(a) Notwithstanding any provision of the code to the contrary, the Commissioner may, consistent with the provisions of this section, authorize an insurer to withdraw from the line of automobile liability insurance for personal, private passenger automobiles covered by article six-a of this chapter or from doing business entirely in this state if:
(1) The insurer has submitted and received approval from the Commissioner of a withdrawal plan; and
(2) The insurer demonstrates to the satisfaction of the Commissioner that allowing the insurer to withdraw would be in the best interest of the insurer, its policyholders and the citizens of this state.
(b) Any insurer that elects to nonrenew or cancel the particular type or line of insurance coverage provided by section five, article seventeen-a of this chapter shall submit to the Insurance Commissioner a withdrawal plan for informational purposes only prior to cancellation or nonrenewal of all its business in this state.
(c) The Commissioner shall promulgate rules pursuant to chapter twenty-nine-a of this code setting forth the criteria for withdrawal plans: Provided, That the procedural rules previously promulgated setting forth the criteria for withdrawal plans, which rules were made effective September 25, 2004, shall continue in effect in the same manner as if this section had not been amended during the first extraordinary session of the 2005 Legislature.
Structure West Virginia Code
Article 2. Insurance Commissioner
§33-2-1. Office Continued; Appointment, Qualifications and Term
§33-2-2. Compensation and Expenses of Commissioner and Employees; Location of Office
§33-2-3. Duties of the Commissioner; Employment of Legal Counsel
§33-2-3a. Administrative Investigations
§33-2-4. Authority to Take Depositions, Subpoena Witnesses, etc.
§33-2-6. Service of Subpoena; Compelling Compliance
§33-2-8. Insured to Produce Records Upon Request
§33-2-9. Examination of Insurers, Agents, Brokers and Solicitors; Access to Books, Records, etc.
§33-2-9a. Imposing a One-Time Assessment on All Insurance Carriers
§33-2-10. Rules and Regulations
§33-2-10a. Insurance Emergencies -- Suspension of Deadlines
§33-2-11. Enforcement of Orders; Revocation of Licenses; Court Action
§33-2-15. Annual Report by Commissioner
§33-2-15a. Annual Flood Insurance Communication to Public Entities by Commissioner
§33-2-15b. Reports to the Legislature
§33-2-15c. Reports to the Legislature
§33-2-15d. Report to the Legislature
§33-2-17. Office of Consumer Advocacy
§33-2-19. Confidentiality of Information
§33-2-21a. State Agency Workers' Compensation Programs
§33-2-23. Transfer of Assets of the State Office of the National Flood Insurance Program