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WV Code § 33-20B-9 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20B. Rates and Malpractice Insurance Policies|§33-20B-9. Authority of Commissioner to Promulgate Rules and Regulations Regarding Affiliate and Subsidiary Operating Results

The commissioner may as he deems necessary after notice and hearing promulgate rules and regulations in accordance with chapter twenty-nine-a of this code to define the commissioner's authority to consider the operating results of an insurer's affiliates and subsidiaries in the rate making and solvency determination of that insurer.
WV Code § 33-20C-1 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20C. Cancellation or Nonrenewal of Malpractice Insurance Policies|§33-20C-1. Scope of Article

This article applies to malpractice insurance as defined in subdivision (9), subsection (e), section ten, article one of this chapter. This article applies to malpractice insurance policies which have been in effect for at least sixty days or have been renewed at least once.
WV Code § 33-20C-2 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20C. Cancellation or Nonrenewal of Malpractice Insurance Policies|§33-20C-2. Cancellation Prohibited Except for Specified Reasons; Notice

No insurer once having issued or delivered a policy providing malpractice insurance in this state may cancel the policy, except for one or more of the following reasons:(a) The named insured fails to discharge any of his or her obligations to pay premiums for the policy or any installment of the policy within a reasonable time of the due date;(b) The policy was obtained through material misrepresentation;(c) The insured violates any of the material terms and conditions of the policy; or(d) Reinsurance is unavailable. The insurer shall supply sufficient proof of the unavailability to the commissioner.(e) Any purported cancellation of a policy providing malpractice insurance attempted in contravention of this section is void.
WV Code § 33-20C-3 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20C. Cancellation or Nonrenewal of Malpractice Insurance Policies|§33-20C-3. Insurer to Specify Reasons for Cancellation

In every instance in which a policy or contract of malpractice insurance is canceled by the insurer, the insurer or its duly authorized agent shall cite within the written notice of the action the allowable reason in section two of this article for which the action was taken and shall state with specificity the circumstances giving rise to the allowable reason cited. The notice of the action shall further state that the insured has a right to request a hearing, pursuant to section five of this article, within thirty days.
WV Code § 33-20C-4 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20C. Cancellation or Nonrenewal of Malpractice Insurance Policies|§33-20C-4. Notice Period for Cancellation; Ninety-Day Notice Required for Nonrenewal

(a) No insurer shall fail to renew a policy or contract providing malpractice insurance unless written notice of the nonrenewal is forwarded to the insured by certified mail, return receipt requested, not less than ninety days prior to the expiration date of the policy.(b) No insurer shall cancel a policy or contract providing malpractice insurance during the term of the policy unless written notice of the cancellation is forwarded to the insured by certified mail, return receipt requested, not more than thirty days after the reason for the cancellation, as provided in section two of this article, arose or occurred or the insurer learned that it arose or occurred and not less than thirty days prior to the effective cancellation date.
WV Code § 33-20C-5 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20C. Cancellation or Nonrenewal of Malpractice Insurance Policies|§33-20C-5. Hearings and Review

Any insured aggrieved by the cancellation of a policy or contract providing malpractice insurance may request a hearing before the commissioner or his designee within thirty days of the receipt of any such notice. The hearing shall be conducted pursuant to section thirteen, article two of this chapter. The policy shall remain in effect until entry of the commissioner's order. Any party aggrieved by an order of the commissioner may seek judicial review in the circuit court of the county in which the insured resides in accordance with section fourteen, article two of this chapter.
WV Code § 33-20D-1 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20D. Tail Insurance|§33-20D-1. Scope of Article

This article applies to malpractice insurance as defined in subdivision (9), subsection (e), section ten, article one of this chapter insuring a medical physician, osteopathic physician, podiatric physician, chiropractic physician, dentist, midwife, nurse practitioner or hospital which has been in effect for at least sixty days.
WV Code § 33-20D-2 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20D. Tail Insurance|§33-20D-2. Definitions

As used in this article:(a) "Tail insurance" means insurance which covers a professional insured once a claims made malpractice insurance policy is cancelled, not renewed or terminated and covers claims made after such cancellation or termination for acts occurring during the period the prior malpractice insurance was in effect.(b) "Claims made malpractice insurance policy" means a policy which covers claims which are reported during the policy period, meet the provisions specified by the policy, and are for an incident which occurred during the policy period, or occurred prior to the policy period, as is specified by the policy.
WV Code § 33-20D-3 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20D. Tail Insurance|§33-20D-3. Tail Insurance to Be Offered Upon Cancellation; Availability of Amortization; Minimum Premium Rates; Penalties for Noncompliance

(a) Upon cancellation, nonrenewal or termination of any claims made professional malpractice insurance policy, the insurer shall offer to the insured tail insurance coverage.(b) Upon cancellation, nonrenewal or termination of any claims made professional malpractice insurance policy, the insurer shall offer to any professional licensed and practicing in the State of West Virginia, or who, upon retirement, last practiced in the State of West Virginia, the opportunity to amortize the payment of premiums for tail insurance over a period of not more than thirty-six months, in quarterly payments, at a rate to be established by the Insurance Commissioner: Provided, That quarterly premiums paid pursuant to this subsection shall not be less than $750.(c) The first quarterly payment shall be payable contemporaneous with the issuance of the tail coverage policy. Subsequent payments shall be due and payable quarterly thereafter. Each licensed malpractice insurer shall submit for approval, by the commissioner, a plan for determination of partial limits in the event of default on amortized payment.(d) Any insurer who fails to offer tail insurance or in any other way violates the provisions of this article shall be assessed a penalty equal to the amount of the premium due.(e) The offer of tail insurance coverage required by this section shall expire forty-five days after the cancellation, termination or other expiration of the claims made professional malpractice insurance policy, unless sooner accepted, in writing, by the insured.
WV Code § 33-20D-4 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20D. Tail Insurance|§33-20D-4. Insurance Commissioner to Promulgate Rules; Establish Amortization Rates

(a) Pursuant to article three, chapter twenty-nine-a of this code, the Insurance Commissioner shall promulgate legislative rules establishing procedures necessary to effectuate the provisions of this article. The first set of rules shall be promulgated as emergency rules within forty-five days of the effective date of this article.(b) The Insurance Commissioner shall promulgate rules and regulations providing for the amortization of premium payments for tail insurance, which rules shall include, but not be limited to:(1) Amortization schedules for various periods, but not to exceed a period of thirty-six months;(2) Reasonable annual amortization rates;(3) Reasonable annual interest rates;(4) Such other schedules and rates as the commissioner deems necessary to effect the provisions of this article.
WV Code § 33-20E-1 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20E. West Virginia Medical Professional Liability Insurance Joint Underwriting Association Act|§33-20E-1. Short Title

This article may be cited as the "West Virginia Medical Professional Liability Insurance Joint Underwriting Association Act."
WV Code § 33-20E-2 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20E. West Virginia Medical Professional Liability Insurance Joint Underwriting Association Act|§33-20E-2. Legislative Findings

The Legislature finds and declares:(a) That recent developments in the voluntary insurance market have made it impossible for certain West Virginia health care providers to obtain professional liability insurance coverage from insurers licensed to transact insurance in this state;(b) That the unavailability of such insurance will have a deleterious effect on the quality and availability of public health programs and services to the citizens of this state;(c) That it is in the best interests of the citizens of this state to preserve the quality and availability of public health programs and services; and,(d) That the establishment and funding of a joint underwriting association will make available medical professional liability insurance to health care providers, thus preserving public health programs and services for the citizens of this state.
WV Code § 33-20E-3 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20E. West Virginia Medical Professional Liability Insurance Joint Underwriting Association Act|§33-20E-3. Intent and Purpose

The purpose of this article is to create a mechanism to provide medical professional liability insurance to health care providers who are unable to secure such coverage at approved rates through the voluntary market, in order to preserve public health programs and services for the citizens of this state.
WV Code § 33-20E-4 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20E. West Virginia Medical Professional Liability Insurance Joint Underwriting Association Act|§33-20E-4. Definitions

As used in this article, the following terms have the meanings set forth below:(a) "Association" means the joint underwriting association created by this article.(b) "Board" means the board of directors established pursuant to section six of this article.(c) "Commissioner" means the Insurance Commissioner of West Virginia.(d) "Health care provider" means a person, partnership, corporation, facility or institution licensed by, or certified in, this state or another state, to provide health care or professional health care services, including, but not limited to, a physician, osteopathic physician, hospital, dentist, registered or licensed practical nurse, optometrist, podiatrist, chiropractor, physical therapist, or psychologist.(e) "Medical professional liability insurance", commonly known as "medical malpractice insurance", means insurance coverage for any claim for damage or loss against a health care provider arising out of the death or injury of any person proximately caused by negligence in the rendering, or the failure to render, professional services by a health care provider.(f) "Member insurer" means every insurer authorized to write and engaged in writing, within this state, casualty insurance, as defined in section ten, article one of this chapter.(g) "Net direct written premiums" means, for purposes of this article, direct gross premiums written in this state on casualty insurance policies, less return premiums thereon, but does not include premiums on contracts between insurers or reinsurers.(h) "State board" means the state Board of Risk and Insurance Management.
WV Code § 33-20E-5 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20E. West Virginia Medical Professional Liability Insurance Joint Underwriting Association Act|§33-20E-5. Joint Underwriting Association

(a) There is hereby created a nonprofit unincorporated legal entity to be known as the West Virginia medical professional liability insurance joint underwriting association composed of member insurers. Every insurer authorized to write and engaged in writing, within this state, casualty insurance, on a direct basis, is and shall remain a member insurer, as a condition of its authority to transact insurance in this state.(b) Each member insurer shall participate in the association in the proportion that its net direct written premiums during the preceding calendar year, as reported in the annual statements and other reports filed by the member with the commissioner, bear to the aggregate net direct premiums written in this state by all members of the association.(c) The association shall perform its functions under a plan of operation approved by the commissioner under section nine of this article.
WV Code § 33-20E-6 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20E. West Virginia Medical Professional Liability Insurance Joint Underwriting Association Act|§33-20E-6. Board of Directors

(a) The administrative powers of the association shall be vested in a board of directors, which shall consist of nine persons serving terms established in the plan of operation. Seven of the board members shall be representatives of the member insurers and shall be appointed by the commissioner, with consideration given to whether all member insurers are fairly represented. One member shall be a health care provider, and another shall be a citizen, both appointed by the Governor with the advice and consent of the Senate.(b) The citizen and health care provider members of the board shall receive the same compensation authorized by law for members of the Legislature for their interim duties for each day, or portion thereof, the member is engaged in the discharge of official duties. All board members shall be reimbursed for their actual and necessary expenses incurred in the discharge of official duties, except that mileage shall be reimbursed at the same rate as that authorized for members of the Legislature. All payments for compensation and expenses shall be made from the assets of the association.
WV Code § 33-20E-7 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20E. West Virginia Medical Professional Liability Insurance Joint Underwriting Association Act|§33-20E-7. Association's Powers and Duties

(a) The association has, for purposes of this article and to the extent approved by the commissioner, the general powers and authority granted under the laws of this state to insurers licensed to transact insurance as defined in article one, chapter thirty-three of this code.(b) The association may take any necessary action to make medical professional liability insurance available including, but not limited to:(1) Assessing member insurers amounts necessary to pay the obligations of the association, administration expenses, the cost of examinations and other expenses authorized under this article. (2) Establishing underwriting standards and criteria.(3) Requiring an eligible health care provider to purchase an extended reporting endorsement, if available, from his or her previous primary medical professional liability carrier with respect to claims arising during previous policy periods.(4) Entering into such contracts as are necessary or proper to carry out the provisions and purposes of this article, including contracts authorizing competent third parties with experience with joint underwriting associations or the medical professional liability line of insurance to administer the plan of operation, issue policies, oversee risk management, oversee investment management, set rates, underwrite risk or process claims or any combination thereof. Any such third-party contract must be approved by the commissioner. The provisions of article three, chapter five-a of this code, relating to purchasing procedures, do not apply to any contracts or agreements executed by or on behalf of the association under this subsection.(5) Suing, including taking legal action necessary to recover any assessments for, on behalf of, or against member insurers.(6) Investigating claims brought against the association and adjusting, compromising, defending, settling, and paying covered claims, to the extent of the association's obligation, and denying all other claims.(7) Classifying risks as may be applicable and equitable.(8) Establishing actuarially sound rates, rate classifications and rating adjustments, subject to approval by the commissioner.(9) Purchasing reinsurance in an amount as it may from time to time consider appropriate.(10) Issuing and marketing policies of insurance providing coverage required by this article in its own name.(11) Investing, reinvesting and administering all funds and moneys held by the association.(12) Establishing accounts and funds, including a reserve fund, to effectuate the purposes of this article.(13) Developing, effectuating and promulgating any loss prevention programs aimed at the best interests of the association and the insured public.
WV Code § 33-20E-8 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20E. West Virginia Medical Professional Liability Insurance Joint Underwriting Association Act|§33-20E-8. State Board of Risk and Insurance Management to Exercise Board of Directors' Powers Temporarily; Interim Plan of Operation

(a) Prior to the commissioner's approval of the final plan of operation in accordance with section nine of this article, the administrative powers of the association will be exercised by the state Board of Risk and Insurance Management. (b) The state board shall submit to the commissioner an interim plan of operation consistent with the provisions of this article, to become effective and operative upon approval in writing by the commissioner.(c) If the state board fails to submit a suitable interim plan of operation within thirty days, the commissioner shall adopt an interim plan which shall continue in force until superceded by a final plan of operation, submitted by the board and approved by the commissioner in accordance with section nine of this article.(d) The interim plan of operation shall provide for economic, fair, and nondiscriminatory administration and for the prompt and efficient provision of professional liability insurance, and shall:(1) Establish actuarially sound rates and premiums;(2) Establish procedures for handling assets of the association;(3) Establish procedures by which claims may be filed with the association and acceptable forms for filing claims;(4) Establish procedures for records to be kept of all financial transactions of the association;(5) Establish a procedure by which any member insurer or policyholder aggrieved by a final action or decision of the state board or the board of directors may appeal to the commissioner within thirty days after the action or decision; and,(6) Contain additional provisions necessary or proper for the execution of the powers and duties of the association.(e) The interim plan may also provide for:(1) Assessments of members to defray losses and expenses;(2) Creation and administration of a reserve fund;(3) Commission arrangements;(4) Reasonable and objective underwriting standards; and (5) Purchase and cession of reinsurance.(f) A health care provider is not eligible to obtain coverage under the interim plan if he or she refuses, on a regular basis, to accept patients solely because their health care coverage is provided pursuant to the West Virginia public employees insurance act, the West Virginia children's health program, West Virginia Medicaid, or the West Virginia workers' compensation fund.(g) All member insurers shall comply with the interim plan of operation.
WV Code § 33-20E-9 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20E. West Virginia Medical Professional Liability Insurance Joint Underwriting Association Act|§33-20E-9. Final Plan of Operation

(a) Once the commissioner has approved the selection of the initial board members, the board shall, within thirty days, submit to the commissioner a final plan of operation consistent with the provisions of this article.(b) If the board fails to submit a suitable final plan of operation within the time provided in subsection (a) of this section, the commissioner shall adopt a final plan of operation as necessary or advisable to effectuate the provisions of this article.(c) The board shall not assume administrative control of the association until the commissioner approves the final plan of operation.(d) In addition to the matters specified in subsection (d) of section eight of this article to be included in the interim plan of operation, the final plan of operation shall:(1) Establish procedures for the transfer of all assets and liabilities of the association from the state board to the board of directors created by section six of this article.(2) Establish the terms of office of the board of directors.(3) Establish regular places and times for meetings of the board of directors.(4) Establish procedures for records to be kept of all financial transactions of the association, its agents, and the board.(5) Establish procedures for assessments of member insurers to defray losses and expenses; (6) Establish reasonable and objective underwriting standards; (7) Establish actuarially sound rates and premiums;(8) Contain such additional provisions as are necessary or proper for the execution of the powers and duties of the association.(d) All member insurers shall comply with the final plan of operation.(e) Amendments to the plan of operation may be made by the commissioner or by the board of directors with the approval of the commissioner.
WV Code § 33-20E-10 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20E. West Virginia Medical Professional Liability Insurance Joint Underwriting Association Act|§33-20E-10. Duties and Powers of Commissioner

(a) The commissioner shall, upon request of the board, provide the association with a statement of the net direct written premiums of each member insurer.(b) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to comply with the plan of operation or fails to pay an assessment when due. (c) Any final order of the commissioner under this article shall be subject to judicial review as provided by section fourteen, article two of this chapter.
WV Code § 33-20E-11 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 20E. West Virginia Medical Professional Liability Insurance Joint Underwriting Association Act|§33-20E-11. Eligibility for Coverage

(a) Only those health care providers who are unable to obtain medical professional liability insurance because it is not available through the voluntary insurance market from insurers licensed to transact insurance in West Virginia at rates approved by the commissioner are eligible to obtain coverage through the association: Provided, That any health care provider who can obtain medical professional liability insurance only pursuant to a "consent to" or "guide A" rate agreement will remain eligible to obtain coverage through the association. Any health care provider who has medical professional liability insurance pursuant to article twelve of chapter twenty-nine of this code is not eligible to obtain insurance through the association.(b) The commissioner shall designate, based upon market conditions, the categories of health care providers who are eligible to obtain coverage from the association.