West Virginia Code of State Rules
Agency 114 - Insurance Commission
Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER
Series 114-76 - Rules Of Practice And Procedure For Administrative Proceedings Brought By Third Pary Claimants
Section 114-76-9 - Penalties, Restitution and Judicial Review
Universal Citation: 114 WV Code of State Rules 114-76-9
Current through Register Vol. XLI, No. 38, September 20, 2024
9.1. Penalties. -- If the commissioner determines after hearing that the respondent has committed an unfair claims settlement practice, he or she shall issue an order directing the respondent to cease and desist from such practice and may, in addition, impose one or more of the penalties as prescribed by W. Va. Code § 33-11-6(a) through (d), inclusive.
9.2. Restitution. --
a. The commissioner may, in addition to any
penalties imposed pursuant to subsection 9.1 of this section, grant restitution to
the claimant if the commissioner determines that the claimant has suffered damages
as a result of:
1. A general business practice;
or
2. An egregious act committed by the
respondent, regardless of whether the act occurred within a general business
practice.
b. Restitution
permitted under W. Va. Code §
33-11-6(e)(1)
and subdivision a of this subsection may include non-economic damages not to exceed
ten thousand dollars ($10,000) and actual economic damages. Restitution may not be
given for attorney fees or punitive damages.
c. The payment of any restitution award shall be
made from the Unfair Claims Settlement Practice Trust Fund established by W. Va.
Code §
33-11-4
b.
9.3. Judicial review. -- Any person aggrieved by any act, which includes the entry of an order, or failure to act of the commissioner under this rule may seek judicial review as provided in W. Va. Code §§ 33-2-14 and 33-11-6(g).
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