W. Va. Code R. § 114-74-3
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 114-74-3 - Hearing Regarding Nonrenewal3.1. Hearing at request of policyholder or insurer. The commissioner shall review each complaint from every insured whose property insurance policy has been nonrenewed pursuant to the percentage method set forth in W. Va. Code § 33-17A-4 a and shall send to both the complainant and the insurer a notice as to whether the commissioner has found any violation of W. Va. Code § 33-17A-4 a(e). Within thirty (30) days of the date on which such notice was mailed, either party may demand a formal hearing before the commissioner.3.2. Hearing called by Commissioner. If, after review of the complaint, the commissioner feels a hearing is necessary to resolve the complaint, he or she may call a hearing by virtue of the authority provided in W. Va. Code § 33-2-13.3.3. Hearing. The hearing, whether it be initiated by the complainant, the insurer or the commissioner, shall be conducted in accordance with the procedures set forth in 114 CSR 13. The subject matter of the hearing will be limited to the following issues: a. Whether the nonrenewal notice provided at least thirty (30) days advance notice to the named insured of the insurer's intent to nonrenew the policy;b. Whether the decision to refuse to renew was based on a discriminatory reason;c. Whether the nonrenewal notice was based upon an underwriting standard found to be in violation of chapter thirty-three of the West Virginia Code; ord. Whether the nonrenewal causes the insurer to exceed the percentage limitation set forth in W. Va. Code § 33-17A-4 a(d) for either the state or the county of the policyholder's residence.W. Va. Code R. § 114-74-3