W. Va. Code R. § 114-38-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-38-5 - Mandatory Continuation of Coverage Upon Timely Request

5.1. As to all policies which have been in existence for a continuous period of two full years the insurer must issue a separate policy to any named insured or spouse of a named insured when:

5.1.1. The named insured has died;

5.1.2. The named insured has become legally separated from their spouse; or

5.1.3. The named insured has terminated their marital relationship with their spouse; and

5.1.4. The named insured or the named insured's spouse has made a request to the insurer for the issuance of their own policy and the request was made within thirty (30) days of the expiration or termination of the policy.

5.2. The named insured or spouse of the named insured may make a request for their own policy either in writing to the home office of the insurer or in writing or orally to a local agent of the insurer. In the event of an oral request, the insurer must within thirty (30) days of the request either:

5.2.1. Provide a written confirmation of the request to the named insured or spouse of the named insured; or

5.2.2. Issue a policy to the named insured or spouse of the named insured.

5.3. Property and casualty insurers which are organized for the sole purpose of providing insurance policies to members of a particular organization and which have provisions in their by-laws which prohibit the sale of insurance policies to nonmembers of that organization may condition the issuance of the policies addressed in this rule upon the named insureds' or spouse of the named insureds' continued membership in the organization. If the issuance of a policy is made mandatory by this rule, membership or continued membership in the subject organization shall be offered to the named insured or spouse of the named insured.

W. Va. Code R. § 114-38-5