reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-17 - Medicare Supplement Insurance Coverage › Section 114-17-9 - Duplication of Insurance

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Question in
				application. -- All applications involved in the sale of any Medicare Supplement or
				Limited Benefit Medical Supplement policy or contract shall include a question
				designed to elicit information regarding the existence of any accident and/or health
				insurance then in force on any proposed insured, and shall include a statement, to
				be dated and signed by the proposed insured, indicating whether any accident and/or
				health insurance is presently in force, the type and amount of coverage, the name of
				any insurer which issued such coverage and, where possible, the policy or contract
				number.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-17 - Medicare Supplement Insurance Coverage › Section 114-17-11 - Penalties for Violation

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Penalties. --
				Any person who fails to comply with any provision of this regulation or who commits
				any act which is determined to be in violation of any provision of this regulation
				shall, after Notice and Hearing, be subject to suspension and revocation of any
				license issued to it by the Insurance Commissioner, or shall forfeit a fine for each
				such act, or both.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-18 - Reg Relating To Supplemental Insurance Coverage For Continum Of Care Services For Elderly, Disabled And Terminally Ill › Section 114-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.01. Scope - This
				legislative rule establishes standards for supplemental insurance coverage for
				continuum of care services for elderly, disabled and terminally ill citizens of the
				State of West Virginia.
1.02. Authority
				- This legislative rule was promulgated under the authority of Chapter 16, Article
				5D, Sections 9 and 10 and Chapter 33, Article 2, Section 10 of the Code of West
				Virginia of 1931, as amended.
1.03.
				Filing Date - This legislative rule, was promulgated on the _____- day of _______,
				19___, and was filed on the ______ day of _______f 19___, in the Office of the
				Secretary of State.
1.04. -Effective
				Date - This legislative rule becomes effective on the _______ day of ._____,
				19___.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-18 - Reg Relating To Supplemental Insurance Coverage For Continum Of Care Services For Elderly, Disabled And Terminally Ill › Section 114-18-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
2.01. Policies,
				Contracts and Certificates Included -Except as provided in Section 2.02, this
				regulation shall apply to all insurance policies, contracts or certificates
				delivered or issued for delivery in West Virginia pursuant to the pro-visions of
				Chapter 33, Articles 15, 16, 16A, 23, 24, 25 and 25A of the Code of West Virginia of
				1931, as amended.
2.02 Policies,
				Contracts and Certificates Excluded -This regulation shall not apply to any
				insurance policy, contract or certificate which provides coverage solely for
				disability loss of income, dental services,"optical services or short term travel
				accident protection.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-18 - Reg Relating To Supplemental Insurance Coverage For Continum Of Care Services For Elderly, Disabled And Terminally Ill › Section 114-18-4 - Approval of.Forms

Current through Register Vol. XLI, No. 28, July 12, 2024
4.01. Approval of
				Forms - No rider, endorsement or other form to"be attached to any insurance policy,
				contract or certificate to provide benefits for continuum of care services shall be
				delivered or issued for delivery in West Virginia unless it has been filed with and
				approved by the Insurance Commissioner of the State of West Virginia pursuant to the
				provisions of Chapter 33, Article 6, Section 8 of the Code of West Virginia of 1931,
				as amended, Section 5, Loss Ratio Standards
5.01. Aggregate Benefits - Supplemental insurance
				coverages for continuum of care services shall be expected to return to
				policyholders, subscribers or certificateholders in the form of aggregate benefits,
				on the basis of incurred claims experience , and earned premiums:
(A) In the case of individual insurance policies,
				contracts or certificates, at least sixty percent (60%) of the aggregate amount of
				premium collected; and,
(B) In the case
				of group insurance policies, contracts or certificates, at least seventy-five
				percent (75%) of the aggregate amount of premiums collected.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-18 - Reg Relating To Supplemental Insurance Coverage For Continum Of Care Services For Elderly, Disabled And Terminally Ill › Section 114-18-5 - Loss Ratio Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
5.01.
				Aggregate Benefits - Supplemental insurance coverages for continuum of care services
				shall be expected to return to policyholders, subscribers or certificateholders in
				the form of aggregate benefits, on the basis of incurred claims experience , and
				earned premiums:
(A) In the case of individual
				insurance policies, contracts or certificates, at least sixty percent (60%) of the
				aggregate amount of premium collected; and,
(B) In the case of group insurance policies,
				contracts or certificates, at least seventy-five percent (75%) of the aggregate
				amount of premiums collected.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-18 - Reg Relating To Supplemental Insurance Coverage For Continum Of Care Services For Elderly, Disabled And Terminally Ill › Section 114-18-6 - Separability

Current through Register Vol. XLI, No. 28, July 12, 2024
6.01. Partial Invalidity
				- If any provision of this regu- lation is held invalid, the remainder of the
				regulation shall not be affected thereby.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-18 - Reg Relating To Supplemental Insurance Coverage For Continum Of Care Services For Elderly, Disabled And Terminally Ill › Section 114-18-7 - Prior Regulation

Current through Register Vol. XLI, No. 28, July 12, 2024
7,01, Superceded - This regulation supercedes and replaces the
				  Emergency Legislative Rule of the same Series Number (XVIII) which became effective
				  on May 10, 1983.
Click Here To
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West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-20 - Surplus Lines Insurance › Section 114-20-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes certain requirements for the licensing and regulation
				of surplus lines licensees, regulates access to the surplus lines market, prescribes
				procedures for the placement of insurance with surplus lines insurers and provides
				for the collection and allocation of premium taxes. This rule is largely based on
				the National Association of Insurance Commissioners' (NAIC) "Nonadmitted Insurance
				Model Act (Model 870)", as amended in 2002, and on the NRRA to the extent it has
				been incorporated in W. Va. Code §
									33-12C-1
et
				seq
.
1.2. Authority. -- W. Va.
				Code §
									33-2-10.
1.3. Filing Date. -- April 20, 2012.
1.4. Effective Date. -- April 20, 2012.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-20 - Surplus Lines Insurance › Section 114-20-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Admitted insurer"
				means an insurer licensed to do an insurance business in this state.
2.2. "Affiliate" means, with respect to an
				insured, any entity that controls, is controlled by, or is under common control with
				the insured. An entity has control over another entity if it directly or indirectly
				or acting through one or more persons owns, controls, or has the power to vote 25%
				or more of any class of voting securities of the other entity, or the entity
				controls in any manner the election of a majority of the directors or trustees of
				the other entity.
2.3. "Affiliated
				Group" means any group of entities that are all affiliated.
2.4. "Business entity" means a corporation,
				association, partnership, limited liability company, or other legal
				entity.
2.5. "Capital," as used in the
				financial requirements of W. Va. Code §
									33-12C-5,
				means funds paid in for stock or other evidence of ownership.
2.6. "Clearinghouse" means the entity established
				pursuant to NIMA to facilitate the receipt and distribution of premium taxes and
				transaction data related to nonadmitted insurance.
2.7. "Commissioner" means the West Virginia
				Insurance Commissioner.
2.8. "Eligible
				surplus lines insurer" means a nonadmitted insurer with which a surplus lines
				licensee may place surplus lines insurance.
2.9. "Evidence of Insurance" means written or
				printed statements evidencing the applicability and effectiveness of insurance
				coverages, including, but not limited to, policy forms, certificates, cover notes,
				binders and other traditionally acceptable evidences of insurance.
2.10. "Exempt commercial purchaser" means any
				person purchasing commercial insurance that, at the time of placement, employs or
				retains a qualified risk manager to negotiate insurance coverage, has paid aggregate
				nationwide commercial property and casualty insurance premiums in excess of $100,000
				in the immediately preceding twelve months, and meets at least one of the following
				criteria:
2.10.a. Has net worth in excess of $20
				million;
2.10.b. Generates annual
				revenues in excess of $50 million;
2.10.c. Employs more than 500 full-time or
				full-time equivalent employees per individual insured or is a member of an
				affiliated group employing more than 1000 employees in the aggregate;
2.10.d. Is a not-for-profit organization or public
				entity generating annual budgeted expenditures of at least $30 million; or
2.10.e. Is a municipality with a population in
				excess of 50,000 persons:
Provided
, that on January 1, 2015 and
				every five years thereafter, the amounts in subdivisions a, b and d of this
				subsection shall be adjusted to reflect the percentage change for such five-year
				period in the Consumer Price Index for All Urban Consumers published by the Bureau
				of Labor Statistics of the federal Department of Labor.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-20 - Surplus Lines Insurance › Section 114-20-3 - Licensing of a Surplus Lines Licensee; Revocation, Suspension or Refusal to Renew License and Penalty in Lieu Thereof

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Licensing requirements. -- Any applicant for a surplus lines licensee's license
				issued or renewed under the provisions of W. Va. Code §
									33-12C-8:
3.1.a. Shall be a duly licensed individual
				insurance producer holding a current and valid license for the type(s) of insurance
				which the applicant expects and intends to export to the surplus lines
				market;
3.1.b. Shall have held for at
				least three (3) consecutive years immediately preceding the date of application a
				valid individual insurance producer's license for the type(s) of insurance the
				applicant expects and intends to export to the surplus lines market, and shall have
				held a valid West Virginia resident or nonresident individual insurance producer's
				license for such type(s) of insurance for at least one (1) of those three (3) years,
				or hold a valid excess or surplus line broker license issued by another state. The
				commissioner, in his or her discretion, may waive this requirement if the applicant
				otherwise demonstrates the necessary trustworthiness and competence by education,
				experience or other relevant factors;
3.1.c. Shall satisfactorily complete an
				examination administered by the office of the commissioner or its designated agent
				or hold a valid excess line broker or surplus lines license issued by another
				state.
3.1.d. Shall pay the required
				license fee as established by the provisions of W. Va. Code §
										33-12C-8;
3.1.e. Shall be considered trustworthy for the
				purpose of conducting insurance business as a surplus lines licensee, as required by
				the provisions of W. Va. Code §
										33-12C-8;
				and
3.1.f. Shall satisfy any other
				criteria reasonably established by the commissioner.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-20 - Surplus Lines Insurance › Section 114-20-4 - Placement of Surplus Lines Coverages

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Diligent Search -- Except as provided in section 4A of this rule, insurance coverage
				written by a surplus lines insurer and placed by a surplus lines licensee for an
				insured whose home state is West Virginia may not be procured until a diligent
				search has been made by the individual insurance producer to place the risk with an
				admitted insurer. The surplus lines licensee shall submit to the commissioner a
				sworn notarized affidavit that a diligent search has been made by the individual
				insurance producer to place the risk with licensed insurers authorized to write and
				actually writing the particular risk sought to be placed in the excess lines market.
				This affidavit shall be maintained, as required by W. Va. Code §
									33-12C-16,
				as part of the full and true record of each surplus lines contract
				procured.
4.2. The following minimum
				requirements and conditions apply to the conduct of a diligent search to place a
				risk with licensed insurers:
4.2.a. The individual
				insurance producer shall execute and forward to the licensed surplus lines licensee
				a written statement, in a form prescribed by the commissioner, declaring that a
				diligent effort to procure the desired coverage from admitted insurers was made. The
				form shall contain an affidavit that the individual insurance producer complied with
				the due diligence requirements of this rule. The affidavit shall affirm that the
				insured was expressly advised prior to the placement of the insurance that:
4.2.a.1. The surplus lines insurer with which the
				insurance is to be placed is not an admitted authorized insurer in this state and is
				not subject to the commissioner's supervision; and,
4.2.a.2. In the event the surplus lines insurance
				becomes insolvent, claims will not be paid nor will unearned premiums be returned by
				any West Virginia insurance guaranty fund.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-20 - Surplus Lines Insurance › Section 114-20-4A - Exempt Commercial Purchasers

Current through Register Vol. XLI, No. 28, July 12, 2024
4A.1. A licensee is
				not required to perform a diligent search in accordance with section 4 of this rule
				when seeking to procure or place nonadmitted insurance for an exempt commercial
				purchaser whose home state is West Virginia if the prospective purchaser has signed
				a document prior to the placement of such insurance that provides that the licensee
				has disclosed that such insurance may or may not be available from an admitted
				insurer that might provide greater protection and more regulatory oversight and that
				the purchaser has nonetheless requested that the licensee procure or place with a
				nonadmitted carrier.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-20 - Surplus Lines Insurance › Section 114-20-5 - Surplus Lines Premium Tax Annual Return and Report by Surplus Lines Licensee

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If NIMA is
				executed, on and after the date on which NIMA is made effective in this state, each
				surplus lines licensee with respect to those policies where West Virginia is the
				home state and for which the payment of premium taxes is due shall:
5.1.a. Forward such payments and related
				information as required by NIMA to the Clearinghouse for deposit in the
				Clearinghouse account and shall send any additional information to the Commissioner
				as may be required by him or her as set forth on the agency website.
5.1.b. Make a quarterly tax filing on or before
				February 15 for the quarter ending the preceding December 31, May 15 for the quarter
				ending the preceding March 31, August 15 for the quarter ending the preceding June
				30, and November 15 for the quarter ending the preceding September 30; and
5.1.c. Pay such fees as may be established by the
				Clearinghouse.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-20 - Surplus Lines Insurance › Section 114-20-6 - Allocation of Premium Tax on Multi-State Risks

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If NIMA is executed, the method of tax
				allocation for multi-state risks shall be that set forth in Annex A and Annex B of
				NIMA.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-20 - Surplus Lines Insurance › Section 114-20-7 - Export List

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Commissioner may
				maintain export list. -- The commissioner may maintain an export list of insurance
				coverages and classes that may be placed with surplus lines insurers for insureds
				whose home state is West Virginia.
7.1.a. The
				commissioner may consider the following in determining the insurance coverages and
				classes to be listed:
7.1.a.1. The current
				marketplace;
7.1.a.2. Information from
				the surplus line licensees;
7.1.a.3.
				Information from admitted and surplus lines insurers doing business in West
				Virginia;
7.1.a.4. Information from
				other sources, including producers and consumers; and
7.1.a.5. Any other information the commissioner
				deems relevant.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-20 - Surplus Lines Insurance › Section 114-20-8 - Conditions For Marketing Insurance With Surplus Lines Insurers

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Producers may not solicit business on behalf
				of a surplus lines insurer. However:
8.1.a.
				Producers may advertise the availability of insurance products for the insurance
				coverages and classes included on the export list to potential insureds and other
				producers.
8.1.b. Surplus lines
				licensees may advertise their services and product lines to other
				producers.
8.1.c. Such advertisements
				shall identify the fact that the insurance will be placed with a surplus lines
				insurer. The advertisements may not identify the insurer by name nor act as a
				solicitation on behalf of any surplus lines insurer. The advertisements may not
				identify specific rates or specific policy provisions.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule sets forth the plan of operation of the West Virginia Essential
				Property Insurance Association.
1.2.
				Authority. -- W. Va. Code §§
									33-20A-3(b)
				and
				3-2-10.
1.3. Filing Date. -- April 13, 2006.
1.4. Effective Date. -- July 1, 2006.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this legislative rule:
2.1. Producer means an individual insurance
				producer licensed by the Commissioner to sell property and casualty insurance in
				West Virginia.
2.2. Association means
				the West Virginia Essential Property insurance Association.
2.3. Board means the Board of Directors of the
				Association.
2.4. Commissioner means the
				West Virginia Insurance Commissioner.
2.5. Eligible applicant means any person having an
				insurable interest in habitational or commercial property eligible for coverage
				under the provisions of this legislative rule and the Association's Plan of
				Organization.
2.6. Extended coverage
				insurance means indemnification against loss caused by the perils of fire,
				lightning, riot, explosion, vehicle, smoke, hail, aircraft, and wind.
2.7. Essential Property Insurance Coverage means
				fire and extended coverage insurance as well as any other kind of insurance that the
				Commissioner finds is required by the public interest but which is not readily
				available in the voluntary insurance market. Such a finding may only be made after a
				public hearing conducted by the Commissioner.
2.8. Insurer means any insurance company
				authorized to write and engage in writing essential property insurance coverage in
				West Virginia.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-3 - Type of Organization

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Nonprofit
				unincorporated organization. The Association shall be a nonprofit unincorporated
				organization.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-4 - Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Board of Directors.
				The Association shall be administered by a Board of Directors under the general
				supervision of the Commissioner.
a. The Board
				shall be appointed by the Commissioner with due consideration given to the
				composition of the membership of the Association and to the interests of the
				insureds who are provided essential property insurance coverage by the
				Association.
b. The Board shall consist
				of not less than five (5) nor more than nine (9) members serving terms of one (1)
				year or until their successors are appointed.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-5 - Management

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Servicing
				facilities. The Board may contract with one or more servicing facilities and/or hire
				its own employee as are necessary to issue and service policies on risks insured by
				the Association.
5.2. Approval by
				Commissioner. Designation of a servicing facility by the Board is subject to
				approval by the Commissioner.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-6 - Commencement and Termination of Operation

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Commencement of operation. The Association shall begin issuing policies of insurance
				for risks found insurable by the Association effective November 1, 1986.
6.2. Termination of operation. The Association
				shall be dissolved at the earliest date when essential property insurance coverage
				becomes readily available in the voluntary market.
a. Dissolution of the Association is subject to
				approval of the Commissioner.
b.
				Dissolution of the Association shall be accomplished under the supervision of the
				Commissioner in an equitable and reasonable manner.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-7 - Rates

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Establishment of
				rates. The Association shall establish appropriate rates, rate classifications and
				rating adjustments in accordance with the provisions of W. Va. Code §
									33-20A-5(b)(6).
7.2. Approval of rates. The Association's rates,
				rate classifications and rating adjustments are subject to approval by the
				Commissioner.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-8 - Policy Forms

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Standard fire
				policy. All policies issued by the Association shall conform with the provisions of
				W. Va. Code §
									33-17-2.
8.2. Total or partial fire loss. The provisions of
				W. Va. Code §
									33-17-9 do
				not apply to policies issued by the Association.
8.3. Policy term. All policies issued by the
				Association shall be for a term of one (1) year.
8.4. Policy form approval. Policies and
				endorsements may be issued on forms approved by the Commissioner.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-9 - Coverage Limits and Types

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Coverage
				limits. Coverage for risks found insurable by the Association shall be provided in
				an amount up to the reasonable insurable value of the property but in no event shall
				coverage provided by the Association exceed the amount of two hundred thousand
				dollars ($200,000) for any one habitational risk or five hundred thousand dollars
				($500,000) for any one commercial risk.
9.2. Coverage types. Coverage issued by the
				Association shall be limited to indemnification against loss caused by the perils of
				fire, lightning, riot, explosion, vehicle, smoke, hail, aircraft and wind.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-10 - Underwriting

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Underwriting
				standards. The Board shall adopt reasonable and equitable underwriting
				standards.
10.2. Approval by
				commissioner. Underwriting standards adopted by the Board are subject to approval by
				the Commissioner.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-11 - Application For Insurance and Policy Issuance

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Method of application. An eligible applicant
				may authorize a producer to make application to the Association for essential
				property insurance coverage. The application shall be accompanied by proof, in such
				form as may be prescribed or approved by the Commissioner, of the applicant's effort
				and inability to obtain essential property insurance in the voluntary
				market.
11.2. Policy issuance. Upon
				approval by the Association of an application for coverage and upon receipt by the
				Association of the premium due, the Association shall issue a policy and a binding
				receipt. The Association may decline to issue a policy and binding receipt when the
				applicant owes premium monies to the Association for previous insurance
				coverage.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-12 - Producer Commissions

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. New and
				renewal business. Producer commission shall be ten percent (10%) of the premium on
				new business and at such level as the Board shall determine on renewal business, not
				to exceed ten percent (10%) of the renewal commission.
12.2. Cancellation of business. Upon cancellation
				of a policy, the producer shall refund commissions on the return premium to the
				Association at the same rate at which such commissions were originally
				paid.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-13 - Inspection of Property

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Inspection of
				property. Upon submission to the Association of a completed application for
				insurance, the property requested to be insured may be physically
				inspected.
13.2. Cost of inspection. Any
				physical inspection shall be made without cost to the eligible applicant.
13.3. Inspection report. A written inspection
				report shall be made for each property inspected and a copy provided to the eligible
				applicant.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-14 - Appeal Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Initial appeal
				to board. Any applicant for insurance, person insured by the Association or member
				insurer aggrieved by any ruling, action or decision of the Association or the
				designated servicing facility may appeal to the Board within fifteen (15) days of
				such ruling, action or decision. The appeal shall be in writing. The Board or an
				Appeals Committee designated by the Board shall hear and determine the appeal within
				fifteen (15) days after the appeal is filed.
14.2. Appeal to commissioner. The determination of
				the Board may be appealed in writing to the commissioner within ten (10) days of
				such determination. The Commissioner shall render a decision concerning the appeal
				within thirty (30) days.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-15 - Premium Taxes

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Premium tax
				liability. The Association shall be liable for premium taxes to the same extent and
				in the same manner as a licensed insurer engaged in writing fire and extended
				coverage insurance in West Virginia.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-16 - Annual Report

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Annual report. The
				Board shall, on or before July 1 of each year, submit to the Commissioner a report
				of the operation of the Association for the previous calendar year.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-21 - WV Essential Property Insurance Association › Section 114-21-17 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Severability. If
				any provision of this legislative rule is held invalid, the remainder of the rule
				shall not be affected thereby.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-22 - Medical Malpractice Annual Reporting Requirements › Section 114-22-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes guidelines and procedures under which every insurer
				providing five percent (5%) or more of the medical malpractice insurance coverage in
				West Virginia shall report to the Insurance Commissioner on an annual basis certain
				specified information concerning such medical malpractice insurance
				coverage.
1.2. Authority. -- W. Va. Code
				'33-20B-6b and '33-2-13
1.3. Filing
				Date. -- April 4, 1988
1.4. Effective
				Date. -- April 4, 1988
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-22 - Medical Malpractice Annual Reporting Requirements › Section 114-22-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this legislative rule:
2.1. Annual financial statement. Shall mean the
				financial statement required to be filed annually with the Commissioner pursuant to
				W. Va. Code '33-3-14
				and '33-4-14.
2.2. Commissioner. Shall
				mean the Insurance Commissioner of the state of West Virginia.
2.3. Insurer. Shall mean any insurance company
				licensed by the Commissioner and authorized to write medical malpractice insurance
				coverage in the state of West Virginia.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-22 - Medical Malpractice Annual Reporting Requirements › Section 114-22-3 - Insurers Subject To Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Insurers subject to annual reporting
				requirements. This rule shall apply to every insurer which provided five percent
				(5%) or more of the medical malpractice insurance coverage in West Virginia during
				the preceding calendar year.
3.2.
				Notification by commissioner. The Commissioner shall annually, on or before May 1,
				notify in writing those insurers which he has determined provided five percent (5%)
				or more of the medical malpractice insurance coverage in West Virginia during the
				preceding calendar year of their obligation to report to the Commissioner the
				information specified in section 5 of this rule.
3.3. Method of determination. The Commissioner's
				determination pursuant to subsection 3.2 shall be based upon a proportionate
				comparison of every insurer's gross direct written malpractice premiums in West
				Virginia during the preceding calendar year as reflected in the insurer's annual
				financial statement for that calendar year.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-22 - Medical Malpractice Annual Reporting Requirements › Section 114-22-4 - Filing Deadline; Failure To Submit Information

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Filing deadline. Insurers shall submit all
				information specified in section 5 of this rule to the Commissioner on or before
				August 1 immediately succeeding notification by the Commissioner pursuant to
				subsection 3.2.
4.2. Failure to submit
				information. Any insurer which fails to timely submit any and all information
				specified in section 5 of this rule to the Commissioner shall be fined ten thousand
				dollars ($10,000.00) for each of the first five (5) such failures per year and shall
				be fined one hundred thousand dollars ($100,000.00) for the sixth (6th) and each
				subsequent such failure per year.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-22 - Medical Malpractice Annual Reporting Requirements › Section 114-22-5 - Information Required To Be Reported

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Information required to be reported. The information required to be reported to the
				Commissioner shall be that specified in the Annual Medical Malpractice Reporting
				Form, attached to and made a part of this rule as Exhibit A.
5.2. Information by individual coverage
				classification. A separate Annual Medical Malpractice Reporting Form must be filed
				for each and every individual coverage classification written by the insurer in West
				Virginia.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-22 - Medical Malpractice Annual Reporting Requirements › Section 114-22-6 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Severability. If
				any provision of this legislative rule is held invalid, the remainder of the rule
				shall not be affected thereby.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-23 - Medical Malpractice Loss Experience And Loss Expense Annual Reporting Requirements › Section 114-23-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes guidelines and procedures under which each insurer
				providing five percent (5%) or more of the medical malpractice insurance coverage in
				West Virginia shall report to the Insurance Commissioner on an annual basis certain
				specified information concerning loss experience and loss expense in regard to such
				medical malpractice insurance coverage.
1.2. Authority. -- W. Va. Code §§
									33-20B-6(a)
				and
				33-2-10.
1.3. Filing Date. -- April 8, 2002.
1.4. Effective Date. -- April 8, 2002.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-23 - Medical Malpractice Loss Experience And Loss Expense Annual Reporting Requirements › Section 114-23-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this legislative rule:
2.1. Annual financial statement. Shall mean the
				financial statement required to be filed annually with the Commissioner pursuant to
				W. Va. Code §§
									33-3-14
				and
				33-4-14.
2.2. Commissioner. Shall mean the Insurance
				Commissioner of the state of West Virginia.
2.3. Insurer. Shall mean the insurance company
				licensed by the Commissioner and authorized to write medical malpractice insurance
				coverage in the state of West Virginia.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-23 - Medical Malpractice Loss Experience And Loss Expense Annual Reporting Requirements › Section 114-23-3 - Insurers Subject To Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Insurers subject to annual reporting
				requirements. This rule shall apply to every insurer which provided five percent
				(5%) or more of the medical malpractice insurance coverage in West Virginia during
				the preceding calendar year.
3.2.
				Notification by Commissioner. The Commissioner shall annually, on or before May 1,
				notify in writing those insurers which he has determined provided five percent (5%)
				or more of the medical malpractice insurance coverage in West Virginia during the
				preceding calendar year of their obligation to report to the Commissioner the
				information specified in section 5 of this rule.
3.3. Method of determination. The Commissioner's
				determination pursuant to subsection 3.2 shall be based upon a comparison of every
				insurer's gross direct written malpractice premiums in West Virginia during the
				preceding calendar year to the total gross direct written malpractice premium in
				West Virginia for that calendar year.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-23 - Medical Malpractice Loss Experience And Loss Expense Annual Reporting Requirements › Section 114-23-4 - Filing Deadline; Failure To Submit Information

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Filing deadline. Insurers shall submit all
				information specified in section 5 of this rule to the Commissioner on or before
				August 1 immediately succeeding notification by the Commissioner pursuant to
				subsection 3.2.
4.2. Failure to submit
				information. Pursuant to W. Va. Code §
									33-20B-6(b),
				any insurer which fails to timely submit any and all information specified in
				section 5 of this rule to the Commissioner shall be fined ten thousand dollars
				($10,000.00) for each of the first five (5) such failures per year and shall be
				fined one hundred thousand dollars ($100,000.00) for the sixth (6th) and each
				subsequent such failure per year.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-23 - Medical Malpractice Loss Experience And Loss Expense Annual Reporting Requirements › Section 114-23-5 - Information Required To Be Reported

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Information required to be reported. The information required to be reported to the
				Commissioner shall be that specified in the Annual Loss Experience and Loss Expense
				Reporting Form, attached to and made a part of this rule as Exhibit A.
5.2. Information by individual coverage
				classifications. A separate Annual Loss Experience and Loss Expense Reporting Form
				must be filed for each and every individual coverage classification written by the
				insurer in West Virginia.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-23 - Medical Malpractice Loss Experience And Loss Expense Annual Reporting Requirements › Section 114-23-6 - Evaluation By Commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Evaluation by Commissioner. The Commissioner shall evaluate the information reported
				pursuant to section 5 of the rule in order to determine whether the filing insurers
				have fairly and accurately determined the loss experience and loss expense data in
				the filing.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-24 - Medicare Supplement Insurance › Section 114-24-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of this rule is to provide for the reasonable standardization of coverage
				and simplification of terms and benefits of Medicare supplement policies; to
				facilitate public understanding and comparison of these policies; to eliminate
				provisions contained in these policies which may be misleading or confusing in
				connection with the purchase of these policies or with the settlement of claims; and
				to provide for full disclosures in the sale of accident and sickness insurance
				coverages to persons eligible for Medicare. This rule is based on the National
				Association of Insurance Commissioners' "Model Regulation to Implement the NAIC
				Medicare Supplement Insurance Minimum Standards Model Act" (Model 651), as amended
				in 2016.
1.2. Authority. -- W. Va. Code
				§§
									33-28-5b,
				33-2-10, and
				33-16-3d.
1.3. Filing Date. -- February 27, 2020.
1.4. Effective Date. -- April 1, 2020.
1.5. Sunset provision. -- This rule shall
				terminate and have no further force or effect upon April 1, 2025.
1.6. Applicability. -- This legislative rule
				amends West Virginia 114CSR24 "Medicare Supplement Insurance" filed April 14, 2010
				and effective on April 14, 2010. Except as otherwise specifically provided, this
				rule shall apply to:
1.6.a. All Medicare
				supplement policies delivered or issued for delivery in this state or which are
				otherwise subject to the jurisdiction of this state on or after the effective date
				hereof; and
1.6.b. All certificates
				issued under group Medicare supplement policies, which certificates have been
				delivered or issued for delivery in this state.
1.6.c. This rule shall not apply to a policy or
				contract of one or more employers or labor organizations, or of the trustees of a
				fund established by one or more employers or labor organizations, or a combination
				thereof, for employees or former employees, or a combination thereof, or for members
				or former members, or a combination thereof, of the labor organizations.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-24 - Medicare Supplement Insurance › Section 114-24-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Applicant" means:
2.1.a. In the case of an individual Medicare
				supplement policy, the person who seeks to contract for insurance benefits,
				and
2.1.b. In the case of a group
				Medicare supplement policy, the proposed certificate holder.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-24 - Medicare Supplement Insurance › Section 114-24-3 - Policy Definitions and Terms

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No policy or
				certificate may be advertised, solicited or issued for delivery in this state as a
				Medicare supplement policy or certificate unless that policy or certificate contains
				definitions or terms which conform to the requirements of this section.
3.2. "Accident," "Accidental Injury," or
				"Accidental Means" shall be defined to employ "result" language and shall not
				include words which establish an accidental means test or use words such as
				"external, violent, visible wounds" or similar words of description or
				characterization.
3.2.a. The definition shall not
				be more restrictive than the following: "Injury or injuries for which benefits are
				provided means accidental bodily injury sustained by the insured person which is the
				direct result of an accident, independent of disease or bodily infirmity or any
				other cause, and occurs while insurance coverage is in force."
3.2.b. The definition may provide that injuries
				shall not include injuries for which benefits are provided or available under any
				workers' compensation, employer's liability or similar law, or motor vehicle
				no-fault plan, unless prohibited by law.