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Home » US Law » 2022 West Virginia Code » Chapter 33. Insurance » Article 12C. Surplus Line

§33-12C-28. Separability Provisions

If any provisions of this article, or the application of the provision to any person or circumstance, shall be held invalid, the remainder of the article and the application of the provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

§33-12C-29. Hearings

(a) When conducting any hearing authorized by section thirteen, article two of this chapter which concerns any surplus lines licensee, the commissioner shall give notice of the hearing and the matters to be determined therein to the surplus lines licensee by certified mail, return receipt requested, sent to the last address filed by a person […]

§33-12C-3. Definitions

As used in this article: (a) "Admitted insurer" means an insurer licensed to do an insurance business in this state. (b) "Business entity" means a corporation, association, partnership, limited liability company, or other legal entity. (c) "Capital", as used in the financial requirements of section five of this article, means funds paid in for stock […]

§33-12C-4. Placement of Insurance Business

(a) An insurer shall not engage in the transaction of insurance unless authorized by a license in force pursuant to the laws of this state, or exempted by this article or otherwise exempted by the insurance laws of this state. (b) A person shall not engage in a transaction of insurance or shall in this […]

§33-12C-5. Surplus Lines Insurance

(a) The placement of surplus lines insurance is subject to this section only if this state is the insured's home state. (b) Surplus lines insurance may be placed by a surplus lines licensee if: (1) Each insurer is an eligible surplus lines insurer; and

§33-12C-7. Surplus Lines Tax

(a) In addition to the full amount of gross premiums charged by the insurer for the insurance, every person licensed pursuant to section eight of this article shall collect and pay to the commissioner a sum equal to four and fifty-five one-hundredths percent of the gross premiums and gross fees charged, less any return premiums, […]

§33-12C-8. Surplus Lines Licenses

(a) No person shall procure a contract of surplus lines insurance with a nonadmitted insurer for an insured whose home state is West Virginia unless the person possesses a current surplus lines insurance license issued by the commissioner. (b) The commissioner may issue a surplus lines license to a qualified holder of a current property […]

§33-12C-9. Suspension, Revocation or Nonrenewal of Surplus Lines Licensee's License

(a) The commissioner may examine and investigate the business affairs of every individual applying for or holding a surplus lines insurance license to determine whether such individual has been or is engaged in unfair or deceptive practices in any state. (b) The commissioner may place on probation, suspend, revoke or refuse to issue or renew […]