(a) No contract of insurance placed by a surplus lines licensee under this article shall be binding upon the insured and no premium or fee charged shall be due and payable until the surplus lines licensee shall have notified the insured in writing, in a form acceptable to the commissioner, a copy of which shall be maintained by the licensee with the records of the contract and available for possible examination, that:(1) The insurer with which the licensee places the insurance is not licensed by this state and is not subject to its supervision; and(2) In the event of the insolvency of the surplus lines insurer, losses will not be paid by the state insurance guaranty fund.(b) Nothing herein contained shall nullify any agreement by any insurer to provide insurance.
West Virginia Legal Code