West Virginia Legislature
Code of West Virginia, 1931
Official Recodification - Enacted December 31, 1930 - Effective January 1, 1931
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6,321 of 6,321 sections
Showing 3,401–3,450 of 6,321 sections
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33-7-3 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Agents, Solicitors and Brokers Necessity of Company License; Contents of Agent’s License No person, corporation or association shall issue or deliver within this State any policy or contract of insurance of any insurance company, or solicit or procu… Proofed
33-7-4 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Agents, Solicitors and Brokers Revocation of Licenses Whenever the insurance commissioner upon investigation is satisfied that any agent, solicitor or broker acting under his supervision and holding a certificate o… Proofed
33-7-5 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Agents, Solicitors and Brokers Nonresident Brokers The insurance commissioner may, upon receipt of ten dollars, except as hereinafter provided, issue to any suitable person, resident in any other state, a licens… Proofed
33-7-6 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Agents, Solicitors and Brokers Unauthorized Transactions With Foreign Brokers Any insurance agent who shall accept any contract of insurance from any nonresident of West Virginia not a duly licensed broker, as provided in the preceding se… Proofed
33-7-7 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Agents, Solicitors and Brokers Foreign Brokers Subject to Obligations and Prohibitions Imposed Outside State on Brokers of This State When by the laws of any other state, district, territory or nation, any tax, fine, penalty, license fee or other obligation or prohibition is imposed on agents … Proofed
33-7-8 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Agents, Solicitors and Brokers Rate of Commission to be Paid Foreign Broker; Penalty It shall be unlawful for any resident fire insurance agent licensed to do business in this State to pay any nonresident insurance broker or agent a greater rate… Proofed
33-7-9 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Agents, Solicitors and Brokers Facilities for Enforcement of Preceding Section For the purpose of enforcing the provisions of the preceding section, the insurance commissioner may require any licensed resident agent, fire insurance broker,… Proofed
33-7-10 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Agents, Solicitors and Brokers General Penalty for Violation of Provisions of This Article Any person violating any provision of sections one and three of this article, or of any other section of this article where no specific penalty is provided, sha… Proofed
33-7-11 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Agents, Solicitors and Brokers Liability of Agent for Reinsurance in Unauthorized Company Any person acting, or assuming to act, as the agent of any insurance company, authorized to do business in this State, who shall accept any risk or issue any po… Proofed
33-7-12 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Agents, Solicitors and Brokers Personal Liability of Agent The agent of any insurance company which has not been authorized to transact business in this State shall be personally liable upon all contracts made by or thr… Proofed
33-7-13 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Agents, Solicitors and Brokers Solicitor is Agent of Insurer Any person who shall solicit an application for insurance shall, in any controversy between the assured or his beneficiary and the company is suing any policy u… Proofed
33-8-1 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Definitions Any corporation, society, order or voluntary association, without capital stock, organized and carried on solely for the mutual benefit of its members and their… Proofed
33-8-2 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies When Society Deemed Operating on Lodge System Any society having a supreme governing or legislative body and subordinate lodges or branches, by whatever name known, into which members shall be elected and i… Proofed
33-8-3 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies What a Representative Form of Government Any such society shall be deemed to have a representative form of government when it shall provide in its constitution and laws for a supreme legislative or gov… Proofed
33-8-4 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Insurance Laws not Applicable Except as provided in this article, and except where such societies are expressly designated in other provisions of this chapter, such societies shall be govern… Proofed
33-8-5 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Benefits Every society transacting business under this article shall provide for the payment of death benefits and may provide for the payment of benefits in case of tem… Proofed
33-8-6 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Persons Who May be Beneficiaries of Death Benefits The payment of death benefits shall be confined to the wife, husband, relative by blood to the fourth degree ascending or descending, step-father, step-mother, … Proofed
33-8-7 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Qualifications for Membership Any society may admit to beneficial membership any person over sixteen and under sixty years of age, who has been examined by a competent physician, and whose e… Proofed
33-8-8 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Certificates; Membership Agreement Every certificate issued by any such society shall specify the maximum amount of benefit provided thereby, and shall provide that the certificate, the charter o… Proofed
33-8-9 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Reserve Funds; Funds From Which Benefits and Expenses to be Paid Any society may create, maintain, invest, disburse and apply a reserve, emergency or surplus fund in accordance with its laws. Unless otherwise provided in the … Proofed
33-8-10 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Investments Any society may invest its funds in real estate for office or lodge purposes, and may hold or sell and convey any real estate acquired by foreclosure or receive… Proofed
33-8-11 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Disposition of Funds Paid by Members and of Reserve Funds Every provision for payment by members of such a society, in whatever form made, shall distinctly state the purpose of the same and the proportion thereof which… Proofed
33-8-12 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Organization; Certificate of Authority Five or more persons, citizens of the United States, and a majority of whom are citizens of this State, who desire to form a fraternal benefit society as define… Proofed
33-8-13 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Existing Societies May Continue to Operate Under Present Charters or Reincorporate Any society now engaged in transacting business in this State may exercise, after the adoption of this Code, all the rights conferred hereby, and all of the rig… Proofed
33-8-14 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Transfer of Membership and Funds No domestic society shall transfer its membership or funds to any society not authorized by the insurance commissioner to transact business in this State; nor s… Proofed
33-8-15 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Time for Suits No member of any society organized or operating under the provisions of this article, or his beneficiary, or his legal representative, or any other person in an… Proofed
33-8-16 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Foreign Societies; License No foreign society shall transact any business within this State without a license from the insurance commissioner. On seeking admission to do business in this … Proofed
33-8-17 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Society May Sue or be Sued; Auditor Attorney in Fact for Service of Process Such society may sue or be sued as such, without the necessity of joining any of its members in any suit or action. The auditor of this State shall be, and is h… Proofed
33-8-18 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Place of Meetings and Principal Office of Domestic Societies Any domestic society may provide that the meetings of its legislative or governing body may be held in any state, district, province or territory wherein such s… Proofed
33-8-19 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Officers and Members Not Liable for Benefits Officers and members of the supreme, grand or any subordinate body of any such incorporated society shall not be individually liable for the payment of any disa… Proofed
33-8-20 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Waiver of Constitution or By-Laws The constitution and laws of the society may provide that no subordinate body, nor any of its subordinate officers or members, shall have the power or authority… Proofed
33-8-21 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Seizure of Funds Under Legal Process No money or other benefits, charity or relief or aid to be paid, provided or rendered by any such society shall be liable to attachment, garnishment or other pr… Proofed
33-8-22 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Grand Lodges as Federation; Reports by All grand lodges, by whatever name known, unless incorporated in this State, holding charters from a supreme governing body, which, upon the adoption of this Co… Proofed
33-8-23 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Filing Copies of Amendments to Constitution or By-Laws Every society transacting business under this article shall file with the insurance commissioner a duly certified copy of all amendments of or additions to its … Proofed
33-8-24 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Annual Statements; Extra Assessments Every society transacting business in this State shall annually, on or before the first day of March, file with the insurance commissioner, in such form as is h… Proofed
33-8-25 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Supervision by Insurance Commissioner of Domestic Societies; Dissolution; Receivers The insurance commissioner, or any person he may appoint, shall have the power of visitation and examination into the affairs of any domestic society. He may em… Proofed
33-8-26 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Examination of Foreign Societies; Failure to Submit to Examination The insurance commissioner, or any person whom he may appoint, may examine any foreign society transacting or applying for admission to transact business in thi… Proofed
33-8-27 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Public Statement Pending Investigation Pending, during and after an examination or investigation of any such society, either domestic or foreign, the insurance commissioner shall make public no state… Proofed
33-8-28 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Revocation of License of Foreign Society When the insurance commissioner on investigation is satisfied that any foreign society transacting business under this article has exceeded its powers, or has f… Proofed
33-8-29 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Lodges Exempt From the Provision of this Article Nothing contained in this article shall be construed to affect or apply to grand or subordinate lodges of Masons, Odd Fellows or Knights of Pythias (exclusive o… Proofed
33-8-30 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Fraud in Obtaining Membership or Benefits; Unauthorized Solicitation; Penalties Any person, officer, member or examining physician of any society authorized to do business under this article who shall knowingly or wilfully make any false or… Proofed
33-8-31 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Child Insurance Any fraternal benefit society organized under the laws of this State or doing business in this State may issue certificates for the payment of sick, death or an… Proofed
33-8-32 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Minimum Amount of Child Insurance Allowable Such society shall not issue any benefit certificate authorized by the preceding section until after it shall have simultaneously put in force at least five hun… Proofed
33-8-33 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Basis of Rates on Child Insurance; Use of Funds The net beneficiary assessment collected upon such certificate shall be based upon the standard industrial table of mortality now adopted by the State of New Yo… Proofed
33-8-34 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Amount of Child Benefits Allowed Death benefits shall be made to increase with advancing age but shall not exceed the sum specified in the following table, the age therein specified being the a… Proofed
33-8-35 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Fraternal Beneficiary Societies Exemption From Taxation Every fraternal benefit society organized or licensed under this article is hereby declared to be a charitable and benevolent institution, and all of its funds … Proofed
33-9-1 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Annuity Contracts License From Insurance Commissioner Prerequisite to Engaging in Business No person, association or corporation shall engage in the business of soliciting or receiving deposits or payments on any annuity contract or certificate or ann… Proofed
33-9-2 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Annuity Contracts License Prerequisite to Negotiating Contracts No person, association or corporation shall sell or offer for sale or deliver within this State any contract, certificate or bond of any person, association or … Proofed
33-9-3 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Annuity Contracts Deposits to be Made With the Treasurer Before a license to transact business in this State shall be issued by the insurance commissioner to any person, association, or corporation within the purview … Proofed
33-9-4 Ch. 33 — INSURANCE AND ANNUITY CONTRACTS Annuity Contracts “Bonds and Securities’’ Defined The words “bonds and securities,” used in the foregoing section, shall be construed to mean bonds or obligations of the United States; or bonds of any state or … Proofed
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