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Home » US Law » 2022 West Virginia Code » Chapter 33. Insurance » Article 31A. Sponsored Captive Insurance Company Formation

§33-31A-1. Applicability of Article

In addition to the provisions of article thirty-one of this chapter, the provisions of this article shall apply to all sponsored captive insurance companies.

§33-31A-2. Definitions

As used in this article, unless the context requires otherwise: (1) "Participant" means associations, corporations, limited liability companies, partnerships, trusts and other business entities and any affiliates thereof that are insured by a sponsored captive insurance company where the losses of the participant are limited through a participant contract to such participant's pro rata share […]

§33-31A-3. Formation of Sponsored Captive Insurance Companies

One or more sponsors may form a sponsored captive insurance company under the provisions of this article. A sponsored captive insurance company shall be incorporated as a stock insurer with its capital divided into shares and held by the stockholders.

§33-31A-4. Supplemental Application Materials

In addition to the information required by subdivisions (1) and (2), subsection (c), section two, article thirty-one of this chapter, each applicant-sponsored captive insurance company shall file with the commissioner the following: (1) Materials demonstrating how the applicant will account for the loss and expense experience of each protected cell at a level of detail […]

§33-31A-5. Protected Cells

A sponsored captive insurance company formed or licensed under the provisions of this article may establish and maintain one or more protected cells to insure risks of one or more participants, subject to the following conditions: (1) The shareholders of a sponsored captive insurance company shall be limited to its participants and sponsors: Provided, That […]

§33-31A-6. Qualification of Sponsors

A sponsor of a sponsored captive insurance company shall be an insurer licensed under the laws of any state, a reinsurer authorized or approved under the laws of any state or a captive insurance company formed or licensed under this article. A risk retention group shall not be either a sponsor or a participant of […]

§33-31A-7. Authorized Participants

Associations, corporations, limited liability companies, partnerships, trusts and other business entities may be participants in any sponsored captive insurance company formed or licensed under this chapter. A sponsor may be a participant in a sponsored captive insurance company. A participant need not be a shareholder of the sponsored captive insurance company or any affiliate thereof. […]

§33-31A-8. Investments

Notwithstanding the provisions of section five of this article, the assets of two or more protected cells may be combined for purposes of investment, and such combination shall not be construed as defeating the segregation of such assets for accounting or other purposes. Sponsored captive insurance companies shall comply with the investment requirements contained in […]

§33-31A-9. Delinquency

In the case of a delinquency of a sponsored captive insurance company, the provisions of section seventeen, article thirty-one of this chapter shall apply, provided: (1) The assets of a protected cell may not be used to pay any expenses or claims other than those attributable to such protected cell; and