The rates and premiums charged for insurance policies to which this article applies shall include amounts sufficient to recoup a sum equal to the amounts paid to the association by the member insurer less any amounts returned to the member insurer by the association and such rates shall not be deemed excessive because they contain an amount reasonably calculated to recoup assessments paid by the member insurer.
W. Va. Code § 33-26-16
Recognition of assessments in rates
Known as the West Virginia Insurance Guaranty Association Act
The act spans §§ 33–33 (19 sections).
Applied in 2 court decisions — leading case 205 W. Va. 519 - DeVane v. Kennedy (1999)
Most recently applied in 209 W. Va. 682 - West Virginia Insurance Guaranty v. Potts (July 2001)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.