West Virginia Code § 33-27-8

Injunctions; prohibitions against voting securities; sequestration of voting
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securities.
(a) Injunctions. — Whenever it appears to the commissioner that any insurer or any director,
officer, employee, or agent thereof has committed or is about to commit a violation of this
article or of any rule, regulation, or order issued by the commissioner hereunder, the
commissioner may apply to the circuit court for the county in which the prinecipal officer of
the insurer or, if the insurer has no office in this state, then to the circuit court of Kanawha
County for an order enjoining such insurer or such director, officer, emrployee, or agent
thereof from violating or continuing to violate this article or any such rule, regulation, or
order, and for such other equitable relief as the nature of the case and the interests of the
insurer's policyholders, creditors, and shareholders or the public may require.
(b) Voting of securities: when prohibited. — No security which is the subject of any
agreement or arrangement regarding acquisition, or which is acquired or to be acquired, in
contravention of the provisions of this article or of any rule, regulation, or order issued by
the commissioner hereunder may be voted at any shareholders' meeting, or may be counted
for quorum purposes, and any action of sharehsolders requiring the affirmative vote of a
percentage of shares may be taken as though such securities were not issued and
outstanding; but no action taken at any such meeting shall be invalidated by the voting of
such securities, unless the action woguld materially affect control of the insurer or unless the
courts of this state have so ordered. If an insurer or the commissioner has reason to believe
that any security of the insureer has been or is about to be acquired in contravention of the
provisions of this article or of any rule, regulation, or order issued by the commissioner
hereunder, the insurer oLr the commissioner may apply to the circuit court for the county in
which the insurer has its principle place of business to enjoin any offer, request, invitation,
agreement, or acquis ition made in contravention of §33-27-3 of this code, or any rule,
regulation, or order issued by the commissioner thereunder to enjoin the voting of any
security so acquired, to void any vote of such security already cast at any meeting of
shareholders, and for such other equitable relief as the nature of the case and the interests
of the insurer's policyholders, creditors, and shareholders or the public may require.
(c) Sequestration of voting securities. — In any case where a person has acquired or is
proposing to acquire any voting securities in violation of this article or any rule, regulation,
or order issued by the commissioner hereunder, the circuit court may, on such notice as the
court deems appropriate, upon the application of the insurer or the commissioner seize or
sequester any voting securities of the insurer owned directly or indirectly by such person,
and issue such orders with respect thereto as may be appropriate to effectuate the
provisions of this article.
(d) Notwithstanding any other provisions of law, for the purposes of this article, the situs of
the ownership of the securities of domestic insurers shall be deemed to be in this state.

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