reglab/housing_qa huggingface dataset:
WV Code § 33-3A-7 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 3A. State of Entry for Foreign Insurers|§33-3A-7. Additional Requirements for the u.s. Branch License

(a) Before issuing any new or renewal license to any U.S. branch, the commissioner may require satisfactory proof, either in the non-U.S. insurer's charter or by an agreement evidenced by a duly certified resolution of its board of directors, or otherwise as the commissioner may require, that the insurer will not engage in any insurance business in contravention of the provisions of this article or not authorized by its charter.(b) The commissioner shall issue a renewal license to any U.S. branch if satisfied, by proof as he or she considers satisfactory, that the insurer is not delinquent with respect to any requirement imposed by this article, and that its continuance in business in this state will not be hazardous or prejudicial to the best interests of the people of this state.(c) No U.S. branch shall be licensed to do in this state any kind of insurance business, or any combination of kinds of insurance business, which are not permitted to be done by domestic insurers licensed under the provisions of this article. No U.S. branch shall be authorized to do an insurance business in this state if it does anywhere within the United States any kind of business other than an insurance business and the business necessarily or properly incidental to the kind or kinds of insurance business which it is authorized to do in this state.(d) Except as otherwise specifically provided, no U.S. branch, entering through this state or another state, shall be or continue to be authorized to do an insurance business in this state if it fails to comply substantially with any requirement or limitation of this chapter, applicable to similar domestic insurers hereafter organized, which in the judgment of the commissioner is reasonably necessary to protect the interest of the policyholders.(e) No U.S. branch which does outside of this state any kind or combination of kinds of insurance business not permitted to be done in this state by similar domestic insurers hereafter organized, shall be or continue to be authorized to do an insurance business in this state, unless in the judgment of the commissioner the doing of such kind or combination of kinds of insurance business will not be prejudicial to the best interests of the people of this state.(f) No U.S. branch shall be or continue to be authorized to do an insurance business in this state if it fails to keep full and correct entries of its transactions, which shall at all times be open to the inspection of persons invested by law with the rights of inspection and be maintained in its principal office within this state.
WV Code § 33-3A-8 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 3A. State of Entry for Foreign Insurers|§33-3A-8. Authority of Commissioner

Whenever it appears to the commissioner from any annual or quarterly statement or trusteed surplus statement or any other report that a U.S. branch's trusteed surplus is reduced below minimum capital and surplus, or the authorized control level risk based capital, whichever is greater, required to be maintained by a domestic insurer licensed to transact the same kinds of insurance, the commissioner may proceed against the insurer pursuant to the provisions of sections ten and eleven of article three of this chapter, and treat the insurer as one whose condition is such that its further transaction of business in the United States will be hazardous to its policyholders, its creditors or the public in the United States.
WV Code § 33-4-1 (2021)
2021 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.
WV Code § 33-4-3 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4. General Provisions|§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 originally issued under this chapter.
WV Code § 33-4-4 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4. General Provisions|§33-4-4. Effect of Chapter on Existing Contracts

No provision of this chapter shall be deemed to modify or invalidate any insurance policy heretofore lawfully in force.
WV Code § 33-4-5 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4. General Provisions|§33-4-5. Continuation of Existing Forms and Filings

Every insurance form and every rate or other filing lawfully in use immediately prior to the effective date of this chapter shall continue in effect until the commissioner otherwise prescribes pursuant to this chapter.
WV Code § 33-4-6 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4. General Provisions|§33-4-6. Effect of Repealed Laws on Existing Rights, Actions or Punishments

Repeal by this chapter of any laws shall not affect or abate any right heretofore accrued, action or proceeding heretofore commenced or any unlawful act or violation heretofore committed under such laws and punishment or deprivation of license as a consequence thereof as provided by such laws. All such laws shall be deemed to continue in force to the extent made necessary by the foregoing provision.
WV Code § 33-4-7 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4. General Provisions|§33-4-7. Particular Provisions Prevail Over General Provisions

Provisions of this chapter relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matter in general.
WV Code § 33-4-8 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4. General Provisions|§33-4-8. General Penalty

In addition to the refusal to renew, suspension or revocation of a license, or penalty in lieu of the foregoing, because of violation of any provision of this chapter, it is a misdemeanor for any person to violate any provision of this chapter unless the violation is declared to be a felony by this chapter or other law of this state. Unless another penalty is provided in this chapter or by the laws of this state, every person convicted of a misdemeanor for the violation of any provision of this chapter shall be fined not more than $1,000 or confined in jail not more than six months, or both fined and confined.
WV Code § 33-4-9 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4. General Provisions|§33-4-9. Repeal of Inconsistent Provisions; Prior Law Not Revived

The provisions of all acts or parts of acts, or of this code, which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency. Repeal by this chapter or this act of any provision of any act or parts of acts or of this code shall not have the effect of reviving any prior law theretofore repealed or superseded by such repealed provision.
WV Code § 33-4-10 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4. General Provisions|§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 chapter if it had known that such provision, or its application to any circumstances, would be declared unconstitutional or otherwise invalid.
WV Code § 33-4-11 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4. General Provisions|§33-4-11. Effective Date of Chapter

Except as otherwise expressly stated herein, this chapter shall become effective on January 1, 1958.
WV Code § 33-4-12 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4. General Provisions|§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 served upon the Secretary of State, or accepted by him or her, in the same manner as provided for service of process upon unlicensed insurers under subdivisions (2) and (3), subsection (b), section thirteen of this article. Each licensed insurer shall pay to the Secretary of State an annual fee of $25 for services as authorized agent for service of process, one half of which shall be deposited in the state fund, general revenue and one half of the fees in the service fees and collections account established by section two, article one, chapter fifty-nine of this code for the operation of the office of the Secretary of State.
WV Code § 33-4-16 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4. General Provisions|§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 windstorm or earthquake, includes all properties insured by the same insurer which are customarily considered by insurers to be subject to loss or damage from the same fire or other such hazard insured against.(c) Reinsurance in licensed or approved insurers as authorized by section fifteen of this article shall be deducted in determining risk retained. As to surety risk, deduction shall also be made of the amount assumed by any established incorporated cosurety and the value and security deposited, pledged or held subject to the surety's consent and for the surety's protection.(d) "Surplus to policyholders" for the purpose of this section shall be deemed to include any voluntary reserves which are not required pursuant to law, and shall be determined from the last sworn statement of the insurer on file with the commissioner or by the last report of examination by the commissioner, whichever is the more recent at time of assumption of such risk.(e) As to alien insurers this section shall apply only to risks and surplus to policyholders of the insurer's United States branch.(f) This section shall not apply to life or accident and sickness insurance, title insurance, nor to any policy or type of coverage as to which the maximum possible loss to the insurer is not reasonably ascertainable on issuance of the policy.
WV Code § 33-4-17 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4. General Provisions|§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 transaction made by or for the insurer, or be pecuniarily interested in any capacity except on behalf of the insurer.(b) No insurer shall guarantee the financial obligation of any of its officers or directors.(c) This section shall not prohibit such a director or officer from becoming a policyholder of the insurer and enjoying thereunder the rights customarily provided therein for holders of such policies, nor shall this section prohibit a director or officer of an insurer from serving as an agent or general agent of such insurer and receiving regular established agency commissions therefor: Provided, That the contract between the insurer and its officer and/or director has been approved by the board of directors of the insurer and a true copy thereof, certified to by the secretary of the board of directors of such insurer, has been filed with the commissioner of insurance; nor shall this section prohibit such a director or officer of an insurer from receiving his share of the commission earnings of a stock exchange firm of which he is a partner, or a percentage of underwriting profits under a management contract: Provided, however, That such contract is subject to review and termination by the board of directors, nor shall this section prohibit the payment to a director or officer of a fee for legal services actually rendered to any such insurer provided such compensation is not in excess of the amounts customarily charged for the same type of service; nor shall this section prohibit an officer, in connection with the relocation by the insurer of the place of employment of such officer, including any relocation in connection with the initial employment of such officer, from (i) accepting a mortgage loan made by the insurer on real property owned by such officer which is to serve as such officer's residence or (ii) selling to the insurer, at not more than the fair market value thereof, the residence of such officer.
WV Code § 33-4-18 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4. General Provisions|§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 West Virginia, or inspect or examine any risk or collect or receive any premium on behalf of such insurer.(b) Any person transacting insurance in violation of this section shall be personally liable to the insured for the performance of any contract between the insured and the insurer resulting from such transactions.(c) This section shall not apply to reinsurance procured in accordance with this chapter, to excess line insurance procured pursuant to the provisions of article twelve of this chapter, to transactions exempt under the provisions of section one of article three of this chapter, or to professional services of an adjuster or attorney-at-law.
WV Code § 33-4-19 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4. General Provisions|§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) Contracts entered into where the prospective insurant is personally present in the state in which the insurer is authorized to transact insurance when they sign the application.(2) The issuance of certificates under a lawfully transacted group life or group disability policy, where the master policy was entered into in a state in which the insurer was then authorized to transact insurance.(3) Insurance covering persons or risks located in a reciprocal state, under contracts solicited and issued in states in which the insurer is then licensed. Nor shall it prohibit insurance effectuated by the insurer as an unauthorized insurer in accordance with the laws of the reciprocal state.
WV Code § 33-4-21 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4. General Provisions|§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 as dishonest or predatory and to protect service members of the United States Armed Forces from these practices. To the extent permitted by federal law, the commissioner may enforce this chapter and the rules promulgated pursuant to this chapter on federal land and facilities in this state.
WV Code § 33-4-22 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4. General Provisions|§33-4-22. Payment for Services; Collaborative Relationship Is Not Required

An insurance company or managed care organization may not require an advanced practice registered nurse to participate in a collaborative agreement in order to obtain payment for his or her services.
WV Code § 33-4A-1 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4A. All-Payer Claims Database|§33-4A-1. Definitions

(a) "All-payer claims database" or "APCD" means the program authorized by this article that collects, retains, uses, and discloses information concerning the claims and administrative expenses of health care payers.(b) "Commissioner" means the West Virginia Insurance Commissioner.(c) "Data" means the data elements from enrollment and eligibility files, specified types of claims, and reference files for data elements not maintained in formats consistent with national coding standards. (d) "Health care payer" means any entity that pays or administers the payment of health insurance claims or medical claims under workers compensation insurance to providers in this state, including workers compensation insurers; accident and sickness insurers; nonprofit hospital service corporations, medical service corporations, and dental service organizations; nonprofit health service corporations; prepaid limited health service organizations; health maintenance organizations; and government payers, including, but not limited to, Medicaid, Medicare, and the Public Employees Insurance Agency; the term also includes any third-party administrator, including any pharmacy benefits manager, that administers a fully funded plan: A "health insurance claim" does not include: (1) Any claim paid under an individual or group policy providing coverage only for accident or disability income insurance or any combination thereof; coverage issued as a supplement to liability insurance; liability insurance, including general liability insurance and automobile liability; credit-only insurance; coverage for on-site medical clinics; other similar insurance coverage, which may be specified by rule, under which benefits for medical care are secondary or incidental to other insurance benefits; or (2) Any of the following if provided under a separate policy, certificate, or contract of insurance: Limited scope dental or vision benefits; benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof; coverage for only a specified disease or illness; or hospital indemnity or other fixed indemnity insurance."Health insurance claims" shall only include information from Medicare supplemental policies if the same information is obtained with respect to Medicare.(e) "Personal identifiers" means information relating to an individual member or insured that identifies, or can be used to identify, locate, or contact a particular individual member or insured, including, but not limited to, the individuals name, street address, Social Security number, e-mail address, and telephone number.(f) "Secretary" means the Secretary of the West Virginia Department of Health and Human Resources.(g) "Third-party administrator" has the same meaning ascribed to it in 33-46-2 of this code.
WV Code § 33-4A-2 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4A. All-Payer Claims Database|§33-4A-2. Establishment and Development of an All-Payer Claims Database

(a) The secretary shall have primary responsibility for the collection, retention, and dissemination of the data in an all-payer claims database (APCD). The commissioner shall have primary responsibility for enforcement of data collection. (b) The secretary shall provide for the development of a plan for the financial stability of the APCD. (c) The secretary shall provide for the use of the hospital uniform billing data collected by the West Virginia Department of Health and Human Resources as a tool in the validation of APCD reports.
WV Code § 33-4A-3 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4A. All-Payer Claims Database|§33-4A-3. Powers of the Secretary; Exemption From Purchasing Rules

(a) The secretary may:(1) Accept gifts, bequests, grants, or other funds dedicated to the furtherance of the goals of the all-payer claim database (APCD);(2) Select a vendor to handle data collection and processing and such other tasks as deemed appropriate;(3) Enter into agreements with other states to perform joint administrative operations, share information, and assist in the development of multistate efforts to further the goals of this article: Provided, That any such agreements must include adequate protections with respect to the confidentiality of the information to be shared and comply with all state and federal laws and regulations;(4) Enter into memoranda of understanding with other governmental agencies to carry out any of its functions, including contracts with other states to perform joint administrative functions;(5) Attempt to ensure that the requirements with respect to the reporting of data be standardized; (6) Enter into voluntary agreements to obtain data from payers not subject to mandatory reporting under this article; and (7) Exempt a payer or class of payers from the requirements of this article for cause. (b) Contracts for professional services for the development and operation of the APCD are not subject to the provisions of 5A-3-1 et seq. of this code relating to the Purchasing Division of the Department of Administration. The award of such contracts shall be subject to a competitive process established by the secretary.(c) The secretary shall make an annual report to the Governor, which shall also be filed with the Joint Committee on Government and Finance, summarizing the activities of the APCD in the preceding calendar year.