West Virginia Code § 33-44-10

Defense of action or proceeding by unauthorized insurer; bond
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requirements.
(a) Before any unauthorized insurer shall file or cause to be filed any pleading in any action,
suit or proceeding instituted against it, or any notice, order, pleading or process in an
administrative proceeding before the commissioner instituted against the insurer, the
unauthorized insurer shall either: e
(1) Deposit with the clerk of the court in which the action, suit or proceeding is pending, or
with the commissioner in an administrative proceeding, cash or securities or file with the
clerk or the commissioner a bond with good and sufficient suretiues, to be approved by the
court or the commissioner, in an amount to be fixed by the court or commissioner sufficient
to secure the payment of any final judgment which may be rtendered in the action or
administrative proceeding; or
(2) Deposit with the clerk of the court in which the action, suit or proceeding is pending, or
with the commissioner in an administrative proceelding, cash or securities or file with the
clerk or the commissioner a bond with good asnd sufficient sureties, to be approved by the
court or the commissioner, in an amount required to procure a license to transact insurance
in this state pursuant to the provisions contained within article three of this chapter.
(b) The court or the commissioner in any action, suit or proceeding in which service is made
in the manner provided in subsection (d) or (e), section five of this article, may, in its, his or
her respective discretion, order the postponement as may be necessary to afford the
responding party reasonable opportunity to comply with the provisions of subsection (a) of
this section and thereafter to defend the action or proceeding.

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