State insurance board caps payouts for WV victims in police excessive force cases
The board that manages liability insurance for state agencies and awards settlements is reducing the amount of money victims of excessive force — like those in police custody — can be awarded in a settlement.
The
There has been "an uptick in excessive use of force claims for people either in custody or rather being placed in custody," according to BRIM Executive Director
BRIM has a cap of
The state insurance agency, dealing with depleting cash reserves due to payouts, said the policy change was "a fiscally prudent decision" based on claim trends and the increasing costs associated with law enforcement operations.
The decision was not made lightly, said
"BRIM recognizes the seriousness of all claims, particularly those involving injury or loss, and remains committed to managing the program responsibly while supporting fair and equitable outcomes," she said.
Excessive force could involve misuse of tasers, firearms
The agency defined excessive force as "any means of force that is more than necessary to control a situation or apprehend someone."
It could also involve the misuse of tasers, batons or firearms, or the use of deadly force.
The policy, which went into effect
The "limit of liability for excessive force coverage shall not apply to the recovery of reasonable and necessary medical expenses actually incurred," the policy said. The medical expenses cannot be expenses for psychiatric or psychological treatment or other counseling.
Knapp said she didn't have an estimate for how much the state had paid out in excessive force cases.
Wolfe testified before lawmakers earlier this month about the status of BRIM, and he also was unable to provide data about how many excessive force cases the agency had paid out in.
House Minority Leader
"Sometimes — in very few [cases] — some bad apples, they're allowed to be removed from force then allowed to go to another force and get on," Hornbuckle said. "Is that something that maybe we need to look at to make sure that doesn't happen to cost us so much money?"
"We don't insure all the cities and towns in the state," Wolfe responded. "That does happen, and that will be something that you guys can potentially look at that issue."
BRIM's funds decreased after boarding school abuse scandal
Wolfe said that BRIM has
The agency could have to pay out in victims' lawsuits totaling around
BRIM had been insuring the school after the agency made the change in the 1980s to begin insuring some non-state entities.
Wolfe told lawmakers that a 2020 law change that allowed child sexual abuse victims to bring claims until they are 36 years old instead of 20 impacted the agency's payouts.
"In no way, shape or form, do I condone abuse of children or vulnerable adults," Wolfe told lawmakers.
The law change — which came alongside the Miracle Meadows case — wiped out 10 to 15 years of financial reserves, he explained.
"We are working to recapture those reserves while trying to maintain our good risk in the program, so we are working toward that but it's going to be a long recovery," Wolfe said.
In an email, Knapp said that, "While changes in laws and circumstances can have impacts that are not always fully predictable, BRIM takes fiscally responsible steps to maintain long-term program stability."
She continued, "Recent actions include adjusting coverage limits, deductibles and minimum premiums; strengthening underwriting and claims processes; and implementing a reserve recapture plan to rebuild financial reserves."
Earlier this year, House Speaker
The bill was not "intended to make life easier for the perpetrators of sexual violence," Hanshaw said at the time. There would be no changes to criminal claims or proceedings under the legislation.
The bill wasn't taken up for a vote on the House floor by deadline.
BRIM could be on the hook for massive payouts in the case where more than 80 women sued the
A judge recently ruled that the videotaping of each individual is a separate offense for insurance policy purposes. Each individual could receive the


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