§33-3-16. Retaliation.
(a) When by or pursuant to the laws of any other state or
foreign country any premium or income or other taxes, or any
fees, fines, penalties, licenses, deposit requirements or other
material obligations, prohibitions or restrictions are imposed
upon West Virginia insurers doing business, or that seek to do
business in such other state or country, or upon the agents of
such insurers, which in the aggregate are in excess of such
taxes, fees, fines, penalties, licenses, deposit requirements or
other obligations, prohibitions or restrictions directly imposed
in the aggregate upon similar insurers of such other state or
foreign country or upon the agents of such insurers under the
statutes of this state, so long as such laws continue in force or
are so applied, the same obligations, prohibitions and
restrictions of whatever kind shall be imposed in the same manner
upon similar insurers of such other state or foreign country
doing business in West Virginia. Any tax, license or other
obligation imposed by any city, county or other political
subdivision of a state or foreign country on West Virginia
insurers or their agents shall be deemed to be imposed by such
state or foreign country within the meaning of this section. The
provisions of this section shall not apply to ad valorem taxes on
real or personal property or to personal income taxes.
(b) If an insurer domiciled in West Virginia is refused
authority to transact in another state insurance upon a plan and
in a manner which is permitted for domestic insurers of such
other state, notwithstanding that the West Virginia insurer be fully qualified for such authority in accordance with the
applicable laws of such other state, and if such refusal be not
accompanied by a written statement of the grounds therefor, then
and thereafter, and for so long as such refusal shall continue,
the commissioner may refuse to grant an initial license (but not
a renewal of an existing license) to any insurer domiciled in
such other state which may seek to transact in West Virginia a
like kind or kinds of insurance.