West Virginia Code § 33-61-9

Types of coverage authorized; discretionary participation
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(a) Upon approval by the commissioner for a license to transact insurance in this state, the
company may issue nonassessable policies of performance bonds.
(b) Operators may procure nonassessable policies of performance bonds from the company
or other allowable providers to satisfy the requirements of §22-3-11 of this code.
(c) Nothing in this article shall require compulsory participation in purchasing bonds from
the company by operators.

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