§33-17-8. Filing of forms.
(a) No fire or marine policy, rider or endorsement to be
attached to any policy covering any risk located or to be performed
in West Virginia shall be delivered or issued for delivery in this
state unless that form is: (1) Filed with and approved by the
Commissioner; (2) conforms to applicable legislative rules of the
Commissioner; (3) is identical as to language to a policy, rider or
endorsement approved by the Commissioner; or (4) qualifies under
subsection (c) of this section. If the use of any form under the
provisions of subdivision (2) of this section by any insurer or by
the members and subscribers of any rating organization is so
extensive that in the opinion of the Commissioner the public
interest requires, the Commissioner may require that the form be
filed with him or her by the insurer or by the rating organization
on behalf of its members and subscribers.
(b) The procedure for filing and approval or disapproval of
forms under this section is provided in section eight, article six
of this chapter. Grounds for disapproval are those set forth in
section nine of said article. Filings may be made on behalf of any
insurer by a rating organization licensed under the provisions of
article twenty of this chapter. This section does not apply to
ocean marine policies, riders or endorsements, or to forms on
specially rated inland marine risks.
(c) For commercial lines risks, a fire or marine policy, rider
or endorsement is subject to the provisions of section six, article eight of this chapter governing other commercial lines form filings
as defined in section eight, article six of this chapter.