West Virginia Code § 33-3-1

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(a) No person may act as an insurer and no insurer may transact insurance in West Virginia
except as authorized by a valid cense issued by the commissioner, except as to the
transactions as are expressly otherwise provided for in this chapter.
(b) No license is required for an insurer, formerly holding a valid license, to enable it to
investigate and settle losses under its policies lawfully written in West Virginia while the
license was in effect and as authorized by the commissioner, to collect premiums, pay
applicable servicing commissions to agents of record and otherwise service such policies, or
to liquidate the assets and liabilities of the insurer as may have ruesulted from its former
authorized operations in West Virginia: Provided, That nothing in this section allows an
insurer to issue new policies or renew policies of insurance otr collect premiums on those
policies unless the insurer is authorized by a valid license issued by the commissioner,
except as to the transactions that are otherwise allowed in this chapter.
(c) An insurer not transacting new insurance businless in West Virginia but collecting
premiums on and servicing of policies in forces as to residents of or risks located in West
Virginia, and where the policies were originally issued on nonresidents of or risks located
outside of this state, is transacting insurance in West Virginia for the purpose of premium
and annuity tax requirements but isg not required to have a license therefor.
(d) A domestic insurer or a foreign insurer from offices or by personnel or facilities located
in this state may not solicit insurance applications or otherwise transact insurance in
another state or country unless it holds a subsisting license granted to it by the
commissioner authorizing it to transact the same kind or kinds of insurance in this state.
(e) Any officer, director, agent, representative or employee of any insurer who willfully
authorizes, negotiates, makes or issues any insurance contract in violation of this section is
subject to the provisions set forth in article forty-four of this chapter.

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