West Virginia § 49-2-130 - 49-2-130. Limitation of liability; mandatory errors and omissions insurance.
Full text of West Virginia West Virginia Code § 49-2-130 — 49-2-130. Limitation of liability; mandatory errors and omissions insurance., with citation guidance and answers to common questions.
§ 49-2-130. 49-2-130. Limitation of liability; mandatory errors and omissions insurance.
(a) Every child welfare agency shall obtain a policy of insurance in an amount not less than $1 million per incident insuring the person or entity and every employee, against loss from the liability imposed by law for damages arising from any error or omission in the provision of child placement services.
(b) A child welfare agency providing programs or services is not liable for civil damages in excess of $1,000,000, per incident, unless the damages or injuries are intentionally or maliciously inflicted.
(c) Every person or entity required by this section to obtain a policy of insurance shall furnish proof of the existence of the policy to the department on or before January 1 of each calendar year.
(d) Any person or entity who fails to secure a policy of insurance before providing child placement services is not entitled to the limited liability created by subsection (b) of this section.
(e) An act of sexual assault or sexual abuse shall constitute an incident.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 49-2-130
What does West Virginia Code § 49-2-130 cover?
Section 49-2-130 ("49-2-130. Limitation of liability; mandatory errors and omissions insurance.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 49-2-130?
A common citation format is "West Virginia Code § 49-2-130" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 49-2-130 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.