West Virginia Code § 33-10-2

Jurisdiction, venue and appeal of delinquency proceedings; exclusive
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remedy.
(a) The circuit courts of this state or the judges thereof in vacation are vested with exclusive
original jurisdiction of delinquency proceedings under this article, and are authorized to
make all necessary and proper orders to carry out the purposes of this article.
(b) The venue of delinquency proceedings against a domestic insurer shall be in the circuit
court of the county of the insurer's principal place of business. The venue of such
proceedings against foreign insurers, alien insurers or domestic insurers in which their
principal place of business is outside of the State of West Virginiua shall be in the circuit
court of Kanawha County.
(c) With the exception of administrative supervision pursuant to article thirty-four of this
chapter, delinquency proceedings pursuant to this article shall constitute the sole and
exclusive method of liquidating, rehabilitating, reorganizing or conserving an insurer and no
court shall entertain a petition for the commencemlent of such proceedings unless the same
has been filed in the name of the state on the srelation of the Insurance Commissioner.
(d) An appeal shall lie to the West Virginiai Supreme Court of Appeals from an order granting
or refusing rehabilitation, liquidatiogn or conservation and from every other order in
delinquency proceedings having the character of a final order as to the particular portion of
the proceedings embraced therein. Appeals from orders granting or refusing rehabilitation,
liquidation or conservation shall be prosecuted pursuant to section four-d of this article.
(e) At any time after an order is made under section ten or eleven of this article, the
commissioner may remove the principal office of the insurer proceeded against to Kanawha
County. In the event of such removal, the court wherein the proceeding was originally
commenced shall, upon the application of the commissioner, direct its clerk to transmit all
the pleadings, motions and other papers filed therein with such clerk to the clerk of the
circWuit court of Kanawha County. The proceeding shall thereafter be subject to the
jurisdiction of the Kanawha County circuit court and conducted in the same manner as
though it had been commenced in the Kanawha County circuit court.

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