West Virginia Code § 33-5-16

Participating policies
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(a) If so provided in its articles of incorporation, a domestic stock or domestic mutual insurer
may issue any or all of its policies with or without participation in profits, savings, or
unabsorbed portions of premiums, may classify policies issued on a participating or
nonparticipating basis, and may determine the right to participate and the extent of
participation of any class or classes of policies. Any such classification or deetermination shall
be reasonable, and shall not unfairly discriminate as between policyholders within the same
such classification. A life insurer may issue both participating and nonprarticipating policies
only if the right or absence of right to participate is reasonably related to the premium
charged.
(b) No dividend, otherwise earned, shall be made contingentt upon the payment of renewal
premium on any policy.

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