WVC 33 - 12 - 31
§33-12-31. Termination of contractual relationship; continuation
of certain commissions; exceptions.
(a) In the event of a termination of a contractual
relationship between a duly licensed individual insurance producer
and an automobile insurer of private passenger automobiles who is
withdrawing from writing private passenger automobile insurance
within the state, the insurer shall pay the individual insurance
producer a commission, equal to the commission the individual
insurance producer would have otherwise been entitled to under his
or her contract with the insurer, for a period of two years from
the date of termination of the contractual relationship for those
renewal policies that cannot otherwise be canceled or nonrenewed
pursuant to law, which policies the individual insurance producer
continues to service. The insurer must continue the appointment of
the individual insurance producer for the duration of time the
individual insurance producer continues to service the business:
That this requirement shall not obligate the withdrawing
insurer to accept any new private passenger automobile insurance
within the state.
(b) Subsection (a) of this section does not apply to an
individual insurance producer who is an employee of the insurer or
an individual insurance producer as defined by article twelve-a of
this chapter or an individual insurance producer who by contractual
agreement either represents only one insurer or group of affiliated
insurers or who is required by contract to submit risks to a specified insurer or group of affiliated insurers prior to
submitting them to others.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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