H. B. 2182
(By Delegates Phillips, Gallagher, Vest and Michael)
[Introduced February 18, 1993; referred to the
Committee on Banking and Insurance.]
A BILL to amend and reenact section nineteen, article twelve,
chapter thirty-three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the responsibility of an insurer to appoint an agent before
accepting any application of insurance.
Be it enacted by the Legislature of West Virginia:
That section nineteen, article twelve, chapter thirty-three
of the code of West Virginia, one thousand nine hundred thirty-
one, as amended, be amended and reenacted to read as follows:
ARTICLE 12. AGENTS, BROKERS, SOLICITORS AND EXCESS LINE.
§33-12-19. Agent to deal only with licensed insurer, broker or
solicitor.
(a) No agent shall may accept any risk, place any insurance
or issue any policy except with an insurer licensed in this state
and for which insurer such agent has been appointed and licensed.
(b) No agent shall may accept any contract of insurance fromany broker not licensed in this state.
(c) No agent shall may employ or accept the services of any
solicitor not duly appointed and licensed as solicitor for such
agent.
(d) No agent may transact any insurance on behalf of any
insurer and no insurer may accept any insurance business or
application for insurance business from an agent, until after
that agent has been appointed by that insurer with the insurance
commissioner's office.
NOTE: The purpose of this bill is to clarify that insurers
must appoint agents before accepting insurance business from the
agents.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.