West Virginia Code § 33-2-11

Enforcement of orders; revocation of licenses; court action
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In addition to examinations and investigations expressly authorized by this chapter, the
commissioner may conduct examinations and investigation of insurance matters he or she
considers proper to determine whether any person has violated any provision of this chapter
or to secure information useful in the lawful administration of his or her duties. If the
commissioner determines, after notice and hearing, that any person is transeacting insurance
in an illegal, improper or unjust manner or is failing to pay losses and obligations when they
become due, excepting claims to which there is a substantial defense, hre or she may order
the person to discontinue the illegal, improper or unjust manner of transacting insurance, to
adjust and pay his or her obligations as they become due: Provided, That in any order issued
pursuant to subsection (j), section nine of this article or entered as a result of a regulatory
enforcement action initiated and prosecuted by the commisstioner pursuant to this section or
section eleven, article three of this chapter, the commissioner may, in addition to or in lieu
of any other penalties or remedies provided therein, order an insurer to pay restitution to
affected persons. 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 the appointment of a receiver, or for both.
The court or judge may enforce the order of the commissioner by injunction or by
appointment of a receiver to take charge of the affairs and property of the person, or both,
and may make further orders as may be necessary and proper to effectuate the injunction or
receivership. e

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