West Virginia Clawback Guaranty
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FAQ
This warranty may be excluded or modified by specific language in the contract to that effect, or ?by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have.? Com. Code §2312(2).
The West Virginia Life & Health Insurance Guaranty Association was created by the West Virginia legislature in 1977 to protect state residents who are policyholders and beneficiaries of policies issued by an insolvent insurance company, up to specified limits.
An implied warranty is a guarantee that is not written down or explicitly spoken. Article 2 of the Uniform Commercial Code ("UCC") governs the sale of goods. An implied warranty is automatically presumed regarding the sale of goods or real property, which prevents a risk from transferring to the buyer.
Implied warranty: Merchantability; usage of trade. (1) Unless excluded or modified (section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.
"A warranty is 'implied' where, from the circumstances sur- rounding the parties at the time of the sale or from the nature of the thing sold, the law assumes it to be just that the buyer should be protected, in addition to the contract of sale, by a further im- plied contract or guaranty on the part of the vendor, and ...
Residents of West Virginia who purchase life insurance, annuities or health insurance should know that the insurance companies licensed in this state to write these types of insurance are members of the West Virginia Life and Health Insurance Guaranty Association.
§37-6-30. Landlord to deliver premises; duty to maintain premises in fit and habitable condition.
