The West Virginia Viatical Settlement Provider license

This license is on the statute and not on the page. The Offices of the Insurance Commissioner describe their own licensees as "insurance producers, adjusters, bail bondsmen, surplus lines agents, viatical settlement brokers, and all associated business entities", and the examination crosswalk in the candidate handbook lists a Viatical Settlement Broker paper and no provider. 33-13C-3(a)(1) grants both: "A person may not operate as a viatical settlement provider or viatical settlement broker without first obtaining a license from the commissioner." 33-13C-3(d) is one investigation covering both licenses and five of its six findings are shared: competent and trustworthy and acting in good faith; a good business reputation and qualified by experience, training or education; a certificate of good standing from the state of domicile for a legal entity; an anti-fraud plan meeting 33-13C-14(g); and evidence of financial responsibility. No course and no hour count anywhere in the article. 33-13C-3(b)(1) then carries something almost no licensing statute on this site does, a full second-chance provision written into the qualification itself: the commissioner may not disqualify an applicant for a prior conviction unless it bears a rational nexus to the activity, has to weigh the seriousness of the crime, the time since, its relationship to the work and any rehabilitation, and must let a disqualified applicant apply anyway after five years where the offence was not a felony under 33-13C-14 and not violent or sexual. An individual with a criminal record may petition for a determination before applying at all, and the commissioner answers within 60 days. The provider carries the one finding the broker does not, a detailed plan of operation, and cannot substitute professional liability cover for the $250,000. There is no examination for it in the Department's crosswalk, which is what separates it from the broker in practice.

Read at code.wvlegislature.gov on 2026-08-19