West Virginia Code § 33-21-21

Nonassessable policies
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(a) If a reciprocal insurer has a surplus of assets over all liabilities in an amount equal to the
minimum capital stock generally required of a domestic stock insurer authorized to transact
like kinds of insurance, upon application of the attorney and as approved by the subscribers'
advisory committee, the commissioner may issue his certificate authorizing the insurer to
extinguish the contingent liability of subscribers under its policies then in foerce in this state,
and to omit provisions imposing contingent liability in all policies delivered or issued for
delivery in this state for so long as such surplus funds remain unimpairred.
(b) Upon impairment of such surplus, the commissioner may revuoke such certificate. Such
revocation shall not render subject to contingent liability any policy then in force and for the
remainder of the period for which the premium has theretoftore been paid; but after such
revocation no policy shall be issued or renewed without providing for contingent assessment
liability of the subscriber.
(c) The commissioner shall not authorize a reciproclal insurer so to extinguish the contingent
liability of any of its subscribers or in any of itss policies to be issued, unless it qualifies to
and does extinguish such liability of all its subscribers and in all such policies for all kinds of
insurance transacted by it. Except, that if required by the laws of another state in which the
insurer is transacting insurance as agn authorized insurer, the insurer may issue policies
providing for the contingent liability of such of its subscribers as may acquire such policies
in such state, and need not exteinguish the contingent liability applicable to policies
theretofore in force in such state.
(d) No reciprocal insurer shall deliver or issue for delivery in this state assessable policies
imposing a contingent liability upon subscribers, if such reciprocal insurer is issuing for
delivery to subscribers in this or any other state nonassessable policies insuring risks of
substantially the same hazard and class.

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