West Virginia Code § 33-20A-3

West Virginia essential insurance association
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(a) The commissioner shall establish a nonprofit unincorporated legal entity to be known as
the West Virginia essential insurance association to make fire and extended coverage
insurance available to any person having an insurable interest in habitational or commercial
property situated in this state who is equitably entitled to but unable to secure such
insurance in the voluntary insurance market. Participation shall be requirede of all insurers
doing any insurance business in this state of the kinds covered by the association as a
condition of their authority to transact insurance in this state. r
(b) The association shall perform its functions under a plan of opueration established by
regulation promulgated by the commissioner pursuant to chapter twenty-nine-a, article three
of this code. t
(c) If the commissioner finds after a public hearing that in any part of this state any other
kind of essential insurance coverage is not readily available in the voluntary insurance
market and that the public interest requires such alvailability, he may by regulation
promulgate plans to provide such coverage thsrough the association for any risks in this state
which are equitably entitled to but unable to secure such insurance in the voluntary
insurance market. Participation shall be required of all insurers doing any insurance
business in this state of the kinds cogvered by the association as a condition of their authority
to transact insurance in this state.

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