ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 2182

(By Delegates Phillips, Gallagher, Vest and Michael)


[Passed April 9, 1993; in effect from passage]



AN ACT to amend and reenact section nineteen, article twelve, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting an insurance agent from transacting any business with unlicensed insurers, brokers or solicitors or transacting any business on behalf of an insurer prior to being appointed as agent for such insurer; exceptions.

 Be it enacted by the Legislature of West Virginia:
That section nineteen, article twelve, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:
ARTICLE 12. AGENTS, BROKERS, SOLICITORS AND EXCESS LINE.

§33-12-19. Agent to deal only with licensed insurer, broker or solicitor; appointment as agent required prior to transacting business.

(a) An agent may not accept any risk, place any insurance or issue any policy except with an insurer licensed in this state and for which insurer such agent has been appointed and licensed.
(b) An agent may not accept any contract of insurance from any broker not licensed in this state.
(c) An agent may not employ or accept the services of any solicitor not duly appointed and licensed as solicitor for such agent.
(d) An agent may not solicit, market, sell or transact any business of any kind on behalf of any insurer until after the agent has been appointed as agent for that insurer pursuant to the provisions of this article and such appointment has been approved by the commissioner of insurance.
(e) Notwithstanding any other provision in this section to the contrary, an agent may, without an appointment, obtain a bid for any kind of life insurance, health insurance or annuity for which the agent has a valid and effective license if due insurer has a valid and effective certificate of authority under this article for the kind of insurance with respect to which the inquiry is made.