(a) Any director of a domestic stock or mutual insurer who votes for or concurs in declaration or payment of an illegal dividend to stockholders or members shall upon conviction thereof be guilty of a misdemeanor and, shall be jointly and severally liable, together with other such directors, for any loss thereby sustained by the insurer.
(b) The stockholders or members receiving such an illegal dividend shall be liable in the amount thereof to the insurer.
(c) The commissioner may revoke or suspend the license of an insurer which has declared or paid an illegal dividend.
Structure West Virginia Code
Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers
§33-5-2. Application of General Laws
§33-5-3. Articles of Incorporation
§33-5-4. Certificate of Incorporation
§33-5-5. Amendment of Articles of Incorporation
§33-5-6. Formation of Mutuals -- Applications for Insurance
§33-5-8. Formation of Mutuals -- Assets Required; Temporary Capital Stock
§33-5-12. Corporate Rights of Mutual Members
§33-5-13. Contingent Liability of Mutual Members
§33-5-14. Enforcement of Contingent Liability
§33-5-15. Mutual Nonassessable Policies
§33-5-16. Participating Policies
§33-5-17. Dividends to Stockholders
§33-5-18. Dividends to Mutual Members
§33-5-19. Illegal Dividends; Liability; Penalty
§33-5-20. Borrowing by Insurers
§33-5-21. Management and Exclusive Agency Contracts
§33-5-22. Impairment of Capital or Assets
§33-5-23. Mutualization of Stock Insurer
§33-5-24. Converting Mutual Insurer
§33-5-25. Mergers and Consolidations of Stock Insurers
§33-5-27. Redomestication of Stock and Mutual Insurers
§33-5-28. Mergers and Consolidations of Mutual Insurers