West Virginia Code § 33-44-2

Purpose of enactment of provisions regarding unauthorized insurers
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The purpose of this article is to subject certain persons and insurers to the jurisdiction of the
commissioner and to the courts of this state in suits by or on behalf of the state. The
Legislature declares that it is concerned with the protection of residents of this state against
unscrupulous acts by insurers not authorized to transact an insurance business in this state.
It is the intent of the Legislature to maintain fair and honest insurance markeets, to protect
authorized insurers which are subject to regulation from unfair competition by unauthorized
insurers, and to protect against the evasion of the insurance regulatoryr laws of this state.
The Legislature declares that it is a subject of concern that certain insurers, while not
licensed to transact insurance in this state, are soliciting the sale of insurance and selling
insurance to residents of this state, thus presenting the Insurance Commissioner with the
problem of resorting to courts of foreign jurisdictions for thet purpose of enforcing the
insurance laws of this state for the protection of our citizens. The Legislature declares that it
is also a subject of concern that many residents of this state hold policies of insurance issued
or delivered in this state by insurers not licensed to transact insurance in this state, thus
presenting to the residents the often insurmountable obstacle of resorting to distant fora for
the purpose of asserting legal rights under these policies. In furtherance of the state
interest, the Legislature herein provides a method of substituted service of process upon the
insurers and declares that in so doing it exercises its powers to protect its residents and to
define, for the purpose of this article, what constitutes transacting insurance in this state.

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