W. Va. Code R. § 114-63-2

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

Section 114-63-2 - Definitions

2.1. "Motor Vehicle" means a car, auto, or other synonym as such word is defined in the policy.

2.2. "Underinsured Motor Vehicle" means a motor vehicle with respect to the ownership, operation or use of which there is liability insurance applicable at the time of the accident but the limits actually available to the injured person in question are less than the total amount of damages sustained by the injured person regardless of the comparison between such liability insurance limits actually available and the underinsured motorist coverage limits.

2.3. "Uninsured Motor Vehicle" means a motor vehicle as to which there is no:

a. Bodily injury liability insurance and property damage liability insurance, or

b. There is such insurance, but the insurance company writing the same denies coverage thereunder; and

c. There is no certificate of self insurance.

A motor vehicle shall be deemed to be uninsured if the owner or operator thereof be unknown. W. Va. Code § 33-6-31(c). A motor vehicle shall also be deemed to be uninsured if there has been a valid bodily injury or property damage liability policy issued upon such vehicle but the policy is uncollectible, in whole or in part, by reason of the insurance company being insolvent or having been placed in receivership. W. Va. Code § 33-6-31(j).

W. Va. Code R. § 114-63-2