Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-8-9 - Notification of Issuance, Renewal or Termination of Coverage9.1. Except as provided in section 9.2 of this rule, upon cancellation of a West Virginia workers' compensation policy, every private carrier is required to notify the Insurance Commissioner's designated rating organization of the cancellation at least ten (10) calendar days in advance of the effective date of termination of the coverage. The notification shall be on forms and/or other procedures developed by the Insurance Commissioner.9.2. If an insured employer expressly requests in writing to the carrier that its West Virginia workers' compensation policy be cancelled, the private carrier shall notify the Insurance Commissioner's designated rating organization of said cancellation within ten (10) calendar days after receipt of the written request or any specified requested date of cancellation, whichever is later. Such a request by an insured employer shall not be deemed valid until received by the private carrier in writing.9.3. Upon issuance or renewal of a West Virginia workers' compensation policy, every private carrier is required to notify the Insurance Commissioner's designated rating organization of said issuance or renewal within thirty (30) calendar days after the effective date of coverage, including the effective date of coverage and the date of expiration of the new policy. Notification shall be on forms and/or other procedures developed by the Insurance Commissioner.9.4. If a carrier timely reports the information required by section 9.3 of this rule, it shall be deemed sufficient to meet the requirements of W. Va. Code § 23-2C-15(f)(2) as this code provision relates to refusals to renew.9.5. Failure of a private carrier to timely report information to tire Insurance Commissioner as required by sections 9.1, 9.2 and 9.3 of this rule may subject the private carrier to a fine not to exceed five hundred dollars ($500.00) per occurrence of untimely reporting.9.6. A private carrier may cancel a workers' compensation policy for failure of the policyholder to timely remit adequate consideration upon the issuance of advance written notification to the policyholder of no less than ten (10) calendar days. The refusal of a policyholder to;(a) permit a premium audit by a private carrier; or (b) to pay any applicable surcharge or assessment that the carrier is required to collect pursuant to chapter twenty-three of the West Virginia Code, is considered "failure of the policyholder to timely remit adequate consideration" for purposes of this section. The effective date of cancellation shall be no earlier than ten (10) calendar days after issuance of advance written notice.9.7. Except for the failure of the policyholder to timely remit adequate consideration, a private carrier may cancel a workers' compensation policy for reasons consistent with the terms of the policy, upon the issuance of advance written notification to the policyholder of no less than thirty (30) calendar days. The effective date of cancellation shall be no earlier than thirty (30) calendar days after issuance of advance written notice.9.8. A private carrier may decline to renew a workers' compensation policy upon the issuance of advance written notification to the policyholder, or, if the policyholder purchased the policy through an insurer through an agent, the agent, of not less than sixty (60) calendar days prior to the expiration date of the current policy.9.9. Any offer of renewal shall be sent to the policyholder, or, if the policyholder purchased the policy through an insurer through an agent, the agent, at least sixty (60) calendar days prior to the expiration date of the current policy. 9.10. All notifications and offers referenced in sections 9.5 through 9.9 of this rule must be forwarded to the insured or agent by mail. A cancellation, non-renewal or other termination of coverage must state with specificity the reason for and the specific effective date of the termination of coverage; Provided, That if the notification or offer is being sent to an agent, the carrier and agent may agree, pursuant to the provisions of W. Va. Code § 39A-1-8, to send the notification or offer electronically. All private carriers must maintain proof or certificate of mailing for all notices sent.