West Virginia Code § 33-36-6

Penalties
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(a) If the commissioner believes that the controlling producer or any other person has not
materially complied with this article, or any rule or order promulgated hereunder, after
notice and opportunity to be heard, the commissioner may order the controlling producer to
cease placing business with the controlled insurer.
(b) If it is found that because of any material noncompliance that the controlled insurer or
any policyholder thereof has suffered any loss or damage, the commissioner may maintain a
civil action or intervene in an action brought by or on behalf of the insurer or policyholder
for recovery of compensatory damages for the benefit of the insuurer or policyholder or other
appropriate relief.
(c) If an order for liquidation or rehabilitation of the controlled insurer has been entered
pursuant to article ten of this chapter and the receiver appointed under that order believes
that the controlling producer or any other person has not materially complied with this
article or any rule or order promulgated hereunderl, and the insurer suffered any loss or
damage therefrom, the receiver may maintains a civil action for recovery of damages or other
appropriate sanctions for the benefit of the insurer.
(d) Nothing contained in this sectiong may affect the right of the commissioner to impose any
other penalties provided for in this chapter.
(e) Nothing contained in this section is intended to or may in any manner alter or affect the
rights of policyholders, claimants, creditors or other third parties.

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