W. Va. Code R. § 115-10-3

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

Section 115-10-3 - Reporting Requirements

3.1. Every insured entity shall establish a contact person within the insured entity to facilitate proper and timely reporting to the Board of all incidents, claims, or lawsuits. Each insured entity shall notify the Board's claim manager when the contact person is established or changed, and shall provide the name, telephone number, mailing address, and email address for the contact person.

3.2. Every insured entity shall establish internal claim reporting procedures to ensure timely reporting to the board of all incidents, claims, or lawsuits.

3.3. When practicable, the insured entities shall report all incidents, claims, or lawsuits to the Board by completing the insurance loss notice form and immediately submitting the completed form to the Board by the methods set forth in subsection 4.6. of this rule.

3.4. If the insured entity is unable to access the insurance loss notice form, the insured entity should instead notify the Board of the incident, claim, or lawsuit by sending written correspondence by any of the methods in subsection 4.5. that includes the following:

3.4.1. Name and mailing address of the insured entity;

3.4.2. The insured entity's certificate of insurance number that has been assigned to the insured entity by the Board;

3.4.3. The name of the insured entity's contact person including his or her contact information;

3.4.4. The date of the incident and a brief description of the incident;

3.4.5. The name of the person who was injured or damaged including known contact information for the person;

3.4.6. The nature of any injuries or damages; and

3.4.7. The name and contact information of the individual making the report.

3.5. If the reportable claim is a lawsuit or other legal notice, the insured entity shall attach a full and complete copy of the legal documents to a completed insurance loss notice form and submit it immediately to the Board's claim manager. In the absence of a completed insurance loss notice form, the insured entity shall attach a complete copy of the legal documents to a cover letter identifying the insured entity and providing the name, telephone number, mailing address, and email address for the insured entity's contact person.

3.6. Claims or incidents made pursuant to the terms of a cyber liability insurance policy provided by the Board to the State of West Virginia as defined in subdivision 2.6.1. or any Board of Education should be reported through the West Virginia Office of Technology's Online Computer Security and Privacy Incident Reporting System found on the West Virginia Office of Technology's website, or by contacting the Board's claim manager.

3.7. Insurance loss notice forms and lawsuits or legal notices of claims should be submitted electronically to brim.claims@wv.gov. Should that methodology not be available, they may be submitted to the Board's claim manager by United States mail, fax, or hand delivery.

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W. Va. Code R. § 115-10-3