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Home » US Law » 2022 West Virginia Code » Chapter 33. Insurance » Article 20A. West Virginia Essential Insurance Coverage Act

§33-20A-1. Short Title

This article shall be known and may be cited as the "West Virginia Essential Insurance Coverage Act."

§33-20A-2. Intent and Purpose

To provide for a mechanism whereby the commissioner may establish insurance plans to make available insurance coverages to persons who do not have coverages available to them in the voluntary insurance market.

§33-20A-3. West Virginia Essential Insurance Association

(a) The commissioner shall establish a nonprofit unincorporated legal entity to be known as the West Virginia essential insurance association to make fire and extended coverage insurance available to any person having an insurable interest in habitational or commercial property situated in this state who is equitably entitled to but unable to secure such insurance […]

§33-20A-4. Board of Directors

(a) The administrative powers of the association shall be vested in a board of directors consisting of not less than five nor more than nine members serving terms as established in the plan of operation. The members of the board shall be appointed by the commissioner with due consideration given to the composition of the […]

§33-20A-5. General Powers

(a) The association has, for purposes of this article and to the extent approved by the commissioner, the general powers and authority granted under the laws of this state to insurers licensed to transact the kinds of insurance as defined in chapter thirty-three, article one of this code. (b) The association may take any necessary […]

§33-20A-6. Powers of Commissioner and Association

The commissioner and the association may: (a) Give consideration to the need for adequate and readily accessible coverage, to alternative methods of improving the market affected, to the preferences of the insurers and agents, to the inherent limitations of the insurance mechanism to the need for reasonable underwriting standards, and to the requirement of reasonable […]

§33-20A-7. Immunity From Liability

There is no liability on the part of, and no cause of action of any nature against, the association or its agents or employees, members of the board, or the commissioner or his representatives for any good faith performance of their powers and duties under this article.