W. Va. Code R. § 85-3-6

Current through Register Vol. XLI, No. 40, October 4, 2024
Section 85-3-6 - Limit of liability
6.1. Maximum limits. - The Fund's maximum liability for any one "Occurrence" is the amount stated in the declarations. A single "Occurrence" includes all injuries to one or more employees that arise out of the same specific unsafe working condition, referred to in the insuring agreement. The Fund's maximum liability for two (2) or more occurrences within four (4) consecutive quarters shall be double the Fund's per occurrence limit.
6.2. Excess coverage. - The Fund's liability shall not extend to cover nor be required to contribute to any claim by an employee of the insured to the extent that such claim is recoverable through the Workers' Compensation Fund or a qualified self-insurer. Subject to the maximum limits of liability of each policy, no proceeds shall be paid from the Fund unless such proceeds shall represent compensation in excess of the amount recovered or recoverable from the Workers' Compensation Fund or a qualified self-insurer.

W. Va. Code R. § 85-3-6