33-10-1 Definitions
33-10-2 Jurisdiction, venue and appeal of delinquency proceedings; exclusive remedy
33-10-3 Court’s seizure order
33-10-4 Injunctions and other orders
33-10-4a Commencement of formal delinquency proceeding
33-10-4b Return of summons and summary hearing
33-10-4c Proceedings for expedited trial, continuances, discovery, evidence
33-10-4d Decision and appeals
33-10-4e Confidentiality
33-10-5 Grounds for rehabilitation of domestic insurers
33-10-6 Grounds for liquidation
33-10-7 Grounds for conserving assets of foreign insurers
33-10-8 Grounds for conserving assets of alien insurers
33-10-9 Grounds for ancillary liquidation of foreign insurers
33-10-10 Order of rehabilitation
33-10-11 Order of liquidation of domestic insurer
33-10-12 Order of liquidation of alien insurers
33-10-13 Order of conservation or ancillary liquidation of foreign or alien insurers
33-10-14 Conduct of delinquency proceedings against domestic or alien insurers
33-10-15 Conduct of delinquency proceedings against foreign insurers
33-10-16 Claims of nonresidents against domestic insurers
33-10-17 Claims against foreign insurers
33-10-18 Proof of claims
33-10-19 Priority of certain claims
33-10-19a Priority of distribution
33-10-20 Attachment, garnishment or execution
33-10-21 Uniform Insurers Liquidation Act
33-10-22 Deposit of moneys collected
33-10-23 Exemption of commissioner from fees
33-10-24 Borrowing on pledge of assets
33-10-25 Date rights fixed on liquidation
33-10-26 Voidable preferences and liens
33-10-26a Fraudulent transfers prior to petition
33-10-26b Recoupment from affiliates
33-10-26c Fraudulent transfer after petition
33-10-26d Claims of holders of void or voidable rights
33-10-28 Setoffs
33-10-29 Allowance of certain claims
33-10-30 Time within which claims to be filed
33-10-31 Report for assessment against members or subscribers of mutual or reciprocal insurers
33-10-32 Levy of assessment
33-10-33 Order to pay assessment
33-10-34 Publication and service of assessment order
33-10-35 Judgment upon the assessment
33-10-36 Early access to distribution
33-10-37 Distribution of assets
33-10-38 Unclaimed and withheld funds; termination of proceedings
33-10-39 Immunity in receivership proceedings and representation of the special deputy supervisor
33-10-40 Applicability of amendments
33-10-41 Reinsurer’s liability

Terms Used In West Virginia Code > Chapter 33 > Article 10 - Rehabilitation and Liquidation

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Chambers: A judge's office.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • oath: shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation. See West Virginia Code 2-2-7
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments, all rights thereto and interests therein, except chattel interests. See West Virginia Code 2-2-10
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.