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Posts tagged "UTPA"

House Bill 4286 - Claims Adjuster Liability

Individuals in West Virginia have long been able to bring private causes of action against insurers for violations of the West Virginia Unfair Trade Practices Act ("UTPA"). In 2003, the West Virginia Supreme Court of Appeals ruled that insurance claims adjusters, in addition to insurers, may be held personally liable for UTPA violations. Accordingly, individual claims adjusters found themselves exposed to liability for violations that occurred within the scope of their employment. House Bill 4286, if enacted, would reverse this case law and protect claims adjusters from liability under the UTPA.

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