West Virginia Life & Health Insurance Exam — Study Guide

Answer first: West Virginia regulates life and health producers through the West Virginia Offices of the Insurance Commissioner (WVOIC) under W. Va. Code Chapter 33 and Title 114 of the Code of State Rules (CSR). To sell life or accident-and-sickness insurance you must be at least 18, complete required prelicensing study, pass the state exam, be found trustworthy and competent, hold a resident producer license, and be appointed by each insurer you represent. Once licensed you are bound by the Unfair Trade Practices Act (§33-11-1 et seq.), the replacement rule (114 CSR 8), the annuity best-interest rule (114 CSR 11B), and the life insurance disclosure rule (114 CSR 11A). Insolvency protection comes from the West Virginia Life and Health Insurance Guaranty Association (§33-26A).

This chapter covers only the West Virginia state portion; product design, underwriting, taxation, and group coverage are in the shared national manuscript. Rules are stable; numbers move. Almost every fee, hour, day, and dollar figure below now carries a dated inline citation naming the statute, rule, or West Virginia Offices of the Insurance Commissioner page it was read from. Where a figure could not be confirmed from a primary source it still carries a [verify] flag — as of this printing that is the prelicensing hour count per line, and only that. A dated citation records what a source said on that date; it is not a promise the figure has not moved since, so re-check with the WVOIC (wvinsurance.gov) any number you are about to act on.

1. The regulator

The Commissioner (§33-2-1). West Virginia's regulator is the Offices of the Insurance Commissioner — note the plural, the agency's actual styling. The Governor appoints the Commissioner with the advice and consent of the Senate; the office is not elected. The term is six years, and an appointment to fill a vacancy runs only for the unexpired term (W. Va. Code §33-2-1; checked 2026-09-05). The Commissioner must be a citizen and resident of West Virginia and, before taking the oath, must sever all connections, direct or indirect, with every insurer subject to supervision and with anyone representing such an insurer — the only permitted relationship is as a policyholder or claimant. Under §33-2-3 the Commissioner's core duty is to enforce Chapter 33, seal required documents, and remit collected fees to the State Treasury monthly.

The Office of Consumer Advocacy (§33-2-16). West Virginia places a statutory consumer advocate inside the agency. The Director is a full-time position, must be an attorney licensed in West Virginia, and is appointed by the Governor for a term of four years to coincide with the term of the Governor, removable only for failure to carry out the duties of the office or for other good and sufficient cause (W. Va. Code §33-2-16(a); checked 2026-09-05). When a question asks who represents consumers' interests, the answer is the Director of the Office of Consumer Advocacy, not the Commissioner, who is the regulator.

Powers. Rulemaking (§33-2-10) produces the Title 114 rules used throughout this chapter. The Commissioner may conduct administrative investigations (§33-2-3a), take depositions and issue subpoenas (§33-2-4, §33-2-6, §33-2-7), and require an insured to produce records (§33-2-8). Examinations under §33-2-9 reach "insurers, agents, brokers and solicitors," with access to books and records, for the express purpose of examining the activities, operations, financial condition, and affairs of all persons transacting the business of insurance in this state — so a West Virginia producer can be examined, not just an insurer. Notice and hearings (§§33-2-12, -13) carry judicial review (§33-2-14); §33-2-11 authorizes enforcement of orders, license revocation, and court action; §33-2-19 protects confidential information; §33-2-10a allows emergency suspension of deadlines in a declared insurance emergency.

Two penalty tracks. Under §33-11-6 the Commissioner issues a cease-and-desist order plus a tiered penalty: not more than $1,000 for each act or violation, aggregate cap $10,000; not more than $5,000 per act with an aggregate cap of $100,000 in any six-month period where the person knew or reasonably should have known he or she was in violation; not more than $10,000 for an intentional §33-11-4(9) unfair-claims-settlement violation even absent a general business practice; and not more than $250,000 where an insurer commits unfair claims settlement practices with such frequency as to indicate a general business practice (W. Va. Code §33-11-6(a)–(c); checked 2026-09-05). Violating a cease-and-desist order carries not more than $10,000 for each and every act or violation (§33-11-8) (checked 2026-09-05). Under §33-12-24(e) the Commissioner may impose a civil penalty not to exceed $5,000; failure to deliver it within 30 days of notice means suspension or revocation (checked 2026-09-05). The tiering — knowledge raises the price — is the tested concept.

2. Producer licensing

License required. §33-12-3 requires a license to sell, solicit, or negotiate insurance; §33-12-4 lists exceptions. West Virginia retains a legacy solicitor license, but no new solicitor licenses have issued since June 1, 1990, and no solicitors are permitted for life insurance agents (§33-12-19) — a West Virginia oddity that appears on the state portion.

Resident requirements (§33-12-6). Application is on the Uniform Application, declared true under penalty of refusal, suspension, or revocation. The Commissioner must find the applicant: is at least eighteen years of age (§33-12-6(a)(1); checked 2026-09-05); has committed no §33-12-24 ground; has completed the required prelicensing course of study for the lines applied for — required for both Life and Accident and Health or Sickness, with the Certificate of Pre-licensing Course Completion (or Form PL 789E) presented at the test center, and that certificate expires six months from its completion date (WVOIC Licensing and Education Division; Pearson VUE, "West Virginia Insurance Candidate Handbook," June 2026; checked 2026-09-05); no hour count per line is fixed by §33-12-6 or published by the WVOIC — [verify hours per line and for combined life-and-health] with Licensing & Education, (304) 558-0610; has paid the required fees — $25 under §33-12-10 plus $25 under §33-3-13, collected as the $50 resident producer license fee (W. Va. Code §§33-12-10, 33-3-13; WVOIC "FAQs For Resident Producers"; checked 2026-09-05); has passed the examination for each line; does not intend to use the license principally for controlled business — insuring self, family, or relatives (and, outside life and health, own property, employer, or firm; a vendor's or lender's security interest does not count as its own insurable interest here); and satisfies the Commissioner that he or she is trustworthy and competent. §33-12-37 authorizes a fingerprint-based criminal history record check, with the fee set by rule and currently $47.25, paid to IdentoGo when the applicant schedules (W. Va. Code §33-12-37(e); WVOIC Licensing and Education Division; checked 2026-09-05) — note the split source: the June 2026 Pearson VUE candidate handbook still prints the older $45.75 breakdown, so quote the WVOIC page. §33-12-6a covers residency and §33-12-6b agency licensing; the business entity (agency) producer license fee is $200 (W. Va. Code §33-12-10; WVOIC "FAQs For Resident Producers"; checked 2026-09-05).

The examination (§33-12-5). A resident applicant shall pass a written examination unless exempt under §33-12-14. It covers the lines applied for, producer duties and responsibilities, and West Virginia insurance law. The Commissioner may contract with an outside testing service to develop, administer, and collect fees; the current vendor is Pearson VUE, and the current book is the "West Virginia Insurance Candidate Handbook," June 2026 (WVOIC Licensing and Education Division; checked 2026-09-05). The applicant pays a $25 nonrefundable examination fee to the Commissioner (§33-12-6(a)(8)) plus the testing service's own fee, $84, due at reservation (Pearson VUE handbook, June 2026; checked 2026-09-05). Both the WV Life and the WV Accident and Health or Sickness examinations run 90 questions in 120 minutes, scaled passing score 70 (same handbook; checked 2026-09-05). Failing to appear or to pass requires reapplying with all fees and forms. There is a statutory cap on retakes: "An individual who fails to pass examination is limited to seven additional attempts to pass the examination" — seven additional attempts, eight sittings in all (W. Va. Code §33-12-5(e); checked 2026-09-05); most states have no such cap, so expect a question on the concept. Alternate routes in: exemption from examination (§33-12-14), nonresident licensing (§33-12-12), reciprocity (§33-12-33).

Lines of authority (§33-12-9). Life (including endowment and annuity benefits, optionally AD&D and disability income); accident and health or sickness; property; casualty; variable life and variable annuity products; personal lines; credit; and other permitted lines. Two points for this exam: annuities sit inside the life line (no separate license, but separate training — see §7), and variable products are their own line, also requiring FINRA registration West Virginia does not administer.

Duration, renewal, lapse. §33-12-9(b): the license remains in effect unless revoked or suspended, so long as the renewal fee is paid and the education requirements for resident individual producers are met by the due date — continuous but conditional. The licensee must give full name, physical and mailing address, and electronic mail address and inform the Commissioner within 30 days of any change to them (W. Va. Code §33-12-9(f); checked 2026-09-05). §33-12-17 lets the Commissioner fix expiration dates, defaulting to midnight May 31 following issuance; agency licenses expire midnight June 30. Current WVOIC practice ties individual renewal to the licensee's own expiration date: insurance producer and adjuster licenses expire on the last day of the licensee's birth month, biennially; business entity licenses expire June 30 annually; surplus lines licenses May 31 annually (WVOIC Licensing and Education Division, "License Renewal Deadlines"; checked 2026-09-05). The continuing-education biennium now runs to that same renewal date rather than to a fixed June 30 (WVOIC Producer Licensing Continuing Education page; checked 2026-09-05). On lapse, §33-12-9(c) allows reinstating the same license without retaking the exam within 12 months of the renewal fee due date, on payment of a penalty in the amount of double the unpaid renewal fee (W. Va. Code §33-12-9(c); checked 2026-09-05) — in current WVOIC practice a $50 late-renewal penalty for producers and $25 for business entities (WVOIC "FAQs For Resident Producers"; checked 2026-09-05); after that, back to prelicensing and examination.

Continuing education (§33-12-8). The Legislature set a ceiling and delegated the program to the Board of Insurance Agent Education (§33-12-7), which submits it annually for the Commissioner's approval. CE applies to producers licensed for life and accident and health or sickness (among other lines) and is measured biennially. No approved program may require more than 24 hours biennially, or more than 6 hours biennially for producers selling only preneed burial contracts or engaged solely in scripted telemarketing filed with and approved by the Commissioner (W. Va. Code §33-12-8(c)(1); checked 2026-09-05). An ethics component is required: 3 of the 24 hours must be courses approved and categorized as Ethics — and 3 of the 6 in the reduced preneed/telemarketing track as well (WVOIC, "Producer Resident Continuing Education"; WVOIC Producer Licensing Continuing Education page; checked 2026-09-05). Note where that number lives: §33-12-8 is silent on ethics, because the ethics minimum comes from the Board of Insurance Agent Education's program as approved by the Commissioner — read the WVOIC page, not just the statute. Carryover of up to 6 credit hours into the next reporting period is allowed for producers subject to more than the reduced minimum (§33-12-8(g); 114 CSR 42 §6.2), and ethics hours carried forward count only as general credit (WVOIC Producer CE; checked 2026-09-05). Approved professional association membership earns up to 2 hours per biennial reporting period, at 1 hour per 12 consecutive months of active membership (§33-12-8(f); 114 CSR 42 §6.5.b; checked 2026-09-05). Exempt: holders of limited line credit licenses or licenses requiring no exam, any limited/restricted license the Commissioner exempts, and producers selling credit life or credit accident and health (§33-12-8(b)); the rule adds expired and voluntarily cancelled licensees and all nonresident individual producers, and puts adjusters on their own track (114 CSR 42 §§4.1, 4.2; checked 2026-09-05). The producer furnishes written certification on the Commissioner's forms, executed by or for the course sponsor.

The CE failure cascade (§33-12-8(h)–(j)) — memorize it. Missing CE without an extension, or submitting a false or fraudulent certificate of compliance, causes automatic suspension, and no further license of any kind may issue until compliance is shown. The Commissioner notifies by electronic mail (or regular mail on request) at the last address on file. The producer may, within 30 calendar days of receipt of the notice, file a request for a hearing for reconsideration (W. Va. Code §33-12-8(i); checked 2026-09-05). Failure to comply by the last day of the biennium following suspension causes automatic cancellation, throwing the person back to the education and examination requirements of §33-12-5.

Nonresident (§33-12-12). Unless denied under §33-12-24, a nonresident shall receive a license if currently licensed as a resident and in good standing in the home state, has requested licensure and paid fees, holds a similar license awarded on the same basis for the same lines, submitted the home-state or uniform application, and the home state awards nonresident licenses to West Virginia residents on the same basis. §33-12-13 accommodates an agent resident in a municipality contiguous to the state line.

Temporary (§33-12-16). The Commissioner may issue a temporary license without examination for a period not to exceed 180 days (W. Va. Code §33-12-16(a); checked 2026-09-05) when necessary to service an insurance business: to the surviving spouse or court-appointed personal representative of a producer who dies or becomes mentally or physically disabled; to the designee of a producer entering active service in the Armed Forces; or where the Commissioner considers the public interest will best be served. The Commissioner may limit the licensee's authority by order, require a suitable sponsor (a licensed producer or insurer assuming responsibility for all the temporary licensee's acts), and revoke the license if insureds or the public are endangered. It may not continue after the owner or personal representative disposes of the business.

Grounds for discipline (§33-12-24). Probation, suspension, revocation, or refusal to issue or renew — plus a civil penalty — for: materially untrue or misleading application information; violating any insurance law, rule, subpoena, or order here or elsewhere; obtaining a license by misrepresentation or fraud; improperly withholding, misappropriating, or converting money or property received in the insurance business; intentionally misrepresenting the terms of a contract; felony conviction (and certain misdemeanors); fraudulent, coercive, or dishonest practices, or demonstrated incompetence, untrustworthiness, or financial irresponsibility; license action in another jurisdiction; forging a signature on an insurance document; cheating on a licensing examination; knowingly accepting business from an unlicensed person; noncompliance with a child support order; and failure to pay state income tax or comply with a related order.

Self-reporting (§33-12-34). Report any administrative action taken in another jurisdiction, or by another governmental agency in this state, within 30 days of the final disposition (order attached) and any criminal prosecution in any jurisdiction within 30 days of the initial pretrial hearing date (complaint attached) (W. Va. Code §33-12-34(a)–(b); checked 2026-09-05).