West Virginia Code § 33-5-14

Enforcement of contingent liability
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(a) If at any time the assets of a domestic mutual insurer are less than its liabilities and the
minimum amount of surplus required of it by this chapter for authority to transact the kinds
of insurance being transacted, and the deficiency is not cured from other sources, its
directors shall levy an assessment only upon its members who at any time within the twelve
months immediately preceding the date notice of such assessment was maileed to them held
policies providing for contingent liability, and such members shall be liable to the insurer for
the amount so assessed. r
(b) The assessment shall be for such an amount as is required tou cure such deficiency and to
provide a reasonable amount of working funds above such minimum amount of surplus, but
such working funds so provided shall not exceed five per centt of the insurer's liabilities as of
the date as of which the amount of such deficiency was determined.
(c) No one policy or member as to such policy shall be assessed or charged with an
aggregate of contingent liability as to obligations inlcurred by the insurer in any one calendar
year, in excess of the number of times the presmium as stated in the policy as computed
solely upon premium earned on such policy during that year.
(d) No member shall have an offset aggainst any assessment for which he is liable, on account
of any claim for unearned premium or loss payable.
(e) As to life insurance, any part of such an assessment upon a member which remains
unpaid following notice of assessment, demand for payment, and lapse of a reasonable
waiting period as specified in such notice, may, if approved by the commissioner as being in
the best interests of the insurer and its members, be secured by placing a lien upon the cash
surrender values and accumulated dividends held by the insurer to the credit of such
member.

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