Current through Register Vol. XLI, No. 50, December 13, 2024
Section 114-3-3 - Informal Procedure For Review Of Complaint Regarding Cancellation Or Non renewal3.1. General. -- The procedure set forth in this section is recommended for persons filing a complaint with the insurance commissioner that their automobile liability insurance has been canceled or non renewed in violation of article six-a, chapter thirty-three of the West Virginia Code.3.2. Complaints filed in person or in writing. -- All complaints regarding automobile liability cancellation or nonrenewal may be filed with the insurance commissioner in person or in writing.a. Complaint filed in person. -- If the complainant desires to present the complaint in person he or she may do so by visiting the Office of the Insurance Commissioner in Charleston, West Virginia, on any weekday during regular business hours.b. Complaint filed in writing. -- If the complainant desires to submit the complaint in writing he or she should direct the written complaint to the Consumer Services Division within the Office of the Insurance Commissioner at its mailing address in Charleston, West Virginia.3.3. Policies and related correspondence needed for review. -- Whether the complaint be lodged in person or in writing, the complainant should attach his or her insurance policy and all related papers or correspondence received from the respondent insurer regarding the cancellation or nonrenewal. If the complaint is submitted in writing, a letter from the complainant, written in the narrative, should accompany the policy and related papers explaining generally the basis for the complaint.3.4. Decision that favors respondent insurer. -- If, upon review of the complaint, the insurance commissioner is of the opinion that there has been no violation of the insurance laws regarding cancellation and nonrenewal, the commissioner will explain to the complainant his or her rights and privileges under article six-a, chapter thirty-three of the West Virginia Code and why the facts presented would not be a violation of article six-a.3.5. Explanation by respondent insurer. -- If, upon review of the complaint, it is found by the insurance commissioner that the respondent insurer may have violated article six-a, chapter thirty-three of the West Virginia Code, the commissioner will contact the respondent insurer and require an explanation of the cancellation or nonrenewal.3.6. Letter of recommendation. -- If, after a review of information received from both the complainant and respondent insurer, the insurance commissioner is of the opinion that article six-a, chapter thirty-three of the West Virginia Code appears to have been violated by the respondent insurer, the commissioner will write a letter of recommendation to the insurer. This letter of recommendation will describe in what respects the respondent's decision to cancel or nonrenew the complainant's policy appears to violate the provisions of article six-a, chapter thirty-three of the West Virginia Code and will contain a recommendation by the insurance commissioner that the respondent insurer fully comply with those provisions.3.7. Variance in procedure not prejudicial. -- This section is to be construed as a guideline by which an aggrieved party may file a complaint with the insurance commissioner regarding cancellation or nonrenewal of automobile liability insurance in violation of article six-a, chapter thirty-three of the West Virginia Code and any variance by a complainant in the procedure recommended in this section shall not prejudice any rights or privileges of the complainant set forth in any insurance law or regulation of the state of West Virginia.3.8. Compliance with forty-five (45) day requirement. -- If a complainant lodges a complaint with the insurance commissioner that his or her automobile liability insurance policy has been canceled or nonrenewed in violation of article six-a, chapter thirty-three of the West Virginia Code, it will be construed by the insurance commissioner as an appeal for hearing and review for the purpose of satisfying the forty-five (45) day requirement within which time appeal to the insurance commissioner must be made as provided in section five, article six-a, chapter thirty-three of the West Virginia Code.