If an insurer uses the services of an administrator, the payment to the administrator of any premiums or charges for insurance by or on behalf of the insured party shall be considered to have been received by the insurer and the payment of return premiums or claim payments forwarded by the insurer to the administrator shall not be considered to have been paid to the insured party or claimant until the payments are received by the insured party or claimant. Nothing in this section limits any right of the insurer against the administrator resulting from the failure of the administrator to make payments to the insurer, insured parties or claimants.
Structure West Virginia Code
Article 46. Third-Party Administrator Act
§33-46-3. Written Agreement Necessary
§33-46-4. Payment to Administrator
§33-46-5. Maintenance of Information
§33-46-6. Approval of Advertising
§33-46-7. Responsibilities of the Insurer
§33-46-8. Premium Collection and Payment of Claims
§33-46-9. Compensation to the Administrator
§33-46-10. Notice to Covered Individuals; Disclosure of Charges and Fees
§33-46-11. Delivery of Materials to Covered Individuals
§33-46-12. Home State Certificate of Authority or License
§33-46-13. Registration Requirement
§33-46-14. Nonresident Administrator
§33-46-16. Annual Report and Filing Fee
§33-46-17. Grounds for Denial, Suspension or Revocation of License
§33-46-18. Exemption for Administrators of Public Health Programs