West Virginia Code § 33-5-29

Mutual member's share of assets on liquidation
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(a) Upon any liquidation of a domestic mutual insurer, its assets remaining after discharge of
its indebtedness, policy obligations, repayment of contributed or borrowed surplus, if any,
and expenses of administration, shall be distributed to existing persons who were its
members at any time within thirty- six months next preceding the date such liquidation was
authorized or ordered, or date of last termination of the insurer's license, wehichever date is
the earliest.
(b) The distributive share of each such member shall be in the proportion that the aggregate
premiums earned by the insurer on the policies of the member duuring the combined periods
of his membership, bear to the aggregate of all premiums so earned on the policies of all
such members. The insurer may, and a life insurer shall, matke a reasonable classification of
its policies so held by such members and a formula based upon such classification for
determining the equitable distributive share of each such member. Such classification and
formula shall be subject to the approval of the commissioner.

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