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Home » US Law » 2022 West Virginia Code » Chapter 33. Insurance » Article 34. Administrative Supervision

§33-34-1. Definitions

For the purposes of this article the following definitions shall apply: (a) "Insurer" means and includes every person engaged as indemnitor, surety or contractor in the business of entering into contracts of insurance or of annuities as limited to: Any insurer who is doing an insurer business, or has transacted insurance in this state, and […]

§33-34-10. Immunity

There shall be no liability on the part of, and no cause of action of any nature shall arise against, the Insurance Commissioner or the division or its employees or agents thereof for any action taken by them in the performance of their powers and duties under this article.

§33-34-2. Applicability

The provisions of this article shall only apply to: (a) All domestic insurers; and (b) Any other insurer doing business in this state whose state of domicile has asked the commissioner to apply the provisions of this article as regards such insurer.

§33-34-3. Administrative Supervision; Order; Review

(a) An insurer may be subject to administrative supervision by the commissioner if upon examination or at any other time it appears in the commissioner's discretion that: (1) The insurer's condition renders the continuance of its business hazardous to the public, to its insureds or to its creditors;

§33-34-3a. Standards to Determine Hazardous Condition; Commissioner's Authority

(a) Standards. — In making a determination pursuant to subdivision (1), subsection (a), section three of this chapter as to whether the continued operation of an insurer transacting an insurance business in this state might be deemed to be hazardous to the public, to its insureds or to its creditors, the commissioner may consider the […]

§33-34-4. Confidentiality of Certain Proceedings and Records

(a) Notwithstanding any other provision of law and except as set forth in this section, proceedings, hearings, notices, correspondence, reports, records and other information in the possession of the commissioner relating to the supervision of any insurer shall not be subject to disclosure as provided in article one, chapter twenty-nine-b of this code, shall not […]

§33-34-5. Prohibited Acts During Period of Supervision

An insurer may not engage in the following actions during the period of supervision, without the prior approval of the commissioner or his or her special deputy supervisor: (1) Dispose of, convey, or encumber any of its assets or its business in force;

§33-34-6. Administrative Election of Proceedings

Nothing contained in this article shall preclude the commissioner from initiating judicial proceedings to place an insurer in rehabilitation or liquidation proceedings or other delinquency proceedings, however designated under the laws of this state, regardless of whether the commissioner has previously initiated administrative supervision proceedings under this article against the insurer.

§33-34-7. Rules

The division is empowered to adopt reasonable rules pursuant to chapter twenty-nine-a of this code deemed necessary for the implementation of this article.

§33-34-8. Meetings Between the Commissioner and the Special Deputy Supervisor

Notwithstanding any other provision of this code to the contrary, the commissioner may meet with a special deputy supervisor appointed under this article and with the attorney or other representative of the special deputy supervisor, without the presence of any other person, at the time of any proceeding or during the pendency of any proceeding […]

§33-34-9. Special Deputy Supervisor Appointed and Expenses

(1) During the period of supervision the division by contract or otherwise may appoint a special deputy supervisor to supervise the insurer. In the event that a special deputy supervisor is not appointed, the commissioner shall serve in such capacity.