W. Va. Code R. § 114-63-3

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

Section 114-63-3 - Liability Insurance Provisions

3.1. All motor vehicle liability policies shall contain a provision insuring the named insured and any other person responsible for the use of or using the motor vehicle with the consent, express or implied, of the named insured or his or her spouse. W. Va. Code § 33-6-31(a).

3.2. All motor vehicle liability policies shall contain a provision insuring against liability for death or bodily injury sustained, or loss or damage occasioned, as a result of negligence in the ownership, maintenance or use of the vehicle. W. Va. Code § 33-6-31(a).

3.3. All motor vehicle liability policies shall contain a provision providing primary coverage to the named insured and to any other person who normally operates the covered vehicle, if he or she is instead operating a motor vehicle owned by one engaged in the business of selling, repairing, leasing or servicing motor vehicles, without separate consideration, while the insured's motor vehicle is in the custody of one engaged in said business of selling, repairing, leasing or servicing motor vehicles. W. Va. Code § 33-6-29.

3.4. All motor vehicle liability policies shall contain coverage for liability under the family purpose doctrine. W. Va. Code § 33-6-31(a).

3.5. Motor vehicle liability policies shall not contain family member exclusions.

3.6. Motor vehicle liability policies shall not contain terms for cancellation or non-renewal less favorable to the insured than those set forth in W. Va. Code §33-6A.

3.7. Motor vehicle liability policies shall not contain any condition, stipulation or agreement requiring the policy to be construed according to the laws of any other state or country, except as necessary to meet the requirements of the motor vehicle financial responsibility laws or compulsory disability benefit laws of such other state or country. W. Va. Code § 33-6-14.

3.8. Motor vehicle liability policies shall not contain any condition, stipulation or agreement limiting the time within which a claim may be brought to less than two years from the time the cause of action accrues. W. Va. Code § 33-6-14.

3.9. Motor vehicle liability policies may contain a provision excluding coverage for the negligence of a driver operating the motor vehicle without the consent, express or implied, of the named insured (or his or her spouse).

3.10. Motor vehicle liability policies may contain a provision with respect to the negligence of any bailee for hire. W. Va. Code § 33-6-31(a).

3.11. Motor vehicle liability policies may contain an exclusion for intentional torts above the minimum financial liability limits under W. Va. Code § 17D-4-2.

3.12. Motor vehicle liability policies may contain a restricted named driver exclusion endorsement above the minimum financial liability limit under W. Va. Code § 17D-4-2. The restricted named driver exclusion must specifically designate by name the individual or individuals to be excluded.

3.13. Motor vehicle liability policies may contain a provision which precludes stacking.

3.14. Motor vehicle liability policies may contain a "duty to cooperate" clause provided that before an insurance policy will be voided because of the insured's failure to cooperate, the failure must be substantial and of such nature as to prejudice the insurer's rights.

3.15. Any coverage issued under a substandard risk motor vehicle insurance policy shall contain the notice set forth in W. Va. Code § 33-6-31c.

W. Va. Code R. § 114-63-3