W. Va. Code R. § 114-63-4

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

Section 114-63-4 - Uninsured Motor Vehicle Insurance Provisions

4.1. All motor vehicle policies shall contain a provision undertaking to pay the insured all sums which he or she shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle up to the limit selected by the named insured on a properly completed form pursuant to W. Va. Code § 33-6-31d.

4.2. Uninsured motor vehicle coverage shall not contain family member exclusions.

4.3. Uninsured motor vehicle coverage shall not contain a provision requiring arbitration. W. Va. Code § 33-6-31(g).

4.4. Uninsured motor vehicle coverage may contain a provision excluding the first three hundred dollars of property damage but shall not contain any other deductible or setoff up to the limits of the uninsured motorist coverage. W. Va. Code § 33-6-31(b).

4.5. Uninsured motor vehicle coverage may contain a provision requiring that the insured use reasonable diligence, upon learning that the tortfeasor is uninsured, to provide notice of any potential uninsured motor vehicle claim within a reasonable period of time.

4.6. Uninsured motor vehicle coverage may contain an "owned but not insured exclusion" precluding benefits above the minimum financial responsibility limits contained in W. Va. Code § 17D-4-2.

4.7. Uninsured motor vehicle coverage may contain a provision excluding benefits for injuries which result from a motor vehicle collision which occurs within the course and scope of employment but only with respect to fault of the employer or co-employee and not with regard to the fault of a third party.

4.8. With regard to uninsured motor vehicle coverage in the event of negligence by an unknown tortfeasor, the policy may contain a provision requiring a close and substantial physical nexus between the unidentified hit and run vehicle and the insured vehicle. "Close and Substantial Physical Nexus" means evidence which can be established by independent third-party testimony to the satisfaction of the trial judge and the jury that, but for the immediate evasive action of the insured, direct physical contact would have incurred between the unknown motor vehicle and the victim.

4.9. Uninsured motor vehicle coverage may contain a provision providing for the right of subrogation against the tortfeasor up to the amount paid under the uninsured motor vehicle endorsement, consistent with W. Va. Code § 33-6-31(f).

4.10. Uninsured motor vehicle coverage may include an exclusion for punitive damage liability.

W. Va. Code R. § 114-63-4