West Virginia Code § 47B-10-5

Insurance or financial responsibility of registered limited liability
Open in Lexace · Ask the AI about this section
partnerships.
(a) A registered limited liability partnership, and any foreign limited liability partnership
transacting business in this state, shall carry at all times at least $1 million of liability
insurance of a kind that is designed to cover the kinds of omissions, negligence, wrongful
acts, misconduct and malpractice for which liability is limited by subsectione (c), section six,
article three of this chapter and which insures the partnership and its partners.
(b) If, in any proceeding, compliance by a partnership with the requirements of subsection
(a) of this section is disputed, that issue shall be determined by tuhe court, and the burden of
proof of compliance shall be on the person who claims the limitation of liability in subsection
(c), section six, article three of this chapter. t
(c) If a registered limited liability partnership is in compliance with the requirements of
subsection (a) of this section, the requirements of this section shall not be admissible or in
any way be made known to a jury in determining anl issue of liability for or extent of the
obligation or damages in question. s
(d) A registered limited liability partnershiip is considered to be in compliance with
subsection (a) of this section if the pgartnership provides $1 million of funds specifically
designated and segregated for the satisfaction of judgments against the partnership or its
partners based on the kinds of omissions, negligence, wrongful acts, misconduct and
malpractice for which liability is limited by subsection (c), section six, article three of this
chapter, by:
(1) Deposit in trust or in bank escrow of cash, bank certificates of deposit or United States
Treasury obligations; or
(2) A bank letter of credit or insurance company bond.
(e) Any policy or contract of liability insurance providing coverage for liability as described
in this section shall be read so as to contain a provision or endorsement whereby the
company issuing such policy waives or agrees not to assert as a defense on behalf of the
policyholder or any beneficiary thereof, to any claim covered by the terms of such policy
within the policy limits, the immunity from liability of the insured granted by the provisions
of this chapter.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.