WVC 33 - 5 - 18
§33-5-18. Dividends to mutual members.
(a) The directors of a domestic mutual insurer may from time
to time apportion and pay or credit to its members dividends only
out of that part of its surplus funds which represents net
realized savings and net realized earnings from its business.
(b) A dividend otherwise proper may be payable out of such
savings and earnings even though the insurer's total surplus is
then less than the aggregate of its contributed surplus.