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WV Code § 33-12-28 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12. Insurance Producers and Solicitors|§33-12-28. Service Representative Permit

Individual nonresidents of West Virginia, employed on salary by an insurer, who enter the state to assist and advise resident individual insurance producers in the solicitation, negotiation, making or procuring of contracts of insurance on risks resident, located or to be performed in West Virginia shall obtain a service representative permit. The commissioner may, upon receipt of a properly prepared application, issue the permit without requiring a written examination therefor. On or after July 1, 2004, no service representative license will be issued which is not a renewal of an existing license. The fee for a service representative permit shall be $25 and the permit shall expire at midnight on the thirty-first day of March next following the date of issuance. Issuance of a service representative permit may not entitle the holder to countersign policies. The representative may not in any manner sell, solicit, negotiate, make or procure insurance in this state except when in the actual company of the licensed resident individual producer whom he or she has been assigned to assist. All fees collected under this section shall be used for the purposes set forth in section thirteen, article three of this chapter.
WV Code § 33-12-29 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12. Insurance Producers and Solicitors|§33-12-29. Notice of Hearing Before the Commissioner; Failure to Appear; Entry of Orders; Appeal

(a) When conducting any hearing authorized by section thirteen, article two of this chapter which concerns any insurance producer, solicitor, or service representative, the commissioner shall give notice of the hearing and the matters to be determined therein to the insurance producer, solicitor or service representative by certified mail, return receipt requested, sent to the last address filed by the person or entity pursuant to subsection (e), section nine of this article.(b) If an insurance producer, solicitor or service representative fails to appear at the hearing, the hearing may proceed, at which time the commissioner shall establish that notice was sent to the person pursuant to this section prior to the entry of any orders adverse to the interests of the insurance producer, solicitor or service representative based upon the allegations against a person which were set forth in the notice of hearing. Certified copies of all orders entered by the commissioner shall be sent to the person affected therein by certified mail, return receipt requested, at the last address filed by such person with the division.(c) An insurance producer, solicitor or service representative who fails to appear at a hearing of which notice has been provided pursuant to this section, and who has had an adverse order entered by the commissioner against them as a result of their failure to so appear may, within thirty calendar days of the entry of an adverse order, file with the commissioner a written verified appeal with any relevant documents attached thereto, which demonstrates good and reasonable cause for the person's failure to appear, and may request reconsideration of the matter and a new hearing. The commissioner in his or her discretion, and upon a finding that the insurance producer, solicitor or service representative has shown good and reasonable cause for his or her failure to appear, shall issue an order that the previous order be rescinded, that the matter be reconsidered, and that a new hearing be set.(d) Orders entered pursuant to this section are subject to the judicial review provisions of section fourteen, article two of this chapter.
WV Code § 33-12-30 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12. Insurance Producers and Solicitors|§33-12-30. Termination of Contractual Relationship Prohibited

No insurance company may cancel, refuse to renew or otherwise terminate a written contractual relationship with any individual insurance producer who has been employed or appointed pursuant to that written contract by an insurance company as a result of any analysis of a loss ratio resulting from claims paid under the provisions of an endorsement for uninsured and underinsured motor vehicle coverage issued pursuant to the provisions of section thirty-one, article six of this chapter, nor may any provision of that contract, including the provisions for compensation therein, operate to deter or discourage the individual insurance producer from selling and writing endorsements for optional uninsured or underinsured motor vehicle coverage.
WV Code § 33-12-31 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12. Insurance Producers and Solicitors|§33-12-31. Termination of Contractual Relationship; Continuation of Certain Commissions; Exceptions

(a) In the event of a termination of a contractual relationship between a duly licensed individual insurance producer and an automobile insurer of private passenger automobiles who is withdrawing from writing private passenger automobile insurance within the state, the insurer shall pay the individual insurance producer a commission, equal to the commission the individual insurance producer would have otherwise been entitled to under his or her contract with the insurer, for a period of two years from the date of termination of the contractual relationship for those renewal policies that cannot otherwise be canceled or nonrenewed pursuant to law, which policies the individual insurance producer continues to service. The insurer must continue the appointment of the individual insurance producer for the duration of time the individual insurance producer continues to service the business: Provided, That this requirement shall not obligate the withdrawing insurer to accept any new private passenger automobile insurance within the state.(b) Subsection (a) of this section does not apply to an individual insurance producer who is an employee of the insurer or an individual insurance producer as defined by article twelve-a of this chapter or an individual insurance producer who by contractual agreement either represents only one insurer or group of affiliated insurers or who is required by contract to submit risks to a specified insurer or group of affiliated insurers prior to submitting them to others.
WV Code § 33-12-33 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12. Insurance Producers and Solicitors|§33-12-33. Reciprocity

(a) The Insurance Commissioner shall waive any requirements for a nonresident license applicant with a valid license from his or her home state, except the requirements imposed by section twelve of this article, if the applicant's home state awards nonresident licenses to residents of this state on the same basis.(b) An individual nonresident producer's satisfaction of his or her home state's continuing education requirements for licensed insurance producers shall constitute satisfaction of this state's continuing education requirements if the nonresident producer's home state recognizes the satisfaction of its continuing education requirements imposed upon producers from this state on the same basis.
WV Code § 33-12-34 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12. Insurance Producers and Solicitors|§33-12-34. Reporting of Actions

(a) A producer shall report to the Insurance Commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in this state within thirty days of the final disposition of the matter. This report shall include a copy of the order, consent to order or other relevant legal documents.(b) Within thirty days of the initial pretrial hearing date, a producer shall report to the Insurance Commissioner any criminal prosecution of the producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing and any other relevant legal documents.
WV Code § 33-12-35 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12. Insurance Producers and Solicitors|§33-12-35. Regulations

The Insurance Commissioner may, in accordance with article three, chapter twenty-nine-a of this code, promulgate reasonable regulations as are necessary or proper to carry out the purposes of this article. Any legislative rules promulgated under the former article twelve of this chapter shall remain in full force and effect but shall henceforth relate to the redesignated statutory provisions contained herein.
WV Code § 33-12-36 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12. Insurance Producers and Solicitors|§33-12-36. Severability

If any provisions of this article, or the application of a provision to any person or circumstances, shall be held invalid, the remainder of the article, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not be affected.
WV Code § 33-12A-1 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12A. Contractual Relationships Between Insurance Companies and Agents|§33-12A-1. Declaration of Purpose

It is hereby found and determined by the Legislature that it is essential to the best interests of the citizens of this state that the contractual relationship between insurance agents and insurance companies be established; and that this article is enacted for the purpose of prohibiting arbitrary and capricious cancellation of such contractual relationships.
WV Code § 33-12A-2 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12A. Contractual Relationships Between Insurance Companies and Agents|§33-12A-2. Definitions

As used in this article:(a) "Insurance company" means any individual, firm or corporation engaged in the business of selling insurance in this state, excepting only: (1) Clubs or associations organized under the laws of this state which sell insurance to their members and (2) companies engaged exclusively in the sale of life or accident and sickness insurance.(b) "Insurance agent" means any individual, firm or corporation appointed by an insurance company, as defined herein, whose exclusive activity in this field is in behalf of a single insurance company and who is authorized by that company to solicit insurance or to negotiate insurance on its behalf, and who is authorized by the insurance company to effectuate and countersign insurance contracts on its behalf.
WV Code § 33-12A-3 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12A. Contractual Relationships Between Insurance Companies and Agents|§33-12A-3. Termination of Contractual Relationship; Notice; Good Cause

No insurance company may cancel, refuse to renew or otherwise terminate a written contractual relationship with any insurance agent who has been employed or appointed pursuant to that written contract by such insurance company for a period of more than five years, except for "good cause," as prescribed herein. If an insurance company proposes to cancel, fail to renew or otherwise terminate a contractual relationship with the agent, the company shall so notify the agent by certified mail at least ninety days prior to the date upon which the company proposed to cancel, fail to renew or terminate the contractual relationship. Such notice shall include a statement of the grounds upon which the insurance company bases its decision to cancel, refuse to renew or terminate any contractual relationship.The following matters are "good cause" for an insurance company to terminate the contractual relationship with its agent:(a) Criminal misconduct or gross negligence relating to the business or premises of the insurance agency;(b) Fraud or moral turpitude;(c) Abandonment or unattendance of the business or premises of the insurance agency for such period of time as may unreasonably interfere with the transacting of business;(d) The failure by the agent to pay moneys over to the company for insurance contracts sold by the agency;(e) The death or disability of the agent; and(f) Upon the company becoming insolvent or discontinuing any line of insurance for any business purpose: Provided, That the Insurance Commissioner shall notify or cause to be notified in writing all agents of such insolvent insurance company that they are no longer entitled to any benefit under their contract with the insolvent company.
WV Code § 33-12A-4 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12A. Contractual Relationships Between Insurance Companies and Agents|§33-12A-4. Notice of Cancellation Void in Certain Cases

If, upon receipt by the insurance agent of the notice of proposed cancellation provided by the preceding section, the insurance agent prior to the established cancellation date as stated in the notice rectifies or eliminates the stated ground constituting "good cause" for cancellation of the contract, the notice shall be void.
WV Code § 33-12A-5 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12A. Contractual Relationships Between Insurance Companies and Agents|§33-12A-5. Violation of Provisions of This Article; Statute of Limitations

If any insurance company cancels, refuses to renew or otherwise terminates the contractual relationship with any agent in violation of the provisions of this article, the agent who has been damaged thereby has a cause of action against the insurance company for specific performance, injunctive relief or for damages sustained by the plaintiff as a result of the termination of the relationship, including ascertainable loss of goodwill as a result of the termination of the relationship: Provided, That any action brought by an insurance agent against an insurance company for wrongful termination of the contractual relationship shall be commenced within two years after such wrongful termination.
WV Code § 33-12B-2 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12B. Adjusters|§33-12B-2. License Required

(a) No person may act or hold himself, herself, or itself out as a company adjuster, an independent adjuster, or a public adjuster in this state unless the person is licensed in accordance with this article or is exempt from licensure under this article.(b) The license shall contain the licensees name, address, personal identification number, the date of issuance, expiration date, and any other information the commissioner deems necessary.(c) A person licensed as a public adjuster shall not misrepresent to a claimant that he, she, or it is an adjuster representing an insurer in any capacity, including acting as an employee of the insurer or acting as an independent adjuster unless so appointed by an insurer in writing to act on the insurers behalf for that specific claim or purpose. A licensed public adjuster is prohibited from charging that specific claimant a fee when appointed by the insurer and the appointment is accepted by the public adjuster.(d) The commissioner shall license an individual as a company adjuster, independent adjuster, or public adjuster. An individual may be licensed concurrently under separate licenses but shall not act as an adjuster representing the interests of the insured and the insurer with respect to the same claim.
WV Code § 33-12B-4 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12B. Adjusters|§33-12B-4. Temporary Licensure for Emergency Company or Independent Adjusters

(a) In the event of a declared insurance emergency, an insurer shall notify the commissioner with an application for temporary emergency licensure for each individual who will act as an emergency company adjuster or emergency independent adjuster on behalf of the insurer. (b) A person who is otherwise qualified to adjust claims, but not already licensed in this state when the insurance emergency has been declared, may act as an emergency company or independent adjuster and adjust claims if, within five days of the declared insurance emergency, the insurer notifies the commissioner by providing the following information in a format proposed by the commissioner:(1) Name and address of the individual;(2) National Producer Number of the individual if the individual has a National Producer Number;(3) Name of the insurer which the company or independent adjuster will represent;(4) Effective date of the contract between the insurer and independent adjuster, if applicable;(5) Insurance emergency or loss control number;(6) Insurance emergency event name; and(7) Any other information the commissioner deems necessary. (c) An emergency company or independent adjusters license shall remain in force for a period not to exceed 90 days, unless extended for an additional period by the commissioner.(d) The fee for emergency company or independent adjuster application for licensure shall be in an amount specified in 33-12B-8 of this code. The fee shall be due and payable at the time of application for licensure.
WV Code § 33-12B-4a (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12B. Adjusters|§33-12B-4a. Exemptions From License

[Repealed]
WV Code § 33-12B-7 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12B. Adjusters|§33-12B-7. Lines of Authority

(a) An independent adjuster or a company adjuster may qualify for a license in one or more of the following lines of authority:(1) Property and casualty;(2) Workers compensation; or(3) Crop.(b) A public adjuster may only qualify for a license designating a property and casualty line of authority.
WV Code § 33-12B-8 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12B. Adjusters|§33-12B-8. License Fees

(a) The annual fee for an individual adjuster license shall be $25. (b) The annual fee for a business entity adjuster license shall be $200. (c) The fee for a temporary emergency adjuster license shall be $25. (d) All fees collected pursuant to this section shall be used for the purposes set forth in 33-3-13 of this code.
WV Code § 33-12B-9 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12B. Adjusters|§33-12B-9. Licensing of Nonresident Adjusters

(a) A nonresident applicant for an adjuster license who holds a similar license in his or her home state may be licensed as a nonresident adjuster in this state if the applicants home state has established, by law or regulation, like requirements for the licensing of a resident of this state as a nonresident adjuster.(b) As a condition of continuing a nonresident adjuster license, the licensee must maintain a license in his or her home state. The commissioner may verify the adjusters licensing status through the producer database maintained by the National Association of Insurance Commissioners, its affiliates, or subsidiaries.(c) If a nonresident adjuster desires to become a resident adjuster, he or she must apply to become one within 90 days of establishing legal residency in this state.(d) If a nonresident adjuster has his or her license suspended, terminated, or revoked by his or her home state, the adjuster must immediately notify the commissioner of that action and, with respect to license terminations or revocations, surrender the license to the commissioner.(e) A resident of Canada may be licensed as a nonresident adjuster under this section if that person has obtained a resident or home state adjuster license in another United States jurisdiction.
WV Code § 33-12B-10 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12B. Adjusters|§33-12B-10. Expiration of License; Renewal

(a) The commissioner may, in his or her discretion, fix the dates of expiration of respective licenses for all adjusters in any manner as is considered by him or her to be advisable for an efficient distribution of the workload of his or her office. If the expiration date so fixed would upon first occurrence shorten the period for which a license fee has theretofore been paid, no refund of the unearned fee shall be made. If the expiration date so fixed would upon first occurrence lengthen the period for which license fee had theretofore been paid, the commissioner shall charge no additional fee for the lengthened period. If another date is not so fixed by the commissioner, each license shall, unless continued as herein above provided, expire at midnight on May 31 next following the date of issuance, and the commissioner shall renew annually the license of all such licensees who qualify, and make application therefor, and have paid the fees set forth in this article. (b) An adjuster whose license expires may, if application is made within one year of the expiration date, be reissued a license upon payment of twice the renewal fee.(c) The commissioner may waive any renewal requirement for any adjuster who is unable to comply due to military service, long-term medical disability, or other extenuating circumstance.(d) As a condition of the renewal of an adjuster license with the designation of a crop insurance line of authority, the commissioner may require that the licensee demonstrate that he or she has maintained certification of proficiency issued or approved by the United States Department of Agriculture Risk Management Agency.
WV Code § 33-12B-10a (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12B. Adjusters|§33-12B-10a. Reporting of Actions

(a) An adjuster shall report to the commissioner any administrative action taken against the adjuster in another jurisdiction or by another governmental agency in this state within thirty days of the final disposition of the matter, including decertification or other action related to the adjuster's proficiency to adjust multi-peril crop insurance claims. The report shall include a copy of the order, consent to order and any other relevant legal documents.(b) Within thirty days of the initial pretrial hearing date, an adjuster shall report to the commissioner any criminal prosecution of the adjuster in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing and any other relevant legal documents.
WV Code § 33-12B-11a (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12B. Adjusters|§33-12B-11a. Emergency Adjusters and Insurance Emergencies; Definitions; Authorization of Temporary Emergency Adjusters; Applications; Limitations and Authority

[Repealed]
WV Code § 33-12B-12 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12B. Adjusters|§33-12B-12. Rules

The commissioner may propose rules for legislative approval in accordance with the provisions of 29A-3-1 et seq. of this code to implement the provisions of this article.