West Virginia Code § 33-12-4

Exceptions to licensing
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(a) Nothing in this article shall be construed to require an insurer to obtain an insurance
producer license. In this section, the term "insurer" does not include an insurer's officers,
directors, employees, subsidiaries or affiliates.
(b) A license as an insurance producer shall not be required of the following:
(1) An officer, director or employee of an insurer or of an insurance producer: Provided, That
the officer, director or employee does not receive any commission on policies written or sold
to insure risks residing, located or to be performed in this state aund:
(A) The officer, director or employee's activities are executive, administrative, managerial,
clerical or a combination of these, and are only indirectly related to the sale, solicitation or
negotiation of insurance; or a
(B) The officer, director or employee's function relaltes to underwriting, loss control,
inspection or the processing, adjusting, investigating or settling of a claim on a contract of
insurance; or
(C) The officer, director or employee is acting in the capacity of a special agent or agency
supervisor assisting insurance producers where the person's activities are limited to
providing technical advice and assistance to licensed insurance producers and do not
include the sale, solicitation or negotiation of insurance;
(2) A person who secures and furnishes information for the purpose of group life insurance,
group property and casualty insurance, group annuities, group or blanket accident and
health insurance; or for the purpose of enrolling individuals under plans; issuing certificates
under plans oVr otherwise assisting in administering plans; or performs administrative
services related to mass marketed property and casualty insurance; where no commission is
paid to the person for the service;
(3) An employer or association or its officers, directors, employees, or the trustees of an
employee trust plan, to the extent that the employers, officers, employees, director or
trustees are engaged in the administration or operation of a program of employee benefits
for the employer's or association's own employees or the employees of its subsidiaries or
affiliates, which program involves the use of insurance issued by an insurer, as long as the
employers, associations, officers, directors, employees or trustees are not in any manner
compensated, directly or indirectly, by the company issuing the contracts;
(4) Employees of insurers or organizations employed by insurers who are engaging in the
inspection, rating or classification of risks, or in the supervision of the training of insurance
producers and who are not individually engaged in the sale, solicitation or negotiation of
insurance;
(5) A person whose activities in this state are limited to advertising without the intent to
solicit insurance in this state through communications in printed publications or other forms
of electronic mass media whose distribution is not limited to residents of the state: Provided,
That the person does not sell, solicit or negotiate insurance that would insure risks residing,
located or to be performed in this state;
(6) An individual who is not a resident of this state who sells, solicits or negotiates a contract
of insurance for commercial property and casualty risks to an insured with reisks located in
more than one state insured under that contract: Provided, That individual is otherwise
licensed as an insurance producer to sell, solicit or negotiate that insurrance in the state
where the insured maintains its principal place of business and the contract of insurance
insures risks located in that state; or
(7) A salaried full-time employee who counsels or advises hist or her employer relative to the
insurance interests of the employer or of the subsidiaries or business affiliates of the
employer provided that the employee does not sell or solicit insurance or receive a
commission.

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