(a) Insurers shall have antifraud initiatives reasonably calculated to detect, prosecute, and prevent fraudulent insurance acts.
(b) Antifraud initiatives may include:
(1) Fraud investigators, who may be insurer employees or independent contractors; or
(2) An antifraud plan submitted to the commissioner. Antifraud plans submitted to the commissioner are privileged and confidential, are exempt from public disclosure under the provisions of 29B-1-1 et seq. of this code, and are not subject to discovery or subpoena in a civil or criminal action.
(c) The commissioner may propose legislative rules for promulgation in accordance with 29A-3-1 et seq. of this code to set forth requirements or standards for the submission of insurer antifraud plans.
Structure West Virginia Code
Article 41. West Virginia Insurance Fraud Prevention Act
§33-41-1. Short Title; Legislative Findings and Purpose
§33-41-3. Fraud Warning Authorized; Statement Required of Nonadmitted Insurers
§33-41-4. Authority of the Commissioner; Use of Special Assistant Prosecutors
§33-41-6. Immunity From Liability
§33-41-8. Creation of Insurance Fraud Unit; Purpose; Duties; Personnel Qualifications
§33-41-8a. Fingerprinting and Background Check for Applicants for Employment With Fraud Unit
§33-41-8b. Fraud Investigators May Present Complaint Directly to Magistrate
§33-41-9. Other Law-Enforcement or Regulatory Authority
§33-41-11. Fraudulent Insurance Acts; Interference and Participation of Convicted Felons Prohibited
§33-41-11a. Insurer Antifraud Initiatives
§33-41-12. Civil and Criminal Penalties; Injunctive Relief; Employment Disqualification; Restitution