US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 West Virginia Code » Chapter 33. Insurance » Article 4. General Provisions

§33-4-1. Compliance With Chapter Required

No person shall transact insurance in West Virginia or relative to a subject of insurance resident, located or to be performed in West Virginia without complying with the applicable provisions of this chapter.

§33-4-10. Severability

If any provision of this chapter or the application of such provision to any circumstance is held to be unconstitutional or otherwise invalid, the remainder of this chapter or the application of the provisions to other circumstances shall not be affected thereby. The Legislature hereby declares that it would have passed the remainder of this […]

§33-4-12. Service of Process on Licensed Insurers

The Secretary of State shall be, and is hereby constituted, the attorney-in-fact of every licensed insurer, domestic, foreign or alien, transacting insurance in this state, upon whom all legal process in any action, suit or proceeding against it shall be served and he or she may accept service of the process. The process shall be […]

§33-4-13. Service of Process on Unlicensed Insurers

(a) The purpose of this section is to subject certain insurers to the jurisdiction of the courts of this state in suits by or on behalf of insureds or beneficiaries under certain insurance contracts and to subject said insurers to the jurisdiction of the courts of this state in suits by or on behalf of […]

§33-4-15. Reinsurance

(a) For purposes of this section, an "assumption reinsurance agreement" means any contract which: (1) Transfers insurance obligations and/or risks of existing or in-force contracts of insurance from a transferring insurer to an assuming insurer; and

§33-4-15a. Credit for Reinsurance

(a) The purpose of this section is to protect the interest of insureds, claimants, ceding insurers, assuming insurers, and the public generally. The Legislature hereby declares its intent is to ensure adequate regulation of insurers and reinsurers, and the adequate protection for those to whom they owe obligations. In furtherance of that stated interest, it […]

§33-4-15b. Reinsurance Agreements; Reduction of Liability; Requirements

(a) This section applies to all domestic life insurers, domestic accident and sickness insurers, and domestic property and casualty insurers with respect to their accident and sickness business. This section also applies to all other licensed life insurers, accident and sickness insurers, and property and casualty insurers with respect to their accident and sickness business […]

§33-4-16. Limit of Risk

(a) No insurer shall retain any risk on any one subject of insurance, whether located or to be performed in West Virginia or elsewhere, in an amount exceeding ten percent of its surplus to policyholders. (b) A "subject of insurance" for the purpose of this section, as to insurance against fire and hazards other than […]

§33-4-17. Prohibited Interests of Officers and Directors in Certain Transactions

(a) No director or officer of an insurer shall accept, except for and on behalf of the insurer, or be the beneficiary of any fee, commission, brokerage, gift or other emolument or thing of value in addition to his fixed salary or compensation, because of any investment, loan, deposit, purchase, sale, exchange, or other similar […]

§33-4-18. Representation of Unlicensed Insurers Prohibited; Liability; Exceptions

(a) No person in West Virginia shall in any manner, directly or indirectly, represent or assist any insurer not then duly licensed to transact insurance in West Virginia, in the soliciting, procuring, placing or maintenance of any insurance coverage upon or with relation to any subject of insurance resident, located, or to be performed in […]

§33-4-19. Domestics to Comply With Reciprocal State Laws

No domestic insurer shall transact insurance in any "reciprocal state" in which it is not then duly and properly licensed to transact insurance. (a) A reciprocal state, as used herein, shall mean a state which has in effect a similar prohibition against insurers domiciled in that state. (b) This section shall not apply to: (1) […]

§33-4-21. Deceptive Sales on Military Bases Prohibited; Rules

No person in the business of insurance may engage in dishonest or predatory insurance sales practices on federal land or facilities in this state. The commissioner may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code to identify certain false, misleading, deceptive and unfair insurance sales practices […]

§33-4-23. Guaranteed Asset Protection Waivers

(a) Short title. – This section may be cited as the “Guaranteed Asset Protection Waiver Act.” (b) Purpose. – The purpose of this section is to provide a framework within which guaranteed asset protection waivers are defined and may be offered within this state. (c) Legislative intent. – The Legislature finds that guaranteed asset protection […]

§33-4-3. Expiration of Existing Licenses

The expiration dates of licenses in force immediately prior to the effective date of this chapter, and lawfully existing under any law repealed by this chapter, are hereby extended to midnight, March thirty-first next succeeding such effective date, at which time they shall expire. Any such license may be renewed, suspended or revoked as though […]