H. B. 2440


(By Delegates Phillips, Farris, Louisos,
L. White and Beane)

[Introduced March 2, 1993; referred to the
Committee on Banking and Insurance.]



A BILL to amend article twelve, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirty; and to amend article twelve-b of said chapter by adding thereto a new section, designated section fourteen, all relating to the requirement of agents, solicitors, excess line brokers, service representatives and adjusters to keep current addresses on file with the insurance commissioner so that proper notices of hearing can be served.

Be it enacted by the Legislature of West Virginia:

That article twelve, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirty; and that article twelve-b of said chapter be amended by adding thereto a new section, designated section fourteen, all to read as follows:
ARTICLE 12. AGENTS, BROKERS, SOLICITORS AND EXCESS LINE.
§33-12-30. Notice of and appearance at hearing before the commissioner.

When conducting any hearing authorized by section thirteen, article two, chapter thirty-three of the code of West Virginia, which hearing concerns any agent, solicitor, excess line broker or service representative the commissioner may give notice of such hearing and the matters to be determined therein to such agent, solicitor, excess line broker or service representative by certified mail, return receipt requested, sent to the last address filed by such person or entity pursuant to West Virginia code, section twenty-nine, article twelve, chapter thirty-three and such notice shall be deemed adequate notice such that upon failure to appear at such hearing orders adverse to the interests of such agent, solicitor, excess line broker or service representative may be entered by the commissioner based upon the allegations against such agent, solicitor, excess line broker or service representative which were set forth in the notice of hearing.
Provided, That an agent, solicitor, excess line broker or service representative who fails to appear at a hearing of which notice has been provided pursuant to this section, and which agent, solicitor, excess line broker or service representative has an adverse order entered by the commissioner against them as a result of their failure to so appear, then and in that circumstance only such agent, solicitor, excess line broker or service representative may within thirty calendar daysof the entry of such adverse order file with the commissioner a written verified appeal with any relevant documents attached thereto, which demonstrates good and reasonable cause for the agent's failure to appear and which requests that the matter be reconsidered and a new hearing set. The commissioner in his discretion, and upon a finding that the agent, solicitor, excess line broker or service representative has shown good and reasonable cause for their failure to appear shall issue an order that the previous order be rescinded, that the matter be reconsidered, and that a new hearing be set. Orders entered pursuant to this section are subject to the judicial review provisions of West Virginia code, section fourteen, article two, chapter thirty-three.
ARTICLE 12B. ADJUSTERS.
§33-12B-14. Current address of adjusters to be filed; effective notice of appearance at hearing before commissioner.

Each adjuster shall file with the commissioner the complete address of his principal place of business and the complete address of his residence including the name and number of the street, or if the street where the business is located is not numbered, the number of the post office box. Within thirty days of a change of business or residence address by an adjuster the adjuster must file with the commissioner the current version of such information.
When conducting any hearing authorized by section thirteen,article two, chapter thirty-three of the code of West Virginia, which hearing concerns any adjuster the commissioner may give notice of such hearing and the matters to be determined therein to such adjuster by certified mail, return receipt requested, sent to the last business and residence addresses filed by such person or entity pursuant to the requirements of this section and such notice shall be deemed adequate notice such that upon failure to appear at such hearing orders adverse to the interests of such adjuster may be entered by the commissioner based upon the allegations against such adjuster which were set forth in the notice of hearing.
Provided, That an adjuster who fails to appear at a hearing of which notice has been provided pursuant to this section, and which adjuster has an adverse order entered by the commissioner against them as a result of their failure to so appear, then and in that circumstance only such adjuster may within thirty calendar days of the entry of such adverse order file with the commissioner a written verified appeal, with any relevant documents attached thereto, which demonstrates good and reasonable cause for the adjuster's failure to appear and which requests that the matter be reconsidered and a new hearing set. The commissioner in his discretion, and upon a finding that the adjuster has shown good and reasonable cause for their failure to appear shall issue an order that the previous order be rescinded, that the matter be reconsidered, and that a new hearing be set. Orders entered pursuant to this section are subject to the judicial review provisions of section thirteen, article two,chapter thirty-three of the code of West Virginia.



NOTE: The purpose of this bill is to clarify that licensees of the Insurance Commissioner including agents, solicitors, excess line brokers, service representatives, and adjusters must keep current address information on file with the commissioner and that notices of hearing sent by the commissioner to such address on file is considered effective notice to such licensees of such hearing and of any allegations against such licensee which are contained in such notice of hearing. Failure of the licensee to appear and to defend after such notice will not prevent the hearing from going forward to conclusion and possibly adverse action against the licensee.

These sections are new; therefore, strike-throughs and underscoring have been omitted.