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Home » US Law » 2022 West Virginia Code » Chapter 33. Insurance » Article 3. Licensing, Fees and Taxation of Insurers

§33-3-1. License Required

(a) No person may act as an insurer and no insurer may transact insurance in West Virginia except as authorized by a valid cense issued by the commissioner, except as to the transactions as are expressly otherwise provided for in this chapter. (b) No license is required for an insurer, formerly holding a valid license, […]

§33-3-10. Mandatory Refusal, Revocation or Suspension

The commissioner after notice and hearing shall refuse to renew or shall revoke or suspend the license of any insurer: (a) If such action is required by any provision of this chapter; (b) If the insurer no longer meets the requirements for the license originally granted, because of deficiency of assets or otherwise.

§33-3-12. Deceptive, Misleading or Conflicting Names of Insurers

No insurer shall be licensed to transact insurance in West Virginia which has or uses a name so similar to that of any insurer already so licensed as to cause uncertainty or confusion or which tends to deceive or mislead as to the type of organization of the insurer; except that in case of conflict […]

§33-3-13. Fees and Charges

(a) Except where it is otherwise specially provided, the commissioner shall demand and receive the following fees from all insurers: For annual fee for each license, $200; for receiving and filing annual reports, $100; for valuation of policies of life insurers organized under the laws of this state, one and one-half cents for each $1,000 […]

§33-3-14a. Additional Premium Tax

For the purpose of providing additional revenue for the state General Revenue Fund, there is hereby levied and imposed, in addition to the taxes imposed by 33-3-14 of this code, an additional premium tax equal to one percent of taxable premiums. Except as otherwise provided in this section, all provisions of this article relating to […]

§33-3-14c. Computation and Payment of Tax

The taxes levied hereunder shall be due and payable in quarterly installments on or before the twenty-fifth day of the month succeeding the end of the quarter in which they accrue, except for the fourth quarter, for which taxes shall be due and payable on or before March 1 of the succeeding year. The insurer […]

§33-3-14e. Use of Insurance Premium Tax Proceeds to Support Health Sciences and Medical Schools

(a) The Legislature recognizes that the schools of medicine, dentistry, nursing, and related programs of the Health Sciences Center of West Virginia University School of Medicine; the Medical School at Marshall University; and the West Virginia School of Osteopathic Medicine, each provide critical, medical, and related health educational and service opportunities for the significant benefit […]

§33-3-15. Annuity Tax

(a) For the taxable years beginning on or after January 1, 2021, the tax imposed by this section is discontinued. (b) Every life insurer transacting insurance in West Virginia shall make a return to the commissioner annually on a form prescribed by the commissioner, on or before March 1, under the oath of its president […]

§33-3-16. Retaliation

(a) When by or pursuant to the laws of any other state or foreign country any premium or income or other taxes, or any fees, fines, penalties, licenses, deposit requirements or other material obligations, prohibitions or restrictions are imposed upon West Virginia insurers doing business, or that seek to do business in such other state […]

§33-3-17. Minimum Tax Payable

(a) The minimum amount of tax payable by any insurer licensed in the State of West Virginia when considering the aggregate payments due from all of the taxes imposed by this article is $200 for any calendar year. This minimum tax is payable annually on or before March 1 and shall be calculated on a […]

§33-3-2. Qualifications for License

(a) To qualify for a license to transact insurance in West Virginia an insurer must be otherwise in compliance with the provisions of this chapter and with its charter, and must be an incorporated stock insurer, or an incorporated mutual insurer or a reciprocal insurer. (b) No foreign insurer may be authorized to transact insurance […]

§33-3-3. Prerequisites to Issuance of Charter for Domestic Insurer

The Secretary of State of this state shall not issue a certificate of incorporation to any insurer until the commissioner shall have examined the charter of such insurer and approved same in writing upon being satisfied that such insurer is in a position to comply with the provisions of this chapter and that the incorporation […]

§33-3-33. Surcharge on Fire and Casualty Insurance Policies to Benefit Volunteer and Part-Volunteer Fire Departments; Public Employees Insurance Agency and Municipal Pension Plans; Special Fund Created; Allocation of Proceeds; Effective Date

(a)(1) For the purpose of providing additional revenue for volunteer fire departments, part-volunteer fire departments and certain retired teachers and the teachers retirement reserve fund, there is hereby authorized and imposed on and after July 1, 1992, on the policyholder of any fire insurance policy or casualty insurance policy issued by any insurer, authorized or […]

§33-3-33a. Excess Moneys of Fire Protection Fund Deposited Into Volunteer Fire Department Workers Compensation Premium Subsidy Fund; Other Funding; Special Report From State Fire Marshal by December 15, 2015; Termination of Program June 30, 2022

(a) There is hereby established a special fund in the State Treasury known as the Volunteer Fire Department Workers Compensation Premium Subsidy Fund. The fund shall be administered by the State Auditor and shall consist of moneys deposited in the fund pursuant to this section, any other funds appropriated by the Legislature for volunteer fire […]

§33-3-33b. Report Regarding Volunteer Firefighter Workers’ Compensation Coverage

(a) The Insurance Commissioner, in consultation with the State Fire Marshal, the State Auditor, the Legislative Auditor, and the Board of Risk and Insurance Management, shall study the feasibility of combining the volunteer fire departments in our state under a single policy for workers’ compensation coverage, self-insuring workers’ compensation coverage for volunteer fire departments, or […]

§33-3-4. Charter, Documents and Information to Be Filed

Every insurer applying for an initial license shall file with the commissioner accompanying its application: (a) A certified copy of its charter with all amendments; (b) A certified copy of its bylaws with all amendments; (c) A copy of its annual statement as of December thirty- first last preceding; (d) A copy of report of […]