(a) Unless denied licensure pursuant to section twenty-four, a nonresident person shall receive a nonresident producer license if:
(1) The person is currently licensed as a resident and in good standing in his or her home state;
(2) The person has submitted the proper request for licensure and has paid the fees required by section thirteen, article three of this chapter;
(3) The nonresident person holds a similar license that is awarded on the same basis in the nonresident's home state and for the same line or lines of authority applied for in this state;
(4) The person has submitted or transmitted to the Insurance Commissioner the application for licensure that the person submitted to his or her home state, or in lieu of the same, a completed uniform application; and
(5) The person's home state awards nonresident producer licenses to residents of this state on the same basis.
(b) An insurance agency may qualify as a nonresident if the agency has its principal office located in another state.
(c) The Insurance Commissioner may verify the producer's licensing status through the producer database maintained by the national association of Insurance Commissioners, its affiliates or subsidiaries.
(d) A nonresident producer who moves from one state to another state or a resident producer who moves from this state to another state shall file a change of address and provide certification from the new resident state within thirty days of the change of legal residence. No fee or license application is required.
(e) If the insurance department of the nonresident insurance producer's resident state suspends, terminates, or revokes the producer's insurance license in that state, the nonresident insurance producer shall notify the commissioner and shall return the West Virginia nonresident license.
(f) Notwithstanding any other provision of this article, an individual licensed as a surplus lines producer in his or her home state shall receive a nonresident surplus lines producer license pursuant to subsection (a) of this section. Except as to subsection (a), nothing in this section otherwise amends or supercedes any provision of sections one through fourteen, article twelve-c of this chapter.
(g) Notwithstanding any other provision of this article, an individual licensed as a limited line credit insurance or other type of limited lines producer in his or her home state shall receive a nonresident limited lines producer license, pursuant to subsection (a) of this section, granting the same scope of authority as granted under the license issued by the producer's home state. For the purposes of subsection (e), section twelve of this article, limited line insurance is any authority granted by the home state which restricts the authority of the license to less than the total authority prescribed in the associated major lines pursuant to subdivisions (1) through (6), subsection (a), section nine of this article.
Structure West Virginia Code
Article 12. Insurance Producers and Solicitors
§33-12-4. Exceptions to Licensing
§33-12-5. Application for Examination
§33-12-6. Application for License
§33-12-6a. Residency–individuals–agencies
§33-12-6b. Licensing of Agencies
§33-12-7. Board of Insurance Agent Education
§33-12-8. Continuing Education Required
§33-12-8a. Producer Training for Long-Term Care Products; Record Retention Requirements
§33-12-12. Nonresident Licensing
§33-12-13. Agent Resident in Contiguous Municipalities
§33-12-14. Exemption From Examination
§33-12-16. Temporary Licensing
§33-12-17. Expiration of License; Renewal
§33-12-19. Solicitor to Act Only Through Appointed Agent
§33-12-20. Personal Liability of Agent
§33-12-21. Coverage Must Be Placed With a Solvent Insurer
§33-12-22. Person Soliciting Insurance Is Agent of Insurer
§33-12-23. Payment of Commissions
§33-12-24. Revocation, Suspension or Refusal to Renew License; Penalty
§33-12-25. Termination of Authority to Represent Insurer
§33-12-27. Payment of Commissions Under Assigned Risk Plan
§33-12-28. Service Representative Permit
§33-12-29. Notice of Hearing Before the Commissioner; Failure to Appear; Entry of Orders; Appeal
§33-12-30. Termination of Contractual Relationship Prohibited
§33-12-31. Termination of Contractual Relationship; Continuation of Certain Commissions; Exceptions
§33-12-32. Limited Licenses for Rental Companies
§33-12-32a. Exemption for Portable Electronics
§33-12-32b. Travel Insurance Entity Producer Limited License Act
§33-12-34. Reporting of Actions
§33-12-37. Authorization for Criminal History Record Check; Fees; Rules