West Virginia Code § 33-30-10

Payment of losses
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(a) Pursuant to the reinsurance agreements, authorized by this article, the board shall,
within ninety days after receiving the loss report, pay the insurer all amounts due out of the
fund.
(b) No claim of an insured shall be paid by an insurer in respect of a loss covered by mine
subsidence insurance prior to February 15, 1983. On and after February 15, 1983, all claims
of insureds shall be paid within one hundred twenty days after proof of loss is presented to
an insurer unless otherwise agreed by the insurer and claimant. Upon payment of the claim
of an insured from the fund, the insured shall be deemed to haveu waived any cause of action
for damages caused by subsidence to the extent of the payment from the fund.

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