West Virginia Code § 33-37-6

Penalties and liabilities
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(a) If the commissioner finds that the managing general agent or any other person has
violated any provision of this article, or any rule or order promulgated thereunder, after a
hearing conducted in accordance with section thirteen, article two of this chapter, the
commissioner may order:
(1) For each separate violation, a penalty in an amount not exceeding $10,000;
(2) Revocation or suspension of the producer's license;
(3) Reimbursement by the managing general agent of the insurer, the rehabilitator or
liquidator of the insurer for any losses incurred by the insurer and its policyholders and
creditors caused by a violation of this article committed by the managing general agent; and
(4) If it was found that because of any such violation that the insurer has suffered any loss or
damage, the commissioner may maintain a civil actlion brought by or on behalf of the insurer
and its policyholders and creditors for recovery of compensatory damages for the benefit of
the insurer and its policyholders and creditors or other appropriate relief.
(b) If an order of rehabilitation or liquidation of the insurer has been entered pursuant to
article ten of this chapter and the receiver appointed under that order determines that the
managing general agent or any other person has not materially complied with this article, or
any rule or order promulgated thereunder, and the insurer suffered any loss or damage
therefrom, the receiver may maintain a civil action for recovery of damages or other
appropriate sanctions for the benefit of the insurer.
(c) Nothing containe d in this section shall affect the right of the commissioner to impose any
other penaltieVs provided for in this chapter.
(d) Nothing contained in this article is intended to or shall in any manner limit or restrict the
rights of policyholders, claimants and creditors.
(e) The decision, determination or order of the commissioner pursuant to subsection (a) of
this section shall be subject to judicial review pursuant to section fourteen, article two of this
chapter.

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