W. Va. Code R. § 114-72-3

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

Section 114-72-3 - When a Withdrawal Plan is Required

3.1. Any licensed insurer must file with the commissioner a withdrawal plan before the insurer undertakes a withdrawal.

3.2. An insurer undertakes a withdrawal when it takes any action on its own initiative that will result in the insurer's ceasing to write the line of personal private passenger automobile liability or physical damage insurance subject to article six-a, chapter thirty-three of the West Virginia Code; or ceasing to write the line of policies of property insurance, other than policies of inland marine insurance, subject to article seventeen-a, chapter thirty-three of the West Virginia Code; or ceasing to operate in the state.

3.3. An insurer will not be considered to have acted on its own initiative in effecting a withdrawal when it acts pursuant to a disciplinary or administrative directive or order of the commissioner or insurance department of another state, when it acts pursuant to a court order, or when the insurer acts pursuant to a directive of a supervisor, conservator, or receiver. If any out-of-state directive or order is not provided to the commissioner within thirty (30) days of the issuance of any such directive or order, the insurer will be considered to have acted on its own initiative.

3.4. Nothing in this rule authorizes or allows an insurer to withdraw from any coverage if such withdrawal would violate any federal or state law or any provisions contained in a contract or evidence of coverage or a policy or certificate of insurance itself. This rule does not modify or supercede any requirement under chapter thirty-three of the West Virginia Code or any other state or federal law to notify policyholders that an insurer will not renew any coverage. If a withdrawal plan is required by this section because an insurer is ceasing to write the line of personal private passenger automobile liability or physical damage insurance in this state, before any such notice is given a withdrawal plan must be filed with and approved by the commissioner pursuant to section 5 of this rule. If the insurer's withdrawal relates to the line of property insurance, other than policies of inland marine insurance, then the commissioner's approval of the withdrawal plan is not required prior to the insurer issuing notice of nonrenewal or cancellation: Provided, that the withdrawal plan must be filed with the commissioner at least forty-five (45) days before the insurer initiates any kind of withdrawal activity.

W. Va. Code R. § 114-72-3