W. Va. Code R. § 114-13-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-13-2 - Definitions

As used in this regulation:

2.1. "Commissioner" means the Insurance Commissioner of West Virginia.

2.2. "Hearings Examiner" means the person conducting a hearing by the authority of the Insurance Commissioner.

2.3. "Hearing" means any proceeding held under authority granted the commissioner by law and conducted in accordance with the rules set forth in this regulation. A hearing may be designated by the commissioner as either a Category (A) or Category (B) proceeding.

2.4. "Category (A) Hearing" means a hearing the purpose of which is:

a. To determine whether the license of an individual insurance producer, insurance agency, excess line broker or solicitor is to be revoked, suspended, nonrenewed, or placed on probation and/or a penalty levied; or

b. To determine whether the license of an insurer is to be revoked, suspended or nonrenewed or a fine levied in lieu thereof. For the purpose of this regulation, "Insurer" shall be deemed to include any legal entity holding a license to make and issue contracts of insurance.

2.5. "Category (B) Hearing" means a hearing the purpose of which is to determine any other matter not the subject of a Category (A) Hearing.

2.6. "Individual" means any private or natural person as distinguished from a partnership, corporation, limited liability company or other legal entity.

2.7. "Insurance agency" means an individual, corporation, partnership, association, limited liability company, or other legal entity except for an employee of the individual, corporation, partnership, association, limited liability company, or other legal entity, and other than an insurer or an adjuster as defined by W. Va. Code § 33-12B-1, which employs individuals licensed to engage in activity or whose members engage in any activity be performed only by a licensed individual insurance producer or solicitor. It shall not include sole proprietor or partnerships in which there is only one licensed insurance producer.

2.8. "Insurance producer" means a person required to be licensed under the laws of this state to sell, solicit or negotiate insurance.

2.9. "Insurer" means every person engaged in the business of making contracts of insurance under W. Va. Code § 33-1-2.

2.10. "W. Va. Code" mean the code of West Virginia, 1931 as amended.

W. Va. Code R. § 114-13-2