West Virginia Offices of the Insurance Commissioner

The West Virginia Offices of the Insurance Commissioner (OIC) is the state agency responsible for regulating the Property & Casualty insurance industry in West Virginia. The OIC ensures fair insurance practices, protects West Virginia consumers, and maintains a stable insurance market in the Mountain State.

The Insurance Commissioner

Role and Appointment

The West Virginia Insurance Commissioner is:

• Appointed by the Governor
• Confirmed by the West Virginia Senate
• Serves a term of up to 6 years
• May be reappointed for additional terms
• Responsible for enforcing West Virginia Code Chapter 33 (Insurance)
• Authorized to adopt regulations, review rates, investigate violations, and discipline licensees

Commissioner Powers and Authority

Commissioner's Office Structure

The OIC is organized into several divisions:

West Virginia Insurance Code

Chapter 33 Overview

West Virginia Code Chapter 33 governs all insurance activities in the state:

Key Statutory Provisions

West Virginia insurance law requires:

1. Licensed Producers Only - Only licensed individuals can sell insurance
2. Appointed by Insurers - Producers must be appointed by each company they represent
3. Continuing Education - Ongoing education required for license renewal
4. Ethical Conduct - Strict standards prohibiting unfair practices
5. Consumer Disclosure - Full and clear disclosure to policyholders

Rate Regulation

File-and-Use System

West Virginia uses a file-and-use system for most P&C insurance:

Rate Standards

The Commissioner reviews rates based on:

• Adequacy - Rates must be sufficient to cover losses and expenses
• Non-Excessiveness - Rates cannot be unreasonably high
• Non-Discrimination - Rates cannot unfairly discriminate between similar risks
• Actuarial Soundness - Rates must be based on valid actuarial principles

Rate Hearing Process

If the Commissioner questions a rate filing:

1. Notice - Written notice to insurer of concerns
2. Hearing - Formal hearing opportunity provided
3. Evidence - Both parties present actuarial support
4. Decision - Commissioner issues written order
5. Appeal - Insurer may appeal to circuit court

Consumer Protection

Consumer Services Division

The OIC Consumer Services Division helps West Virginia residents with:

• Insurance complaints and disputes
• Coverage questions and explanations
• Premium payment issues
• Claims handling concerns
• Agent and company investigations

Contact Information

Complaint Process

West Virginia consumers can file complaints:

1. Online - Through OIC website portal
2. Phone - Call Consumer Services Division
3. Mail - Written complaint to OIC office
4. In Person - Visit Charleston office

Complaint Resolution Timeline

Exam Tip: Know the toll-free consumer hotline number (888) 879-9842 for the West Virginia OIC Consumer Services Division. This is a commonly tested fact.

Market Conduct Examinations

Purpose

The OIC conducts market conduct examinations to ensure:

• Compliance with West Virginia insurance laws
• Fair treatment of policyholders
• Proper claims handling practices
• Accurate advertising and sales practices
• Appropriate underwriting procedures

Examination Types

Examination Process

1. Selection - Insurer selected for examination
2. Notice - Written notice provided (30+ days)
3. Document Request - Specific records requested
4. On-Site Review - Examiners review operations
5. Report - Draft report prepared
6. Response - Insurer may respond to findings
7. Final Report - Public report issued
8. Corrective Action - Required remediation if needed

Insurer Authorization

Certificate of Authority

Insurance companies must obtain a Certificate of Authority to transact insurance in West Virginia:

Types of Insurers

Administrative Proceedings

Hearing Process

When the Commissioner takes action against a licensee:

1. Notice - Written notice of charges
2. Hearing Request - 30 days to request hearing
3. Hearing - Formal administrative hearing
4. Evidence - Both sides present case
5. Decision - Commissioner issues written order
6. Appeal - May appeal to circuit court within 30 days

Penalties Available

Exam Tip: The West Virginia Insurance Commissioner is appointed by the Governor (not elected). This is different from some states where the Commissioner is an elected official.