H. B. 4313
(By Delegate H. White)
[Introduced
February 5, 2004
; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend and reenact §33-3-7 of the code of West Virginia,
1931, as amended, relating to licensing foreign insurers and
exemption from certain other statutory provisions.
Be it enacted by the Legislature of West Virginia:
That §33-3-7
of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. LICENSING, FEES AND TAXATION OF INSURERS.
§33-3-7. Issuance of license to transact insurance; kinds of
insurance authorized to be transacted.
(a) Upon receiving the application and supporting documents
required by section four of this article, if the commissioner is
satisfied that an insurer has complied with the terms of its
charter and the provisions of this chapter and other laws of this
state and that such insurer is solvent and will transact insurance
in a legal, proper and just manner, he or she may issue to such insurer a license authorizing it to transact insurance in this
state. Such license may authorize an insurer which otherwise
qualifies therefor to transact life and/or accident and sickness
insurance, or an insurer other than a life insurer to transact any
of the kinds of insurance other than life for which it otherwise
qualifies. However, as to any life insurer which, immediately
prior to the effective date of this chapter, lawfully held a
license granting to it the right to transact in West Virginia
additional kinds of insurance other than life and accident and
sickness, the commissioner may continue to license said insurer to
transact the same kinds of insurance as those specified in such
prior license so long as such insurer is otherwise in compliance
with this chapter.
(b) Any foreign insurer that obtains a license authorizing it
to transact insurance in this state pursuant to this section may
not be required to obtain a certificate of authority from the
secretary of state and may not be subject to the provisions of
section 1501, article fifteen, chapter thirty-one-d of this code.
NOTE: The purpose of this bill is to provide for licensing
foreign insurers and exempting them from certain other statutory
provisions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.