reglab/housing_qa huggingface dataset:
WV Code § 33-29-8 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 29. Life and Accident and Sickness Insurance Policy Language Simplification Act|§33-29-8. Approval of Forms

A policy form meeting the requirements of subsection (a), section five of this article shall be approved notwithstanding the provisions of any other laws which specify the content of policies, if the policy form provides the policyholders and claimants protection not less favorable than they would be entitled to under such laws.
WV Code § 33-29-9 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 29. Life and Accident and Sickness Insurance Policy Language Simplification Act|§33-29-9. Effective Dates

(a) Except as provided in section four, this article applies to all policy forms filed on or after July 1, 1983. No policy form shall be delivered or issued for delivery in this state on or after July 1, 1986, unless approved by the commissioner or permitted to be issued under this article. Any policy form which has been approved or permitted to be issued prior to July 1, 1986, and which meets the standards set by this article need not be refiled for approval, but may continue to be lawfully delivered or issued for delivery in this state upon the filing with the commissioner of a list of such forms identified by form number and accompanied by a certificate as to each such form in the manner provided in subsection (d), section five of this article.(b) The commissioner, may, at his discretion and after notice of hearing, extend the dates in subsection (a) of this section.
WV Code § 33-30-1 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 30. Mine Subsidence Insurance|§33-30-1. Legislative Findings

Mine subsidence in this state has resulted in great loss of home, shelter and property to the citizens of this state to the detriment of the health, safety and welfare of such citizens and programs for the alleviation of such problems constitute the carrying out a public purpose. The Legislature hereby declares that the loss of home, shelter and property constitute a detriment to the safety, health and welfare and constitute a public purpose for which this article is in response and is an attempt to alleviate the public detriment.
WV Code § 33-30-2 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 30. Mine Subsidence Insurance|§33-30-2. Purpose

The purpose of this article is to make mine subsidence insurance available in a reasonable and equitable manner to all residents of this state through the office of the state Board of Risk and Insurance Management.
WV Code § 33-30-3 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 30. Mine Subsidence Insurance|§33-30-3. Definitions

As used in this article:(1) "Board" means the state Board of Risk and Insurance Management;(2) "Mine subsidence" means loss to the structure caused by lateral or vertical movement, including collapse which results therefrom, of structures from collapse of man-made underground coal mines. It does not include loss caused by earthquake, landslide, volcanic eruption or collapse of storm and sewer drains and rapid transit tunnels;(3) "Mine subsidence insurance fund" or "fund" means the fund established by this article within the office of the state Board of Risk and Insurance Management;(4) "Policy" means a contract of insurance providing mine subsidence insurance;(5) "Premium" means the gross rate charged policyholders for insurance provided by this article; and(6) "Structure" means any dwelling, building or fixture permanently affixed to realty located in West Virginia, including basements, footings, foundations, septic systems and underground pipes directly servicing the dwelling or building. "Structure" shall not include driveways, sidewalks, parking lots, land, trees, plants, crops or agricultural field drainage tile.
WV Code § 33-30-4 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 30. Mine Subsidence Insurance|§33-30-4. Mine Subsidence Insurance Fund

(a) There is hereby established within the office of the state Board of Risk and Insurance Management a fund to be known as the "mine subsidence insurance fund." The board shall operate the fund pursuant to this article.(b) The fund shall make available insurance coverage against losses arising out of or due to mine subsidence within this state as to any structure within this state.(c) The moneys in the fund shall be derived from premiums for subsidence insurance collected on behalf of the board pursuant to this article. The board shall be empowered to invest the fund and first use the interest therefrom for claim payments and administration expenses.(d) Premiums for subsidence insurance shall be established by the board, who shall periodically review the premium level and the experience data applicable to operation of the fund and make changes as required.(e) Premiums shall be established at a rate or within a schedule of rates sufficient to satisfy all foreseeable claims upon the fund during the period of coverage, giving due consideration to relevant loss or claim experience or trends, to cover normal costs of operation of the fund by the board and provide a reasonable reserve fund for unexpected contingencies. Deviation from the premium set by the board shall not be allowed.
WV Code § 33-30-5 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 30. Mine Subsidence Insurance|§33-30-5. State Support for Mine Subsidence Insurance Fund

(a) The Legislature may appropriate to the mine subsidence insurance fund or the Governor may grant to the fund out of the Governor's civil contingency fund an amount not to exceed $500,000 to pay claims against the fund occurring prior to the accumulation of sufficient reserve to pay such claims and to provide a reasonable reserve fund for unexpected contingencies. The board shall determine adequacy and reasonableness of the reserve.(b) In the absence of appropriations from the Legislature or grants from the Governor's civil contingency fund, the board may advance from its insurance fund sufficient amounts to pay claims against the mine subsidence fund. Any funds advanced by the board shall be repaid to the insurance fund.
WV Code § 33-30-6 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 30. Mine Subsidence Insurance|§33-30-6. Mine Subsidence Coverage; Waivers

Beginning October 1, 1982, every insurance policy issued or renewed insuring on a direct basis a structure located in this state shall include, at a separately stated premium, insurance for loss occurring on or after October 1, 1982, caused by mine subsidence unless waived by the insured: A waiver is not required and the coverage may only be provided if requested by the insured in the following counties: Berkeley, Cabell, Calhoun, Hampshire, Hardy, Jackson, Jefferson, Monroe, Morgan, Pendleton, Pleasants, Ritchie, Roane, Wirt, and Wood: The effective date of a new policy or endorsement containing mine subsidence insurance coverage shall be on the thirtieth calendar day after the application date. The premium charged for coverage shall be set by the board. At no time may the deductible be less than $250 nor more than $500; and total insured value reinsured by the board may not exceed $200,000. In no event may the amount of mine subsidence reinsurance exceed the amount of the fire insurance on the structure.
WV Code § 33-30-7 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 30. Mine Subsidence Insurance|§33-30-7. Limited Right of Insurers to Refuse to Provide Subsidence Coverage

An insurer may refuse to provide subsidence coverage (1) on a structure evidencing unrepaired subsidence damage, until necessary repairs are made; or (2) where the insurer has declined, nonrenewed or canceled all coverage under a policy for underwriting reasons unrelated to mine subsidence: Provided, That an insurer shall refuse to provide subsidence coverage on a structure which evidences a loss or damage in progress.Any dispute arising under this section shall be subject to the hearing and appeal provisions of article two of this chapter.
WV Code § 33-30-8 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 30. Mine Subsidence Insurance|§33-30-8. Reinsurance Agreements

All companies authorized to write fire insurance in this state shall enter into a reinsurance agreement with the board in which each insurer agrees to cede to the board one hundred percent, up to $200.000, of any subsidence insurance coverage issued and, in consideration of the ceding commission retained by the insurer, agree to absorb all expenses of the insurer necessary for sale of policies and any administration duties of the mine subsidence insurance program imposed upon it pursuant to the terms of the reinsurance agreement. The board is authorized to undertake adjustment of losses and administer the fund, or it may provide in a reinsurance agreement that the insurer do so. The board shall agree to reimburse the insurer from the fund for all amounts paid policyholders for claims resulting from mine subsidence and shall pay from the fund all costs of administration incurred by the board but an insurer is not required to pay any claim for any loss insured under this article except to the extent that the amount available in the mine subsidence insurance fund, as maintained pursuant to sections four and five of this article, is sufficient to reimburse the insurer for such claim under this section, and without moral obligation.
WV Code § 33-30-9 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 30. Mine Subsidence Insurance|§33-30-9. Distribution of Premium

The proportion of total subsidence insurance premiums collected by each insurer which shall be retained by the insurer as a ceding commission shall be fixed by the board. The remainder of such premiums shall be remitted by the insurer to the board within forty-five days after the end of each calendar quarter.
WV Code § 33-30-10 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 30. Mine Subsidence Insurance|§33-30-10. Payment of Losses

(a) Pursuant to the reinsurance agreements, authorized by this article, the board shall, within ninety days after receiving the loss report, pay the insurer all amounts due out of the fund.(b) No claim of an insured shall be paid by an insurer in respect of a loss covered by mine subsidence insurance prior to February 15, 1983. On and after February 15, 1983, all claims of insureds shall be paid within one hundred twenty days after proof of loss is presented to an insurer unless otherwise agreed by the insurer and claimant. Upon payment of the claim of an insured from the fund, the insured shall be deemed to have waived any cause of action for damages caused by subsidence to the extent of the payment from the fund.
WV Code § 33-30-12 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 30. Mine Subsidence Insurance|§33-30-12. Right of Recourse

Except in the case of fraud by an insurer, the board does not have any right of recourse against the insurer and the insurer may settle losses in the customary manner consistent with this article.The board may require an insurer to attempt recovery from a policyholder for the amounts paid to such policyholder if, in the judgment of the board, the policyholder was not entitled to the amounts paid because of fraud or violation of the policy conditions. The costs of such recovery attempt shall be borne by the board. Any dispute under this section shall be subject to the hearing and appeal provisions of article two of this chapter.
WV Code § 33-30-13 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 30. Mine Subsidence Insurance|§33-30-13. Subrogation

Each insurer issuing mine subsidence insurance policies in this state has the right of subrogation.The board may exercise the right of subrogation.
WV Code § 33-30-14 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 30. Mine Subsidence Insurance|§33-30-14. Powers of Board

The board has the power, duty and responsibility to establish and maintain the fund and supervise in all respects, consistent with the provisions of this article, the operation and management of the mine subsidence insurance program established in this article and to do all things necessary or convenient to accomplish the purpose of this article.
WV Code § 33-30-15 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 30. Mine Subsidence Insurance|§33-30-15. Rules and Regulations

The board is authorized to promulgate and adopt such rules and regulations relating to mine subsidence insurance as are necessary to effectuate the provisions of this article. Such rules and regulations shall be promulgated and adopted pursuant to the provisions of chapter twenty-nine-a of this code.
WV Code § 33-31-3 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 31. Captive Insurance|§33-31-3. Names of Companies

No captive insurance company shall adopt a name that is the same, deceptively similar, or likely to be confused with or mistaken for any other existing business name registered in the State of West Virginia.
WV Code § 33-31-4 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 31. Captive Insurance|§33-31-4. Minimum Capital and Surplus; Letter of Credit

(a) No captive insurance company shall be issued a license unless it shall possess and thereafter maintain unimpaired paid-in capital of:(1) In the case of a pure captive insurance company, not less than $100,000;(2) In the case of an association captive insurance company, not less than 350,000;(3) In the case of an industrial insured captive insurance company, not less than $250,000;(4) In the case of a risk retention group, not less than $500,000; and(5) In the case of a sponsored captive insurance company, not less than $250,000.(b) No captive insurance company shall be issued a license unless it possesses and thereafter maintains unimpaired paid-in surplus of:(1) In the case of a pure captive insurance company, not less than $150,000;(2) In the case of an association captive insurance company, not less than $350,000;(3) In the case of an industrial insured captive insurance company, not less than $250,000;(4) In the case of a risk retention group, not less than $500,000; and(5) In the case of a sponsored captive insurance company, not less than $250,000.(c) The commissioner may prescribe additional capital and surplus based upon the type, volume, and nature of insurance business transacted.(d) Capital and surplus may be in the form of cash or an irrevocable letter of credit issued by a bank chartered by the State of West Virginia or a member bank of the federal reserve system and approved by the commissioner.
WV Code § 33-31-5 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 31. Captive Insurance|§33-31-5. Dividends

No captive insurance company may pay a dividend out of, or other distribution with respect to, capital or surplus without the prior approval of the commissioner. Approval of an ongoing plan for the payment of dividends or other distributions shall be conditioned upon the retention, at the time of each payment, of capital or surplus in excess of amounts specified by, or determined in accordance with formulas approved by, the commissioner.
WV Code § 33-31-7 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 31. Captive Insurance|§33-31-7. Reports and Statements

(a) Captive insurance companies shall not be required to make any annual report except as provided in this article. (b) On or before March 1 of each year, each captive insurance company shall submit to the commissioner a report of its financial condition, verified by oath of two of its executive officers. Each captive insurance company shall report using generally accepted accounting principles, unless the commissioner approves the use of statutory accounting principles, with any appropriate or necessary modifications or adaptations thereof required or approved or accepted by the commissioner for the type of insurance and kinds of insurers to be reported upon, and as supplemented by additional information required by the commissioner. Except as otherwise provided, each association captive insurance company and each risk retention group shall file its report in the form required by section fourteen, article four of this chapter, and each risk retention group shall comply with the requirements set forth in article thirty-two of this chapter. The commissioner shall by rule propose the forms in which pure captive insurance companies and industrial insured captive insurance companies shall report.(c) Any pure captive insurance company or an industrial insured captive insurance company may make written application for filing the required report on a fiscal year-end. If an alternative reporting date is granted:(1) The annual report is due sixty days after the fiscal year-end; and(2) In order to provide sufficient detail to support the premium tax return, the pure captive insurance company or industrial insured captive insurance company shall file on or before March 1 of each year for each calendar year-end, pages one, two, three, and five of the "captive annual statement; pure or industrial insured", verified by oath of two of its executive officers.
WV Code § 33-31-8 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 31. Captive Insurance|§33-31-8. Examinations and Investigations

(a) At least once in five years, and whenever the commissioner determines it to be prudent, the commissioner shall personally, or by some competent person appointed by the commissioner, visit each captive insurance company and thoroughly inspect and examine its affairs to ascertain its financial condition, its ability to fulfill its obligations and whether it has complied with the provisions of this article. The captive insurance company shall be subject to the provisions of section nine, article two of this chapter in regard to the expense and conduct of the examination.(b) All examination reports, preliminary examination reports or results, working papers, recorded information, documents and copies thereof produced by, obtained by or disclosed to the commissioner or any other person in the course of an examination made under this section are confidential and are not subject to subpoena and may not be made public by the commissioner or an employee or agent of the commissioner without the written consent of the company, except to the extent provided in this subsection. Nothing in this subsection shall prevent the commissioner from using such information in furtherance of the commissioner's regulatory authority under this title. The commissioner may, in the commissioner's discretion, grant access to such information to public officers having jurisdiction over the regulation of insurance in any other state or country, or to law-enforcement officers of this state or any other state or agency of the federal government at any time, so long as such officers receiving the information agree in writing to hold it in a manner consistent with this section.
WV Code § 33-31-9 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 31. Captive Insurance|§33-31-9. Grounds and Procedures for Suspension or Revocation of License

(a) The license of a captive insurance company may be suspended or revoked by the commissioner for any of the following reasons:(1) Insolvency or impairment of capital or surplus;(2) Failure to meet the requirements of section four of this article;(3) Refusal or failure to submit an annual report, as required by section seven of this article, or any other report or statement required by law or by lawful order of the commissioner;(4) Failure to comply with the provisions of its own charter, bylaws or other organizational document;(5) Failure to submit to examination or any legal obligation relative thereto, as required by section eight of this article;(6) Refusal or failure to pay the cost of examination as required by section eight of this article;(7) Use of methods that, although not otherwise specifically prohibited by law, nevertheless render its operation detrimental or its condition unsound with respect to the public or to its policyholders; or(8) Failure otherwise to comply with the laws of this state.(b) If the commissioner finds, upon examination, hearing, or other evidence, that any captive insurance company has violated any provision of subsection (a) of this section, the commissioner may suspend or revoke such company's license if the commissioner deems it in the best interest of the public and the policyholders of such captive insurance company, notwithstanding any other provision of this title.
WV Code § 33-31-10 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 31. Captive Insurance|§33-31-10. Legal Investments

(a) Association captive insurance companies and risk retention groups shall comply with the investment requirements contained in article eight of this chapter, as applicable. Subsection (b), section ten and section eleven, article seven of this chapter shall apply to association captive insurance companies and risk retention groups except to the extent it is inconsistent with approved accounting standards in use by the company. Notwithstanding any other provision of this article, the commissioner may approve the use of alternative reliable methods of valuation and rating.(b) No pure captive insurance company or industrial insured captive insurance company shall be subject to any restrictions on allowable investments whatever, including those limitations contained in article eight of this chapter: Provided, That the commissioner may prohibit or limit any investment that threatens the solvency or liquidity of any such company.(c) No pure captive insurance company may make a loan to or an investment in its parent company or affiliates without prior written approval of the commissioner, and any such loan or investment must be evidenced by documentation approved by the commissioner. Loans of minimum capital and surplus funds required by section four of this article are prohibited.
WV Code § 33-31-11 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 31. Captive Insurance|§33-31-11. Reinsurance

(a) Any captive insurance company may provide reinsurance, comprised in section fifteen-a, article four of this chapter, on risks ceded by any other insurer: Provided, That if the reinsurer is licensed as a risk retention group, then the ceding risk retention group or its members must qualify for membership with the reinsurer.(b) Any captive insurance company may take credit for the reinsurance of risks or portions of risks ceded to reinsurers complying with the provisions of sections fifteen-a and fifteen-b, article four of this chapter. Prior approval of the commissioner shall be required for ceding or taking credit for the reinsurance of risks or portions of risks ceded to reinsurers not complying with sections fifteen-a and fifteen-b, article four of this chapter, except for business written by an alien captive insurance company outside of the United States.(c) In addition to reinsurers authorized under the provisions of section fifteen, article four of this chapter, a captive insurance company may take credit for the reinsurance of risks or portions of risks ceded to a pool, exchange or association acting as a reinsurer which has been authorized by the commissioner. The commissioner may require any other documents, financial information or other evidence that such a pool, exchange or association will be able to provide adequate security for its financial obligations. The commissioner may deny authorization or impose any limitations on the activities of a reinsurance pool, exchange or association that, in the commissioner's judgment, are necessary and proper to provide adequate security for the ceding captive insurance company and for the protection and consequent benefit of the public at large.(d) For all purposes of this article, insurance by a captive insurance company of any workers' compensation qualified self-insured plan of its parent and affiliates shall be deemed to be reinsurance.
WV Code § 33-31-12 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 31. Captive Insurance|§33-31-12. Rating Organizations; Memberships

No captive insurance company may be required to join a rating organization.