West Virginia Code

W. Va. Code § 33-26-1 (2026)

Short title

✓ current as of May 2026
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ARTICLE 26. WEST VIRGINIA GUARANTY ASSOCIATION ACT.

§33-26-1. Short title.

This article may be cited as the "West Virginia Insurance Guaranty Association Act."

Notes of Decisions
Cited in 7 cases, 1995–2005 · leading case: DeVane v. Kennedy, 519 S.E.2d 622 (W. Va. 1999).
DeVane v. Kennedy, 519 S.E.2d 622 (W. Va. 1999). · cites it 3× “That West Virginia Code, Section 33-26-1, et. seq., is designed, in part, to protect the insured of an insolvent carrier; 6.”
West Virginia Ins. Guar. v. Potts, 550 S.E.2d 660 (W. Va. 2001). · cites it 4× “The appellants contend they presented five claims, rather than one aggregate claim, for payment pursuant to the West Virginia Insurance Guaranty Association Act (the Guaranty Act), W.Va.Code §§ 33-26-1 to 19. We agree. I. FACTS The facts in the underlying action are not in…”
Cupano v. West Virginia Ins. Guar. Ass'n, 536 S.E.2d 127 (W. Va. 2000). · cites it 6× “Coronet was subsequently declared to be insolvent, and the defendant below and appellee herein, the West Virginia Insurance Guaranty Association, (hereinafter "the Association") succeeded to and became liable, by operation of W.Va.Code § 33-26-1 et seq. for covered claims…”
Sydenstricker v. Mohan, 618 S.E.2d 561 (W. Va. 2005). · cites it 2× “See W. Va.Code § 33-26-1, et seq. 8 . In conjunction with this assignment of error, Ms.”
Spencer v. Harris, 394 F. Supp. 2d 840 (S.D.W. Va 2005). · cites it 2× “W. Va.Code §§ 33-26-1, et seq. 4 . Harris has testified that he is 40 years old, had lived" in Charleston most of his life and is married with a child from a previous relationship.”
State Ex Rel. Clark v. Blue Cross Blue Shield of West Virginia, Inc., 466 S.E.2d 388 (W. Va. 1995). “The WVIGA Act, West Virginia Code §§ 33-26-1 to -19 (1992), "provide[s] a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an…”
West Virginia Ins. Guar. Ass'n v. Potts, 589 S.E.2d 216 (W. Va. 2003). · cites it 3× “Syllabus point four of Potts I explains that all five members of the Potts family maintain separate claims, as follows: Loss of consortium claims presented for payment under the West Virginia Insurance Guaranty Association Act, W. Va. Code §§ 33-26-1 to 19, by a medical…”
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