West Virginia Code § 33-6C-5

Premium refunds; calculation of the same; payments
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(a) Refunds to West Virginia policyholders made pursuant to section four of this article and
based upon annual earned premium volume in West Virginia shall be calculated by
multiplying the anticipated loss ratio by the applicable earned premium during the
experience period and subtracting from that result the actual incurred claims during the
experience period. e
(b) Refunds to West Virginia policyholders made pursuant to section four of this article and
based upon national annual earned premium volume shall be calculated by:
(1) Multiplying the anticipated loss ratio by the applicable earned premium during the
experience period and subtracting from that result the actual incurred claims during the
experience period; and
(2) Multiplying the results of subsection (1) by the total earned premium during the
experience period from all West Virginia policyholdlers eligible for refunds; and
(3) Dividing the results of subsection (2) by the total earned premium during that period in
all states on the policy form. i
(c) Refunds must be made to all West Virginia policyholders who are insured under the
applicable policy form as of the last day of the experience period. Such refund shall include
interest, at the current accident and health reserve interest rate established by the national
association of Insurance Commissioners, from the end of the experience period until the date
of payment. Payment shall be made during the third quarter of the year following the
experience period for which a refund is determined to be due.
(d) Refunds ofV less than $10 shall be aggregated and held by the insurer in a policyholder's
liability fund and shall be used to offset any future rate increases.

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