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33-2-19 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Acceptance of Discrimination or Favor by Insured |
No insured person or party shall receive or accept, directly or indirectly, any rebate or premium or part thereof, or agent’s, solicitor’s or broker’s commissio… |
Proofed
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33-2-20 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Insurance Commissioner to Investigate Charges of Rebating |
It shall be the duty of the insurance commissioner to investigate any charges of rebating submitted to him. Such charges shall be in writing and shall specify t… |
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33-2-21 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Exemptions From Three Preceding Sections |
Nothing in the three preceding sections shall be so construed as to prohibit any company issuing non-participating insurance from paying bonuses to policyholder… |
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33-2-22 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Misrepresentation by Insurer |
No insurance company, association or society, or any officer, director, agent, broker or solicitor thereof, shall issue, circulate or use, or cause or permit to… |
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33-2-23 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Mutual Policies Must Show Amount for Which Assured Liable |
Every mutual company shall cause to appear in the body of its policy the total amount for which the assured may be liable under the charter of such company. |
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33-2-24 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Approval of Policies of Foreign Companies by Resident Agent |
Except where it is otherwise specially provided, no insurance company or association not incorporated under the laws of this State, shall make, write, place, or… |
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33-2-25 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Transfer of Risk to Unlicensed Company |
No insurance company shall, in any manner whatsoever, accept the whole or any part of a risk on property located in this State and transfer, in any manner whats… |
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33-2-26 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Penalty for Violation of Two Preceding Sections |
Any insurance company or corporation, insurance agency, or any person or agent thereof, violating any provision of the two preceding sections shall be guilty of… |
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33-2-27 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Companies Exempted From Sections 11, 24 and 25 |
The provisions of sections eleven, twenty-four and twenty-five of this article shall not apply to property of common carriers used by them in their business as … |
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33-2-28 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
No Waiver of Law by Agreement |
No agreement between the company and the policyholder or applicant for insurance shall be held to waive any of the provisions of this chapter. |
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33-2-29 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Limitation by Company of Time for Suit |
No insurance company shall limit the term within which any suit shall be brought against it to a period less than one year from the time when the loss insured a… |
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33-2-30 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Reduction of Capital |
No company licensed by the insurance commissioner shall reduce its capital stock until such action is approved by the insurance commissioner. |
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33-2-31 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Reduction of Surplus by Dividends |
No company licensed by the insurance commissioner shall declare or pay dividends to stockholders until such action be approved by the insurance commissioner, if… |
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33-2-32 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Reinsurance |
No company licensed by the insurance commissioner shall transfer or reinsure, directly or indirectly, substantially all of its West Virginia risks or contracts … |
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33-2-33 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Reinsurance When Capital Impaired |
If upon examination by the insurance commissioner he shall determine that the capital of any such company is impaired, he shall require it to make good such imp… |
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33-2-34 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Penalty for Violation of Sections 30-33 |
Every company violating any provision of sections thirty, thirty-one, thirty-two or thirty-three of this article shall be guilty of a misdemeanor, and, upon con… |
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33-2-35 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Advertisement of Amount of Capital Stock; Advertisements on Face of Policies |
No insurance company shall advertise a greater amount of capital stock than the actual paid up capital stock of such company, nor, except where it is otherwise … |
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33-2-36 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Accounts and Reports of Receivers of Insolvent Companies |
All accounts rendered to any court by the receiver of any insolvent insurance company of this State shall be presented by such receiver to the insurance commiss… |
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33-2-37 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Annual Return of and Tax on Premiums by Companies of Other States |
Every insurance company or association incorporated by or organized under the laws of any other state and licensed to transact business in this State shall retu… |
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33-2-38 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Annual Return of and Tax on Premiums of Companies of Foreign Countries |
Every insurance company or association incorporated by or organized under the laws of any foreign government and licensed to transact business in this State sha… |
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33-2-39 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Amount of Annual License Tax; Payment Into State Fund |
The annual tax which an insurance company or association is required to pay under the provisions of the two preceding sections shall be a sum equal to two perce… |
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33-2-40 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Domestic Companies Doing Business Outside State |
It shall be unlawful for any domestic insurance company, duly qualified under the laws of this State, to do business in any other state or territory of the Unit… |
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33-2-41 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Offense Where no Penalty Prescribed |
Every person, association or corporation violating any provision of this chapter for which no penalty is provided shall be guilty of a misdemeanor, and, upon co… |
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33-2-42 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Revocation of License on Failure to Perform Judgment or Decree |
If any insurance company or association shall neglect or refuse for thirty days after judgment or decree in any action, suit or proceeding, or if such judgment … |
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33-2-43 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Process; Service on Auditor; When Service on Agent Proper |
The auditor of this State shall be, and is hereby constituted, the attorney in fact of every insurance company, domestic or foreign, doing business in this Stat… |
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33-2-44 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
General Provisions |
Officers by Whom Acts May be Performed |
When any report, statement or affidavit is required to be filed or made, or when any act is required to be done, by the president, vice president, secretary or … |
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33-3-1 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Capital of Life Insurance Companies |
No life insurance company shall be admitted to do business in this State, or shall, directly or indirectly, enter into contracts of insurance, issue policies, t… |
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33-3-2 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Reports to Commissioner by Companies Chartered by This State |
Every life insurance company chartered by this State shall, on or before the first day of March in each year, render to the insurance commissioner a report, sig… |
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33-3-3 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Valuation of Life Policies |
Upon the receipt of such report, the commissioner shall make a valuation of all outstanding policies, additions thereto, unpaid dividends and all other obligati… |
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33-3-4 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Valuation of Securities |
All bonds or other evidences of debt having a fixed term and rate, held by any life insurance company, assessment life association or fraternal beneficiary soci… |
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33-3-5 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Payment of Dividends |
Except where it is otherwise specially provided in this chapter, payments in the form of dividends or otherwise shall not be made to its stockholders by any lif… |
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33-3-6 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Liability for Violation of Preceding Section |
Every officer or director of any such company who knowingly votes or assents to any payment, either to stockholders or policyholders, in violation of any of the… |
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33-3-7 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Annuities May Be Issued by Life Companies |
Life insurance companies chartered by and doing business in this State, and empowered to make contracts contingent upon life, may grant and issue annuities, eit… |
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33-3-8 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Reports by Insurance Companies of Other States; Valuation of Policies |
Every life insurance company organized under the laws of any other state or country, before being admitted to do business in this State, in addition to conformi… |
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33-3-9 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Participating Policies |
No domestic life insurance company and no domestic stock life insurance company, hereafter issuing or professing to issue any participating policies, shall issu… |
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33-3-10 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Rights of Insured as to Surplus on Participating Policies |
Every policyholder shall, on all participating policies issued since the twenty-third day of May in the year nineteen hundred and seven, be permitted annually t… |
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33-3-11 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
What Are Mutual Companies |
Every company or association which issues to its members certificates or policies agreeing to pay certain benefits to the beneficiaries thereunder, which benefi… |
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33-3-12 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Statement to be Filed With Insurance Commissioner by Domestic Mutual Company |
Every such domestic company shall, on or before the first day of March in each and every year, file with the insurance commissioner a statement, under oath of t… |
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33-3-13 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Statement to be Filed With Insurance Commissioner by Foreign Mutual Companies |
Every such foreign company shall, before transacting or continuing to transact business in this State, file with the insurance commissioner a statement similar … |
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33-3-14 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
When Mutual Company Entitled to License |
A license, or certificate of authority, to do business in this State may be issued to any such mutual company under the conditions prescribed in article two of … |
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33-3-15 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Capital Stock of Mutual Companies |
Mutual life insurance companies may do business within this State with a capital stock or surplus of not less than two hundred thousand dollars, and its capital… |
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33-3-16 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Annual Apportionment of Divisible a Surplus of Mutual Companies |
Every life insurance company doing business in this State conducted on the mutual plan, or in which policyholders are entitled to share in the profits or surplu… |
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33-3-17 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Contingency Reserve |
Any life insurance company doing business in this State may accumulate and maintain, in addition to the capital and surplus contributed by its stockholders and … |
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33-3-18 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Rights of Insured After Default in Payment of Premium |
In event of default in payment of any premium due an any policy, provided not less than three full years’ premiums shall have been paid, there shall be secured … |
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33-3-19 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Lodges, and Contracts Prior to Acts of Eighteen Hundred and Eighty-five, Excepted |
Sections eleven, twelve, thirteen, fourteen, fifteen and sixteen of this article shall not apply to fraternal societies securing members through the lodge syste… |
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33-3-20 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Approval of Loans and Investments by Executive Committee or Directors |
No loan or investment shall be made by a life insurance company of this State without the approval of its finance or executive committee, or the approval of a m… |
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33-3-21 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Director or Officer Not to Receive Compensation for Negotiating Loans or Investments |
No director or officer of a life insurance company shall receive any money or valuable thing for negotiating or recommending any loan from such company, or for … |
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33-3-22 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Security for Loans |
No loan shall be made of the capital assets, or income, or any portion thereof, of any life insurance company incorporated by or organized under the laws of thi… |
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33-3-23 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Investment In Stocks and Bonds |
No portion of the capital, assets, or income, of any life insurance company of this State shall be used in the purchase of the stocks or bonds of any mining or … |
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33-3-24 |
Ch. 33 — INSURANCE AND ANNUITY CONTRACTS |
Life Insurance |
Notes or Credit for Premiums |
Nothing in this article shall prevent any company from taking premium notes, or extending credit for part of its premiums, in accordance with its usual course o… |
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