(a) The court shall hold a summary hearing at the time and date for the return of summons.
(b) If a person is not served with the petition and summons and fails to appear for the summary hearing, the court shall:
(1) Continue the summary hearing not more than ten days;
(2) Require the commissioner to make additional or alternative attempts at service of the petition and summons upon the person; and
(3) Extend any restraining order.
(c) Upon a showing of good faith efforts to effect service upon a person who has failed to appear for a continued summary hearing, the court shall order notice of the petition to be published. The order and notice shall specify a return date not less than ten nor more than twenty days after the publication and that the restraining order has been extended to the continued hearing date.
(d) If a person fails to appear for a summary hearing after service of the summons, the court shall enter judgment in favor of the commissioner against that person.
(e) A person who appears for the summary hearing shall file its answer at the hearing and the court shall:
(1) Determine whether to extend any temporary restraining orders pending final judgment; and
(2) Set the case for trial on a date not more than ten days from the summary hearing.
(f) The court shall grant no continuance for filing an answer.
Structure West Virginia Code
Article 10. Rehabilitation and Liquidation
§33-10-2. Jurisdiction, Venue and Appeal of Delinquency Proceedings; Exclusive Remedy
§33-10-3. Court's Seizure Order
§33-10-4. Injunctions and Other Orders
§33-10-4a. Commencement of Formal Delinquency Proceeding
§33-10-4b. Return of Summons and Summary Hearing
§33-10-4c. Proceedings for Expedited Trial, Continuances, Discovery, Evidence
§33-10-4d. Decision and Appeals
§33-10-5. Grounds for Rehabilitation of Domestic Insurers
§33-10-6. Grounds for Liquidation
§33-10-7. Grounds for Conserving Assets of Foreign Insurers
§33-10-8. Grounds for Conserving Assets of Alien Insurers
§33-10-9. Grounds for Ancillary Liquidation of Foreign Insurers
§33-10-10. Order of Rehabilitation
§33-10-11. Order of Liquidation of Domestic Insurer
§33-10-12. Order of Liquidation of Alien Insurers
§33-10-13. Order of Conservation or Ancillary Liquidation of Foreign or Alien Insurers
§33-10-14. Conduct of Delinquency Proceedings Against Domestic or Alien Insurers
§33-10-15. Conduct of Delinquency Proceedings Against Foreign Insurers
§33-10-16. Claims of Nonresidents Against Domestic Insurers
§33-10-17. Claims Against Foreign Insurers
§33-10-19. Priority of Certain Claims
§33-10-19a. Priority of Distribution
§33-10-20. Attachment, Garnishment or Execution
§33-10-21. Uniform Insurers Liquidation Act
§33-10-22. Deposit of Moneys Collected
§33-10-23. Exemption of Commissioner From Fees
§33-10-24. Borrowing on Pledge of Assets
§33-10-25. Date Rights Fixed on Liquidation
§33-10-26. Voidable Preferences and Liens
§33-10-26a. Fraudulent Transfers Prior to Petition
§33-10-26b. Recoupment From Affiliates
§33-10-26c. Fraudulent Transfer After Petition
§33-10-26d. Claims of Holders of Void or Voidable Rights
§33-10-29. Allowance of Certain Claims
§33-10-30. Time Within Which Claims to Be Filed
§33-10-31. Report for Assessment Against Members or Subscribers of Mutual or Reciprocal Insurers
§33-10-33. Order to Pay Assessment
§33-10-34. Publication and Service of Assessment Order
§33-10-35. Judgment Upon the Assessment
§33-10-36. Early Access to Distribution
§33-10-37. Distribution of Assets
§33-10-38. Unclaimed and Withheld Funds; Termination of Proceedings
§33-10-39. Immunity in Receivership Proceedings and Representation of the Special Deputy Supervisor