The commissioner is authorized to make use of any of the powers established under this chapter of this code to enforce the laws of this state so long as those powers are not specifically preempted by the national product liability risk retention act of 1981, as amended by the risk retention amendments of 1986. This includes, but is not limited to, the commissioner's administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders, and impose penalties and seek injunctive relief. With regard to any investigation, administrative proceedings, or litigation, the commissioner can rely on the law and rules of the state. The injunctive authority of the commissioner in regard to risk retention groups is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.
Structure West Virginia Code
Article 32. Risk Retention Act
§33-32-1. Purpose and Short Title
§33-32-3. Charter and License Requirements for Domestic Groups
§33-32-4. Risk Retention Groups Not Chartered in This State
§33-32-5. Tax on Premiums Collected
§33-32-6. Compliance With Unfair Claims Settlement Practices Law
§33-32-7. Prohibitive, Deceptive, False, or Fraudulent Practices
§33-32-8. Examination Regarding Financial Condition
§33-32-9. Notice to Purchasers
§33-32-10. Prohibited Acts Regarding Solicitation or Sale
§33-32-11. Prohibition on Ownership by an Insurance Company
§33-32-12. Prohibited Coverage
§33-32-13. Delinquency Proceedings
§33-32-14. Compulsory Associations
§33-32-15. Countersignatures Not Required
§33-32-17. Notice and Registration Requirements of Purchasing Groups
§33-32-18. Restrictions on Insurance Purchased by Purchasing Groups
§33-32-21. Duty on Agents or Brokers to Obtain License
§33-32-22. Binding Effect of Orders Issued in United States District Court