H. B. 2266
(By Delegates Gallagher, Douglas, Walters, Hutchins, Louisos and
(Originating in the House Committee on Banking and Insurance)
[January 25, l995]
A BILL to amend and reenact section eleven, article twelve, chapter
thirty-three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, all relating to insurance;
agents, brokers, solicitors and excess lines; and excess line
broker's affidavit and report.
Be it enacted by the Legislature of West Virginia:
That section eleven, 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.
§33-12-11. Excess line broker's reporting requirements.
At the time of procuring any excess line insurance, the excess
line broker shall execute and file with the commissioner his report
thereof in duplicate and under oath, setting forth facts from which
it may be determined whether the requirements of section ten of this article have been met, and in addition thereto the following:On or before the first day of March, one thousand nine hundred
ninety-six, and on or before the first day of March thereafter,
each excess line broker shall file, on a form prescribed by the
commissioner, a report under oath, setting forth facts from which
it may be determined whether the requirements of section ten of
this article have been met with respect to each excess line policy
procured by the excess line broker during the preceding calendar
year. Such report shall include, but not be limited to, the
(a) Name and address of the insurer.
(b) Number of the policy issued.
(c) Name and address of the insured.
(d) Nature and amount of liability assumed by the insurer.
(e) Premium, and premium rate if applicable.
(f) Other information reasonably required by the commissioner.
The commissioner shall promulgate rules pursuant to the provisions
of section one, article one, chapter twenty-nine of this code,
specifying the reporting forms required by this section prior to
the first day of August, one thousand nine hundred ninety-five.