§33-6-1. Scope of Article
This article shall not apply to reinsurance.
§33-6-10. Standard Provisions
(a) Insurance contracts shall contain such standard provisions as are required by the applicable provisions of this chapter pertaining to contracts of particular kinds of insurance. The commissioner may waive the required use of a particular standard provision in a particular insurance policy form, if he finds such provision unnecessary for the protection of the […]
§33-6-11. Contents of Policy
Every policy, except surety and group policies, shall specify the names of the parties to the contract, the insurer's name, the subject of the insurance, the risks insured against, the time the insurance coverage becomes effective and the term during which such coverage continues, the premium (or if the exact amount of premium is determinable […]
§33-6-11a. Right to Return Medicare Supplement Policy, Certificate or Contract
Medicare supplement or limited benefit Medicare supplement policies, certificates or contracts (as such terms are defined by regulations issued by the commissioner) issued to persons eligible for Medicare by reason of age, other than those issued pursuant to direct response solicitation, shall have a notice prominently printed on the first page of the policy, certificate […]
§33-6-11b. Right to Return Life or Accident and Sickness Insurance Policy, Certificate or Contract
All life or sickness and accident insurance policies, certificates or contracts issued to persons in this state shall have a notice prominently printed on the first page of the policy, certificate or contract stating in substance that the insured person or person obtaining the policy shall have the right to return the policy, certificate or […]
§33-6-12. Additional Contents of Policy
A policy may contain additional provisions not inconsistent with this chapter and which are: (a) Required to be inserted by the laws of the insurer's domicile; (b) Necessary, because of the manner in which the insurer is constituted or operated, in order to state the rights and obligations of the parties; or (c) Desired by […]
§33-6-13. Policy Provisions as to Charter, Bylaws, or Other Documents
No policy shall contain any provision purporting to make any portion of the charter, bylaws or other constituent document of the insurer a part of the contract unless such portion is set forth in full in the policy. Any policy provision in violation of this section shall be invalid. This section shall not apply to […]
§33-6-14. Certain Policy Conditions, etc., Voided
No policy delivered or issued for delivery in West Virginia and covering a subject of insurance resident, located, or to be performed in West Virginia, shall contain any condition, stipulation or agreement requiring such policy to be construed according to the laws of any other state or country, except as necessary to meet the requirements […]
§33-6-14a. Public Liability Insurance Policies Issued to Charitable Associations to Contain Provision for Waiving of Charitable Immunity Defense
Any policy or contract of public liability insurance providing coverage for public liability sold, issued, or delivered in this state to any religious or charitable corporation or association, either directly or to the trustees of such associations, shall be read so as to contain a provision of endorsement whereby the company issuing such policy waives, […]
§33-6-15. Execution of Policies
Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney-in-fact, employee, or representative duly authorized by the insurer. A facsimile signature of any such executing individual may be used in lieu of an original signature, except that in all policies other than those approved for […]
§33-6-15a. Notation of Consumer Cost Savings
Each policy issued following enactment of this provision during the two thousand five regular session, during the year following the effective date, shall display in a prominent location on the policy itself or on an insert included with each policy and provided to each policyholder, statements as following: (1) "YOUR COSTS FOR THIS POLICY (HAVE/HAVE […]
§33-6-16. Underwriters' and Combination Policies
(a) Two or more licensed insurers may jointly issue, and shall be jointly and severally liable on, an underwriters' policy bearing their names. Any one insurer may issue policies in the name of an underwriter's department and such policy shall plainly show the true name of the insurer. (b) Two or more insurers may, with […]
§33-6-17. Validity of Noncomplying Forms
Any insurance policy, rider, or endorsement hereafter issued and otherwise valid which contains any condition or provision not in compliance with the requirements of this chapter, shall not be thereby rendered invalid but shall be construed and applied in accordance with such conditions and provisions as would have applied had such policy, rider, or endorsement […]
§33-6-18. Binders
(a) Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable endorsements as are designated in the binder, except as superseded by the clear and express terms […]
§33-6-19. Renewal of Policy by Certificate or Endorsement
Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option of the insurer and upon a currently authorized policy form and at the premium rate then required therefor for a specific additional period or periods by certificate or by endorsement of […]
§33-6-2. Insurable Interest in One's Own Life or Life of Another; Actions to Recover Benefits; Insurable Interests Defined; Requirements for Charitable Institutions
(a) Any individual of competent legal capacity may procure or effect an insurance contract upon his own life or body for the benefit of any person. But no person shall procure or cause to be procured any insurance contract upon the life or body of another individual unless the benefits under such contract are payable […]
§33-6-20. Assignment of Policies
Whenever the insured in a policy owned by him has reserved to himself the right to change the beneficiary thereunder, the insured shall have the right to and may assign said policy to the extent permitted by the terms thereof as collateral security for a loan or loans, or for any other purpose without any […]
§33-6-21. Annulment of Liability Policies
No insurance policy insuring against loss or damage through legal liability for the bodily injury or death by accident of any individual, or for damage to the property of any person, shall be retroactively annulled by any agreement between the insurer and the insured after the occurrence of any such injury, death, or damage for […]
§33-6-22. Payment Discharges Insurer
Whenever the proceeds of or payments under a life or accident and sickness policy or annuity contract heretofore or hereafter issued become payable in accordance with the terms of such policy or contract, or the exercise of any right or privilege thereunder, and the insurer makes payment thereof in accordance with the terms of the […]
§33-6-24. Simultaneous Deaths
Where the individual insured or the annuitant and the beneficiary designated in a life policy or policy insuring against accidental death or in an annuity contract have died and there is not sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy or contract shall be distributed as if the insured […]