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WV Code § 33-12B-14 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12B. Adjusters|§33-12B-14. Current Address of Adjusters to Be Filed; Effective Notice of Appearance at Hearing Before Commissioner

(a) Each adjuster shall file with the commissioner the complete address of his principal place of business and the complete address of his residence including the name and number of the street, or if the street where the business is located is not numbered, the number of the post office box. An adjuster shall also file with the commissioner the adjusters electronic mail address. An adjuster licensed on July 1, 2021, shall provide the commissioner with the licensees electronic mail address in connection with the licensees next license renewal application. Within 30 days of a change of business or residence address or electronic mail address by an adjuster, the adjuster must file with the commissioner notice of such change of address. The commissioner shall maintain the information provided pursuant to this subsection for each adjuster on file.(b) When conducting any hearing authorized by 33-2-13 of this code which concerns any adjuster, the commissioner shall give notice of such hearing and the matters to be determined therein to such adjuster by certified mail, return receipt requested, sent to the last address filed by such person or entity pursuant to this section.(c) If an adjuster fails to appear at such hearing, the hearing may proceed, at which time the commissioner shall establish that notice was sent to such person pursuant to this section prior to the entry of any orders adverse to the interests of such adjuster based upon the allegations against such 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 commissioner.(d) An adjuster 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 30 calendar days of the entry of such adverse order, file with the commissioner a written verified appeal with any relevant documents attached thereto, which demonstrates good and reasonable cause for the adjusters 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 adjuster 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.(e) Orders entered pursuant to this section are subject to the judicial review provisions of 33-2-14 of this code.
WV Code § 33-12B-15 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12B. Adjusters|§33-12B-15. Effective Date for 2020 Amendments

The effective date of the amendments made to this article during the 2020 regular legislative session is July 1, 2021.
WV Code § 33-12C-1 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-1. Short Title

This article shall be known and may be cited as "The Nonadmitted Insurance Act".
WV Code § 33-12C-2 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-2. Purpose - Necessity for Regulation

This article shall be liberally construed and applied to promote its underlying purposes which include:(a) Protecting persons seeking insurance in this state;(b) Permitting surplus lines insurance to be placed with reputable and financially sound nonadmitted insurers and exported from this state pursuant to this article;(c) Establishing a system of regulation which will permit orderly access to surplus lines insurance in this state and encourage admitted insurers to provide new and innovative types of insurance available to consumers in this state; (d) Providing a system through which persons may purchase insurance other than surplus lines insurance, from nonadmitted insurers pursuant to this article;(e) Protecting revenues of this state; and(f) Providing a system pursuant to this article which subjects nonadmitted insurance activities in this state to the jurisdiction of the Insurance Commissioner and state and federal courts in suits by or on behalf of the state.
WV Code § 33-12C-6 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-6. Withdrawal of Eligibility as a Surplus Lines Insurer

(a) The commissioner may declare a surplus lines insurer ineligible if the commissioner has reason to believe that:(1) Is in unsound financial condition or has acted in an untrustworthy manner;(2) No longer meets standards set forth in subsection (c) of this section;(3) Has willfully violated the laws of this state; or(4) Does not conduct a proper claims practice;(b) The commissioner shall promptly mail notice of all such declarations to each surplus lines licensee.
WV Code § 33-12C-6a (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-6a. Debris Removal Liens; Noncompliance; Penalties

The commissioner may declare a surplus lines insurer ineligible for committing any violation of the provisions of article ten-e, chapter thirty-eight of this code.
WV Code § 33-12C-8 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-8. Surplus Lines Licenses

(a) No person shall procure a contract of surplus lines insurance with a nonadmitted insurer for an insured whose home state is West Virginia unless the person possesses a current surplus lines insurance license issued by the commissioner.(b) The commissioner may issue a surplus lines license to a qualified holder of a current property and casualty individual insurance producer's license but only when the individual insurance producer has:(1) Remitted the $200 annual fee to the commissioner, of which all fees so collected are to be used for the purposes set forth in section thirteen, article three of this chapter;(2) Submitted a completed license application on a form supplied by the commissioner;(3) Passed a qualifying examination approved by the commissioner, except that all holders of a license prior to the effective date of this article shall be deemed to have passed such an examination; and(4) If a resident, established and continues to maintain an office in this state.(c) If the commissioner determines that a surplus lines licensee of another state is competent, trustworthy and meets the licensing requirements of this state, the commissioner may, in his or her discretion, issue a nonresident surplus lines license. A license shall not be issued unless the prospective licensee furnishes the commissioner with the name and address of a resident of this state upon whom notices or orders of the commissioner or process affecting the nonresident surplus lines licensee may be served. The licensee shall promptly notify the commissioner in writing of every change in its designated agent for service of process, and the change shall not become effective until acknowledged by the commissioner.(d) Each surplus lines license shall expire at midnight on May 31 next following the date of issuance, and an application for renewal shall be filed before May 1 of each year upon payment of the annual fee and compliance with other provisions of this article. A surplus lines licensee who fails to apply for renewal of the license before May 1 shall pay a penalty of $100 and be subject to penalties provided by law before the license will be renewed.
WV Code § 33-12C-9 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-9. Suspension, Revocation or Nonrenewal of Surplus Lines Licensee's License

(a) The commissioner may examine and investigate the business affairs of every individual applying for or holding a surplus lines insurance license to determine whether such individual has been or is engaged in unfair or deceptive practices in any state.(b) The commissioner may place on probation, suspend, revoke or refuse to issue or renew the license of a surplus lines licensee or may levy a civil penalty in a sum not to exceed $5,000 or any combination of actions after notice and hearing pursuant to section thirteen, article two of this chapter upon one or more of the following grounds:(1) Removal of the resident surplus lines licensee's office from this state;(2) Removal of the resident surplus lines licensee's office accounts and records from this state during the period during which the accounts and records are required to be maintained under section sixteen of this article;(3) Closing of the surplus lines licensee's office for a period of more than thirty business days, unless permission is granted by the commissioner;(4) Failure to make and file required reports;(5) Failure to transmit required tax on surplus lines premiums to this state or a reciprocal state to which a tax is owing;(6) Violation of any provision of this article; or(7) For any cause for which an insurance license could be denied, revoked, suspended or renewal refused pursuant to section twenty-four, article twelve of this chapter.
WV Code § 33-12C-10 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-10. Actions Against Eligible Surplus Lines Insurers Transacting Surplus Lines Business

(a) An eligible surplus lines insurer may be sued upon a cause of action arising in this state under a surplus lines insurance contract made by it or evidence of insurance issued or delivered by the surplus lines licensee. A policy issued by the eligible surplus lines insurer shall contain a provision stating the substance of this section and designating the person to whom the commissioner shall mail process.(b) The remedies provided in this section are in addition to any other methods provided by law for service of process upon insurers.
WV Code § 33-12C-11 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-11. Duty to File Evidence of Insurance and Affidavits

(a) On or before March 1, 2004, and on or before March 1 thereafter, each surplus lines licensee shall file, on a form prescribed by the commissioner, a report under oath, setting forth facts from which it may be determined whether the requirements of section five of this article have been met with respect to each surplus line policy procured by the surplus lines licensee during the preceding calendar year. (b) The written report shall include, but not be limited to, the following:(1) The name and address of the insured;(2) The identity of the insurer or insurers;(3) A description of the subject and location of the risk and the risk insured against;(4) Return premium paid, if any;(5) The amount of gross premium charged for the insurance;(6) The amount of the insurance;(7) Such other pertinent information as the commissioner may reasonably require; and(8) An affidavit on a standardized form promulgated by the commissioner, as to the diligent efforts to place the coverage with admitted insurers and the results of that effort. The affidavit shall be open to public inspection. The affidavit shall affirm that the insured was expressly advised in writing prior to placement of the insurance that:(A) The surplus lines insurer with whom the insurance was to be placed is not licensed in this state and is not subject to its supervision; and(B) In the event of the insolvency of the surplus lines insurer, losses will not be paid by the state insurance guaranty fund.
WV Code § 33-12C-13 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-13. Licensee's Duty to Notify Insured

(a) No contract of insurance placed by a surplus lines licensee under this article shall be binding upon the insured and no premium or fee charged shall be due and payable until the surplus lines licensee shall have notified the insured in writing, in a form acceptable to the commissioner, a copy of which shall be maintained by the licensee with the records of the contract and available for possible examination, that:(1) The insurer with which the licensee places the insurance is not licensed by this state and is not subject to its supervision; and(2) In the event of the insolvency of the surplus lines insurer, losses will not be paid by the state insurance guaranty fund.(b) Nothing herein contained shall nullify any agreement by any insurer to provide insurance.
WV Code § 33-12C-14 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-14. Effect of Payment to Surplus Lines Licensee

A payment of premium to a surplus lines licensee acting for a person other than itself in procuring, continuing or renewing any policy of insurance procured under this section shall be deemed to be payment to the insurer, whatever conditions or stipulations may be inserted in the policy or contract notwithstanding.
WV Code § 33-12C-15 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-15. Surplus Lines Licensees May Accept Business From Other Producers

A surplus lines licensee may originate surplus lines insurance or accept such insurance from any other individual insurance producer duly licensed as to the kinds of insurance involved, and the surplus lines licensee may compensate the individual insurance producer for the business. The surplus lines licensee shall have the right to receive from the insurer the customary commission.
WV Code § 33-12C-16 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-16. Records of Surplus Lines Licensee

(a) Each surplus lines licensee shall keep in this state a full and true record of each surplus lines insurance contract placed by or through the licensee, including a copy of the policy, certificate, cover note or other evidence of insurance showing each of the following items applicable:(1) Amount of the insurance, risks and perils insured;(2) Brief description of the property insured and its location;(3) Gross premium charged;(4) Any return premium paid;(5) Rate of premium charged upon the several items of property;(6) Effective date and terms of the contract;(7) Name and address of the insured;(8) Name and address of the insurer;(9) Amount of tax and other sums to be collected from the insured;(10) Allocation of taxes by state as referred to in subsection (f) of this section; and (11) Identity of the producing broker, any confirming correspondence from the insurer or its representative, and the application.(b) The record of each contract shall be kept open at all reasonable times to examination by the commissioner without notice for a period not less than ten years following termination of the contract. In lieu of maintaining offices in this state, each nonresident surplus lines licensee shall make available to the commissioner any and all records that the commissioner deems necessary for examination.
WV Code § 33-12C-17 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-17. Reports - Summary of Exported Business

(a) On or before May 1, 2004, and on or before May 1 thereafter, the end of the month following each year, each surplus lines licensee shall file with the commissioner, on forms prescribed by the commissioner, a verified report in duplicate of all surplus lines insurance transacted during the preceding period;(b) The report shall show the following:(1) Aggregate gross premiums written;(2) Aggregate return premiums;(3) Amount of aggregate tax remitted to this state; and(4) Amount of aggregate tax due or remitted to each other state for which an allocation is made pursuant to section seven of this article.
WV Code § 33-12C-18 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-18. Penalties

(a) A person who in this state represents or aids a nonadmitted insurer in violation of this article is guilty of a misdemeanor and, upon conviction thereof, may be fined not more than $10,000 per each act or sentenced to not less than ten days nor more than one year, or both fined and imprisoned. (b) In addition to any other penalty provided herein or otherwise provided by law, including any suspension, revocation or refusal to renew a license, any person, firm, association or corporation violating any provision of this article shall be liable to a civil penalty not exceeding $10,000 for the first offense, and not exceeding $20,000 for each succeeding offense.(c) The above penalties are not exclusive remedies. Penalties may also be assessed under article eleven of this chapter.
WV Code § 33-12C-19 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-19. Violations

Whenever the commissioner believes, from evidence satisfactory to him or her, that a person is violating or about to violate the provisions of this article, the commissioner may cause a complaint to be filed in the circuit court of Kanawha County for restitution and to enjoin and restrain the person from continuing the violation or engaging in or doing any act in furtherance thereof. The court shall have jurisdiction of the proceeding and shall have the power to make and enter an order of judgment awarding such preliminary or final injunctive relief and restitution as in its judgment is proper.
WV Code § 33-12C-21 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-21. Legal or Administrative Procedures

(a) Before any nonadmitted insurer files or causes to be filed any pleading in any court action, suit or proceeding or in any notice, order, pleading or process in an administrative proceeding before the commissioner instituted against the person or insurer, by services made as provided in this article, the insurer shall either:(1) File with the clerk of the court in which the action, suit or proceeding is pending, or with the commissioner of insurance in administrative proceedings before the commissioner a bond with good and sufficient sureties, to be approved by the clerk or commissioner in an amount to be fixed by the court or commissioner sufficient to secure the payment of any final judgment which may be rendered in the action or administrative proceeding; or(2) Procure a certificate of authority to transact the business of insurance in this state. In considering the application of an insurer for a certificate of authority, for the purposes of this paragraph the commissioner need not assert the provisions of section sixteen, article three of this chapter against the insurer with respect to its application if the commissioner determines that the company would otherwise comply with the requirements for a certificate of authority.(b) The commissioner of insurance, in any administrative proceeding in which service is made as provided in this article, may in the commissioner's discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (a) of this section and to defend the action.(c) Nothing in subsection (a) of this section shall be construed to prevent a nonadmitted insurer from filing a motion to quash a writ or to set aside service thereof made in the manner provided in this article, on the ground that the nonadmitted insurer has not done any of the acts enumerated in the pleadings.(d) Nothing in subsection (a) of this section shall apply to placements of insurance which were lawful in the state in which the placement took place and which were not unlawful placements under the laws of this state. Without limiting the generality of the foregoing, nothing in subsection (a) of this section shall apply to a placement made pursuant to section five of this article.
WV Code § 33-12C-23 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-23. Suits by Nonadmitted Insurers

A nonadmitted insurer may not commence or maintain an action in law or equity, including arbitration or any other dispute resolution mechanism, in this state to enforce any right arising out of any insurance transaction except with respect to:(a) Claims under policies lawfully written in this state;(b) Liquidation of assets and liabilities of the insurer (other than collection of new premium), resulting from its former authorized operations in this state;(c) Transactions subsequent to issuance of a policy not covering domestic risks at the time of issuance, and lawfully procured under the laws of the jurisdiction where the transaction took place;(d) Surplus lines insurance placed by a licensee under authority of section eight of this article;(e) Reinsurance placed under the authority of article thirty-eight of this chapter;(f) The continuation and servicing of life insurance, health insurance policies or annuity contracts remaining in force as to residents of this state where the formerly authorized insurer has withdrawn from the state and is not transacting new insurance in the state;(g) Servicing of policies written by an admitted insurer in a state to which the insured has moved but in which the company does not have a certificate of authority until the term expires; (h) Claims under policies covering wet marine and transportation insurance;(i) Placements of insurance which were lawful in the jurisdiction in which the transaction took place and which were not unlawful placements under the laws of this state.
WV Code § 33-12C-24 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-24. Countersignature Requirements

Surplus lines insurance shall be countersigned by a duly licensed resident surplus lines licensee: Provided, That the countersignature requirements imposed by this section shall no longer be required for any surplus line of insurance executed, issued or delivered after December 31, 2004.
WV Code § 33-12C-25 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-25. Fees

The commissioner shall receive the following fees from surplus lines licensees: For letters of certification, $5; for letters of clearance, $10; for duplicate license, $5. All fees and moneys so collected shall be used for the purposes set forth in section thirteen, article three of this chapter.
WV Code § 33-12C-26 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-26. Coverage Must Be Placed in Solvent Insurer

No surplus lines licensee may knowingly place any coverage in an insolvent insurer.
WV Code § 33-12C-27 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-27. Change of Address

A surplus lines licensee shall notify the commissioner of any change in his or her mailing address within thirty days of such change. The commissioner shall maintain the mailing address of each surplus lines licensee on file. Failure to timely inform the Insurance Commissioner of a change in legal name or address may result in a penalty pursuant to section twenty-four, article twelve of this chapter.
WV Code § 33-12C-28 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 12C. Surplus Line|§33-12C-28. Separability Provisions

If any provisions of this article, or the application of the provision to any person or circumstance, shall be held invalid, the remainder of the article and the application of the provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.