West Virginia Insurance Commissioner

What this document is

West Virginia Insurance Commissioner - Powers, Hearings and Penalties - W. Va. Code Chapter 33, Article 2 is a state statute published by West Virginia Legislature (code.wvlegislature.gov). It is one of the West Virginia documents that insurance license exam questions are written from, including west virginia property & casualty, west virginia personal lines practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• W. Va. Code § 33-2-1 (Office continued; appointment, qualifications and term)

  “Before taking the oath of office the commissioner shall sever all connections either direct or indirect with any and all insurers subject to his supervision and with any person representing any such insurer, except as a policyholder or claimant.”

• W. Va. Code § 33-2-3a(a) (Administrative investigations)

  “the commissioner has the authority to conduct investigations whenever he or she has cause to believe that a violation of any provision of this chapter or of chapter twenty-three of this code has been or is being committed.”

• W. Va. Code § 33-2-4(a) (Authority to take depositions, subpoena witnesses, etc.)

  “the commissioner or any officer designated by him or her may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondences, memoranda, agreements or other documents or records which the commissioner...”

• W. Va. Code § 33-2-9(c) (Examination of insurers; frequency for domestic insurers)

  “The commissioner or his or her examiners shall at least once every five years visit each domestic insurer and thoroughly examine its financial condition and methods of doing business and ascertain whether it has complied with all the laws and regulations of this state.”

• W. Va. Code § 33-2-9(g) (Examination of insurers, agents, brokers and solicitors; access to books, records, etc.)

  “The commissioner may revoke the license of any agent, broker, excess lines broker or solicitor who refuses to submit to the examination.”

• W. Va. Code § 33-2-13 (Hearings; time to hold a demanded hearing)

  “such hearing shall be held within forty-five days of receipt by the commissioner of written demand therefor, unless postponed to a later date by mutual agreement.”

• W. Va. Code § 33-2-14 (Judicial review)

  “Any person aggrieved by any such order may, within thirty days after the order has been mailed or delivered to the persons entitled to receive the same, or within thirty days after an order denying rehearing has been so mailed or delivered, appeal to the circuit court of Kanawha county, or the...”

• W. Va. Code § 33-2-11 (Enforcement of orders; revocation of licenses; court action)

  “If a person fails or refuses within twenty days after notice to obey the order, the commissioner may revoke any license issued by the commissioner and held by the person. In addition, the commissioner may apply to the circuit court, or the judge in vacation, having jurisdiction for an injunction or...”

• W. Va. Code § 33-2-5 (Witness fees)

  “No person shall be excused from attending and testifying in obedience to a subpoena issued hereunder on the ground of failure of tender or payment of a witness fee or mileage fee unless the witness makes demand for such payment as a condition precedent to the giving of testimony or the production...”

• W. Va. Code § 33-2-9(i)(2) (Examination of insurers, agents, brokers and solicitors)

  “No later than sixty days following completion of the examination the examiner in charge shall file with the commissioner a verified written report of examination under oath. Upon receipt of the verified report, the commissioner shall transmit the report to the company examined, together with a...”

• W. Va. Code § 33-2-9(o) (Examination of insurers, agents, brokers and solicitors)

  “All property and casualty insurers subject to the provisions of this section shall annually pay to the commissioner on or before July 1, 1991, and every July 1 thereafter an examination assessment fee of up to $5,000.”

• W. Va. Code § 33-2-10a (Insurance emergencies; suspension of deadlines)

  “Upon finding that an insurance emergency has occurred, the commissioner, by order, may suspend any deadlines established by rule that apply to actions taken in the course of evaluating or settling claims and, may establish new deadlines in place of those that have been suspended. For purposes of...”

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