Risk Retention Act
West Virginia · Insurance · §§ 33-32-1 to 33-32-9 · 24 sections
Overview
The act governs risk retention groups and purchasing groups — arrangements through which members obtain or jointly purchase insurance — and sets the terms on which each may operate in a state. It establishes charter and license requirements for groups domiciled in the state, notice and registration obligations for groups chartered elsewhere and for purchasing groups, limits on the coverage that may be written or bought, a licensing duty for agents and brokers, and a tax on premiums collected, while exempting purchasing groups from certain laws that would otherwise restrict group purchase of insurance. It also gives insurance regulators administrative and rulemaking authority over both types of group, including examination of financial condition, application of unfair claims settlement and anti-fraud standards, delinquency proceedings, required disclosures to purchasers, and penalties for violations.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- W. Va. Code § 33-32-1Purpose and short title
- W. Va. Code § 33-32-10Prohibited acts regarding solicitation or sale
- W. Va. Code § 33-32-11Prohibition on ownership by an insurance company
- W. Va. Code § 33-32-12Prohibited coverage
- W. Va. Code § 33-32-13Delinquency proceedings
- W. Va. Code § 33-32-14Compulsory associations
- W. Va. Code § 33-32-15Countersignatures not required
- W. Va. Code § 33-32-16Purchasing groups; exemption from certain laws relating to the group purchase of insurance
- W. Va. Code § 33-32-17Notice and registration requirements of purchasing groups
- W. Va. Code § 33-32-18Restrictions on insurance purchased by purchasing groups
- W. Va. Code § 33-32-19Administrative and procedural authority regarding risk retention groups and purchasing groups
- W. Va. Code § 33-32-2Definitions
- W. Va. Code § 33-32-20Penalties
- W. Va. Code § 33-32-21Duty on agents or brokers to obtain license
- W. Va. Code § 33-32-22Binding effect of orders issued in United States district court
- W. Va. Code § 33-32-23Rules
- W. Va. Code § 33-32-24Operation prior to enactment
- W. Va. Code § 33-32-3Charter and license requirements for domestic groups
- W. Va. Code § 33-32-4Risk retention groups not chartered in this state
- W. Va. Code § 33-32-5Tax on premiums collected
- W. Va. Code § 33-32-6Compliance with unfair claims settlement practices law
- W. Va. Code § 33-32-7Prohibitive, deceptive, false, or fraudulent practices
- W. Va. Code § 33-32-8Examination regarding financial condition
- W. Va. Code § 33-32-9Notice to purchasers
Enacted in other states
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