W. Va. Code R. § 114-76-2

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

Section 114-76-2 - Definitions

The following definitions apply to this rule:

2.1. "Claimant" means a third party claimant as defined in WV 114 CSR 14-2.8.

2.2. "Commissioner" means the West Virginia Insurance Commissioner.

2.3. "Complaint" means an administrative complaint filed by a third party claimant pursuant to W. Va. Code § 33-11-4 a(b).

2.4. "Egregious act" means conduct that is fraudulent or malicious and reckless, whether or not the act constituted a pattern corresponding to an unfair claims settlement practice committed with such frequency as to constitute a general business practice. An act, or failure to act, that is due to negligence, lack of judgment, incompetence, or bureaucratic confusion, is not an egregious act.

2.5. "Natural person" means a human being, as distinguished from an artificial person created by law.

2.6. "Person" includes any individual, company, insurer, association, organization, society, reciprocal, business trust, corporation or any other legal entity, including agents, adjusters and brokers.

2.7. "Respondent" means a person(s) against whom a complaint is filed with the commissioner pursuant to W. Va. Code § 33-11-4 a(b).

2.8. "Sixty-day period" means the 60-day period following the respondent's receipt of a complaint.

W. Va. Code R. § 114-76-2