Any person who shall solicit within this state an application for insurance shall, in any controversy between the insured or his or her beneficiary and the insurer issuing any policy upon such application, be regarded as the agent of the insurer and not the agent of the insured.
W. Va. Code § 33-12-22
Person soliciting insurance is agent of insurer
Applied in 4 court decisions — leading case 832 F. Supp. 1054 - ELCO Mechanical Contractors, Inc. v. Builders Supply Ass'n (1993)
Most recently applied in 430 F. Supp. 2d 563 - Grubbs v. Westfield Insurance (May 2006)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.