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West Virginia Offices of the Insurance Commissioner 2009 Annual ...

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Market Conduct Unit<br />

Four (4) “Agreed Orders Adopting Reports <strong>of</strong> Market Conduct Examination, Directing Corrective<br />

Action and Assessing Penalties” were entered by <strong>the</strong> <strong>Insurance</strong> <strong>Commissioner</strong> in <strong>2009</strong> as a result <strong>of</strong><br />

market conduct examinations conducted in accordance with W. Va. Code §33-2-9. <strong>West</strong> <strong>Virginia</strong><br />

policyholders received $15,894,848.48 in restitution. Penalties totaling $41,500.00 were assessed as a<br />

result <strong>of</strong> violations discovered during <strong>the</strong>se market conduct examinations.<br />

The OIC entered into one (1) collaborative action with o<strong>the</strong>r states in <strong>2009</strong> on issues <strong>of</strong> concern with<br />

multistate insurers.<br />

The unit conducted forty-seven (47) level one and thirty-five (35) level two analyses on licensed<br />

companies concerning compliance with <strong>the</strong> <strong>West</strong> <strong>Virginia</strong> Code and <strong>the</strong> <strong>West</strong> <strong>Virginia</strong> Code <strong>of</strong> State<br />

Rules.<br />

The OIC received pertinent data on three hundred and fifty-one (351) companies which filed market<br />

conduct annual statements per National Association <strong>of</strong> <strong>Insurance</strong> <strong>Commissioner</strong>s’ (“NAIC”)<br />

guidelines.<br />

The Market Conduct Unit completed nine (9) comprehensive compliance audits on employers which<br />

are self-insured for workers’ compensation; no penalties were assessed.<br />

134

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