(a) A person, or a person working for a firm, association or corporation, shall not act or aid in any manner in soliciting, negotiating or procuring liability insurance in this state from a risk retention group unless such person, or person working for a firm, association or corporation, is licensed as an insurance agent in accordance with article twelve of this chapter.
(b) A person, or a person working for a firm, association or corporation, shall not act or aid in any manner in soliciting, negotiating or procuring liability insurance in this state for a purchasing group from an authorized insurer or a risk retention group chartered in a state unless such person, or person working for a firm, association or corporation, is licensed as an insurance agent in accordance with article twelve of this chapter.
(c) A person, or a person working for a firm, association or corporation, shall not act or aid in any manner in soliciting, negotiating or procuring liability insurance coverage in this state for any member of a purchasing group under a purchasing group's policy unless such person, or person working for a firm, association or corporation, is licensed as an insurance agent in accordance with article twelve of this chapter.
(d) A person, or a person working for a firm, association or corporation, shall not act or aid in any manner in soliciting, negotiating or procuring liability insurance from an insurer not authorized to do business in this state on behalf of a purchasing group located in this state unless such person, or person working for a firm, association or corporation, is licensed as an excess line broker in accordance with section thirteen, article twelve of this chapter.
(e) For purposes of acting as an agent for a risk retention group or purchasing group pursuant to the provisions of this section, the requirement of residence in this state shall not apply.
(f) Every person, or person working for a firm, association or corporation, licensed pursuant to the provisions of this chapter, on business placed with risk retention groups or written through a purchasing group, shall inform each prospective insured of the provisions of the notice required by section nine of this article in the case of a risk retention group and in the case of a purchasing group, the notice required by subsection (b), section eighteen of this article.
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