W. Va. Code R. § 114-76-9
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 114-76-9 - Penalties, Restitution and Judicial Review9.1. Penalties. -- If the commissioner determines after hearing that the respondent has committed an unfair claims settlement practice, he or she shall issue an order directing the respondent to cease and desist from such practice and may, in addition, impose one or more of the penalties as prescribed by W. Va. Code § 33-11-6(a) through (d), inclusive.9.2. Restitution. -- a. The commissioner may, in addition to any penalties imposed pursuant to subsection 9.1 of this section, grant restitution to the claimant if the commissioner determines that the claimant has suffered damages as a result of:1. A general business practice; or2. An egregious act committed by the respondent, regardless of whether the act occurred within a general business practice.b. Restitution permitted under W. Va. Code § 33-11-6(e)(1) and subdivision a of this subsection may include non-economic damages not to exceed ten thousand dollars ($10,000) and actual economic damages. Restitution may not be given for attorney fees or punitive damages.c. The payment of any restitution award shall be made from the Unfair Claims Settlement Practice Trust Fund established by W. Va. Code § 33-11-4 b.9.3. Judicial review. -- Any person aggrieved by any act, which includes the entry of an order, or failure to act of the commissioner under this rule may seek judicial review as provided in W. Va. Code §§ 33-2-14 and 33-11-6(g).W. Va. Code R. § 114-76-9