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WV Code § 33-6A-2 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6A. Cancellation or Nonrenewal of Automobile Liability Policies|§33-6A-2. Cancellation for Other Reasons Void

Any purported cancellation by an insurer of a policy of automobile liability insurance which has been in effect for sixty days and which has been renewed shall be void if the purported cancellation is contrary to section one of this article. For purposes of this article, the transfer of an insured between insurance companies within the same group is not considered a cancellation or nonrenewal of an automobile liability insurance policy if the transfer is based upon any valid underwriting reason involving a substantially increased risk associated with the policy.
WV Code § 33-6A-3 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6A. Cancellation or Nonrenewal of Automobile Liability Policies|§33-6A-3. Insurer to Specify Reasons for Cancellation; Immunity From Liability or Suit

In every instance in which a policy or contract of automobile liability insurance which has been in effect sixty days or which has been renewed is canceled by the insurer, the insurer or its duly authorized agent shall, in the notice of cancellation or at the written request of the named insured, specify the reason or reasons relied upon by the insurer for the cancellation. These reasons shall be stated in a written notice and shall, if not provided in the notice of cancellation, be made within thirty days after the request: Provided, That there shall be no liability on the part of, and no cause of action shall arise against, any insurer or its agents or its authorized investigative sources for any statements made with probable cause by the insurer, agent or investigative source in a written notice required to be given pursuant to this section. A notice of cancellation for nonpayment of premium is not void on the grounds that the notice includes the amount of premium due or the date by which payment was to be paid.
WV Code § 33-6A-4b (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6A. Cancellation or Nonrenewal of Automobile Liability Policies|§33-6A-4b. Manner of Making Election Relating to Nonrenewals

(a) Each insurer licensed to write automobile liability or physical damage insurance policies in this state, as of July 1, 2004, may elect to issue all nonrenewal notices either pursuant to section four or section four-a of this article. Each insurer may notify the commissioner of its election any time after July 1, 2004, and shall remain bound by the election for a period of five years. For each subsequent five-year period each insurer shall notify the commissioner of its election to issue all nonrenewal notices either pursuant to section four or section four-a of this article.(1) If no election is made by July 1, 2004, then, until July 1, 2005, the insurer shall continue to issue all nonrenewal notices pursuant to the existing nonrenewal provisions in section four prior to the amendments enacted therein by the acts of the Seventy-Sixth Legislature during the second session, 2004.(2) As of July 1, 2005, each insurer licensed to write automobile liability or physical damage insurance policies in this state, and that has not previously made an election under this section, shall elect to issue all nonrenewal notices either pursuant to section four or section four-a of this article. Each insurer which has not previously made an election must notify the commissioner of its election no later than July 1, 2005, and shall remain bound by the election for a period of five years. For each subsequent five-year period each insurer shall notify the commissioner of its election to issue all nonrenewal notices either pursuant to section four or section four-a of this article.(b) An insurer that is not licensed to write automobile liability or physical damage insurance policies in this state, as of July 1, 2004, but becomes licensed to write such policies after that date shall, no later than two years after the date the insurer becomes licensed to write such policies, make an election to issue all nonrenewal notices either pursuant to section four or section four-a of this article, and shall notify the commissioner of its election. If the insurer elects to issue all nonrenewal notices pursuant to section four-a of this article, the total number of nonrenewals may not exceed the percentage limitations set forth in section four-a of this article. An insurer first becoming licensed to issue automobile liability and physical damage insurance policies in this state after July 1, 2004, shall be bound by its election for a period of five years, and for each subsequent five-year period shall notify the commissioner of its election to issue all nonrenewal notices either pursuant to section four or section four-a of this article.(c) Notwithstanding any provision of this article to the contrary, a named insured by restrictive endorsement may specifically exclude from automobile liability or physical damage insurance policy an operator who has violated the provisions of subdivision (6) or (7), subsection (b), section four of this article.
WV Code § 33-6A-4c (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6A. Cancellation or Nonrenewal of Automobile Liability Policies|§33-6A-4c. Report to the Legislature

By January 1, 2009, the commissioner shall submit a report to the Legislature. The report shall contain the following:(1) An analysis of the impact of legislation enacted during the two thousand four legislative session upon rates and insurance availability in the state;(2) Statistics reflecting the rate history of insurers conducting business in West Virginia from July 1, 2004, until July 1, 2008.
WV Code § 33-6A-5 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6A. Cancellation or Nonrenewal of Automobile Liability Policies|§33-6A-5. Hearings and Review by Commissioner; Action by Commissioner; Judicial Review

For the implementation of this article and for advising all persons of their rights and privileges under this article, the commissioner, by regulation and in accordance with section thirteen, article two of this chapter, shall establish a procedure whereby any person whose automobile liability insurance policy has been cancelled or whose policy has not been renewed without proper notice being given to such insured, may within forty-five days after the mailing of notice of cancellation or nonrenewal appeal such cancellation or nonrenewal to the commissioner for hearing and review. The appeal and hearing shall relate to the ground or grounds upon which the insurer's action is based. The commissioner after such hearing may affirm the insurer's cancellation or nonrenewal, or may reinstate the policy and if reinstated such policy shall become effective from the date of cancellation or nonrenewal. Either party may appeal the commissioner's ruling to the circuit court of the county in which the applicant or the insured resides in accordance with section fourteen, article two of this chapter.
WV Code § 33-6B-1 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6B. Declination of Automobile Liability Insurance|§33-6B-1. Purpose of Article

The purpose of this article is to regulate the declination of automobile liability policies.
WV Code § 33-6B-2 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6B. Declination of Automobile Liability Insurance|§33-6B-2. Definitions

Declination means either the refusal of an insurer to issue an automobile liability insurance policy upon receipt of a written nonbinding application or written request for coverage from its agent or an applicant. For the purposes of this article, the offering of insurance coverage with a company within an insurance group which is different from the company requested on the nonbinding application or written request for coverage, or the offering of policy coverage or rates substantially less favorable than requested in the nonbinding application or written request for coverage, shall not be considered a declination. Further, for the purposes of this article "declination" shall include the cancellation of an automobile liability policy which has been in effect less than sixty days and the nonrenewal of an automobile liability policy which has been in effect less than two years.
WV Code § 33-6B-3 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6B. Declination of Automobile Liability Insurance|§33-6B-3. Declinations; Prohibited Reasons

The declination of an application for a private passenger policy of automobile liability insurance by an insurer, agent or broker is prohibited if the declination is:(a) Based upon the race, religion, nationality or ethnic group, of the applicant or named insured;(b) Based solely upon the lawful occupation or profession of the applicant or named insured, unless the decision is for a business purpose that is not a mere pretext for unfair discrimination: Provided, That this provision does not apply to any insurer, agent or broker that limits its market to one lawful occupation or profession or to several related lawful occupations or professions;(c) Based upon the principal location of the insured motor vehicle unless the decision is for a business purpose which is not a mere pretext for unfair discrimination;(d) Based solely upon the age, sex or marital status of an applicant or an insured, except that this subsection does not prohibit rating differentials based on age, sex or marital status;(e) Based upon the fact that the applicant has previously obtained insurance coverage with a substandard insurance carrier;(f) Based upon the fact that the applicant has not previously been insured;(g) Based upon the fact that the applicant did not have insurance coverage for a period of time prior to the application;(h) Based upon the fact that the applicant or named insured previously obtained insurance coverage through a residual market insurance mechanism;(i) Based upon the fact that another insurer previously declined to insure the applicant or terminated an existing policy in which the applicant was the named insured;(j) Based solely upon an adverse credit report or adverse credit scoring.Nothing in this section may be construed to prohibit an insurer, agent or broker from using legitimate, documented, underwriting data in making their own independent risk assessment of an applicant for insurance.
WV Code § 33-6B-4 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6B. Declination of Automobile Liability Insurance|§33-6B-4. Notification

In the event of a declination, the insurer shall, within thirty days of the receipt of the written nonbinding application or written request for coverage provide the applicant reasons for such declination.
WV Code § 33-6B-5 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6B. Declination of Automobile Liability Insurance|§33-6B-5. Hearings and Administrative Procedure

Hearings for the violation of any provision of this article, and the administrative procedure prior to, during, and following these hearings shall be conducted in accordance with the provisions of article two of this chapter.
WV Code § 33-6B-6 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6B. Declination of Automobile Liability Insurance|§33-6B-6. Sanctions

If the commissioner determines in a final order that:(a) An insurer has violated section three or four of this article, he may require the insurer to:(1) Accept the application or written request for insurance coverage at a rate and on the same terms and conditions as are available to its other risks with similar characteristics; or(2) Reinstate insurance coverage to the end of the policy period; or(3) Continue insurance coverage at a rate and on the same terms and conditions as are available to its other risks with similar characteristics.(b) Any person has violated any provision of this article, he may:(1) Issue a cease and desist order to restrain the person from engaging in practices which violate this article;(2) Assess a penalty against the person of up to $5,000 for each willful and knowing violation of this article.
WV Code § 33-6B-7 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6B. Declination of Automobile Liability Insurance|§33-6B-7. Severability

If any provision of this article or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the article and the application of such provision to other persons or circumstances shall not be affected thereby.
WV Code § 33-6C-1 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6C. Guaranteed Loss Ratios as Applied to Individual Sickness and Accident Insurance Policies|§33-6C-1. Loss Ratio Guarantees; Definitions

As used in this article:(a) "Commissioner" means the Insurance Commissioner of West Virginia;(b) "Experience period" means, for any given rate filing for which a loss ratio guarantee is made, the period beginning on the first day of the calendar year during which the guaranteed rates first take effect and ending on the last day of the calendar year during which the insurer earns $1 million in premiums on the form in West Virginia or, if the annual premium earned on the form in West Virginia is less than $1 million, earns nationally;(c) "Form" means individual sickness and accident policy forms of any insurer offering such benefits, other than a form for a limited benefits policy or certificate as defined in section two, article sixteen-e of this chapter;(d) "Loss ratio" means the ratio of incurred claims to earned premium; and(e) "Successive experience period" means the experience period beginning on the first day following the end of the preceding experience period.
WV Code § 33-6C-2 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6C. Guaranteed Loss Ratios as Applied to Individual Sickness and Accident Insurance Policies|§33-6C-2. Insurance Commissioner to Establish Guaranteed Loss Ratios; Minimum Rates; Participation by Insurer; Calculation of Ratios; Minimum Rate; Application

(a) The Insurance Commissioner shall establish a guaranteed loss ratio which may be implemented by any insurer offering individual sickness and accident insurance policies other than limited benefits accident and sickness insurance policies or certificates, which are subject to loss ratio requirements set forth in sections three and four, article sixteen-e of this chapter. The loss ratios shall be calculated by the commissioner and each individual insurer and shall be based upon studies and relevant information collected from various sources, including, but not limited to, the health care cost review authority and the national association of Insurance Commissioners' rate filing guidelines: Provided, That the guaranteed loss ratio shall not be less than sixty percent. The guaranteed loss ratio for each insurer shall be published by the Insurance Commissioner in the register maintained by the Secretary of State.(b) The guaranteed loss ratio shall be based upon experience periods during which the insurer earns $1 million in premium in West Virginia: Provided, That if the annual earned premium volume in West Virginia is less than $1 million, the loss ratio guarantee shall be based on such other actuarially sound methods as the commissioner may determine are appropriate, including, but not limited to, the actual nationwide loss ratios: Provided, however, That if the aggregate earned premium for all states is less than $1 million , the experience period will be extended until the end of the calendar year in which $1 million of earned premium is attained.(c) Any insurer may apply to the commissioner to operate on a guaranteed loss ratio basis. The Insurance Commissioner may review each application and, in his or her discretion, approve or reject the same. Any insurer approved by the commissioner shall be exempt from filing rate increase applications as required by the commissioner and other provisions of this chapter.
WV Code § 33-6C-3 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6C. Guaranteed Loss Ratios as Applied to Individual Sickness and Accident Insurance Policies|§33-6C-3. Duties of Insurance Commissioner; Promulgation of Rules

(a) The Insurance Commissioner shall promulgate rules and regulations pursuant to chapter twenty-nine-a of this code establishing procedures for implementing the provisions of this article.(b) The commissioner shall have the authority to examine the records and files of any insurer to determine compliance with the provisions of this article, the costs of which such examination shall be borne by the insurer.(c) The Insurance Commissioner shall develop all forms, contracts or other documents to be used for the purposes outlined in this article.
WV Code § 33-6C-4 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6C. Guaranteed Loss Ratios as Applied to Individual Sickness and Accident Insurance Policies|§33-6C-4. Form of Guarantee; Requirements

(a) Individual sickness and accident policy benefits under a policy form other than a limited benefits policy form or certificate shall be deemed reasonable in relation to the premium charged, as required by subdivision (e), section nine, article six of this chapter, if the premium rates are filed pursuant to a loss ratio guarantee which meets the requirements of this article. The Insurance Commissioner shall not withdraw approval of a form on the grounds that benefits are unreasonable in relation to premiums charged so long as the insurer complies with the terms of the loss ratio guarantee.(b) Each insurer of individual sickness and accident policy benefits other than benefits under limited benefits policy forms or certificates shall execute and deliver to the Insurance Commissioner a loss ratio guarantee, to be provided by the commissioner, which guarantee shall be signed by an officer of the insurer.(c) Each loss ratio guarantee shall contain, at a minimum, the following:(1) A recitation of the anticipated lifetime and durational target loss ratios contained in the original actuarial memorandum filed with the policy form when it was originally approved;(2) A guarantee that the actual West Virginia loss ratios for the experience period in which the new rates take effect, and for each experience period thereafter until new rates are filed, will meet or exceed the anticipated lifetime and durational target loss ratios contained in the original actuarial memorandum noted above;(3) A guarantee that the actual West Virginia or, if applicable, national, loss ratio results for the experience period at issue will be independently audited at the insurer's expense; that such audit will be completed in the second quarter of the year following the end of the experience period; and that the results of such audit will be reported to the Insurance Commissioner not later than June 30 following the end of the experience period;(4) A guarantee that if the actual loss ratio during an experience period is less than the anticipated loss ratio for that period, then West Virginia policyholders will receive a proportional refund based on premium earned, which refunds shall be calculated and paid pursuant to section thirty-nine of this article; and(5) A guarantee that the insurer does not engage in any discriminatory practices prohibited by section four, article eleven of this chapter or any such practice which discriminates against any individual on the basis of his or her legal occupation, race, religion or residence.
WV Code § 33-6C-5 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6C. Guaranteed Loss Ratios as Applied to Individual Sickness and Accident Insurance Policies|§33-6C-5. Premium Refunds; Calculation of the Same; Payments

(a) Refunds to West Virginia policyholders made pursuant to section four of this article and based upon annual earned premium volume in West Virginia shall be calculated by multiplying the anticipated loss ratio by the applicable earned premium during the experience period and subtracting from that result the actual incurred claims during the experience period.(b) Refunds to West Virginia policyholders made pursuant to section four of this article and based upon national annual earned premium volume shall be calculated by:(1) Multiplying the anticipated loss ratio by the applicable earned premium during the experience period and subtracting from that result the actual incurred claims during the experience period; and(2) Multiplying the results of subsection (1) by the total earned premium during the experience period from all West Virginia policyholders eligible for refunds; and(3) Dividing the results of subsection (2) by the total earned premium during that period in all states on the policy form.(c) Refunds must be made to all West Virginia policyholders who are insured under the applicable policy form as of the last day of the experience period. Such refund shall include interest, at the current accident and health reserve interest rate established by the national association of Insurance Commissioners, from the end of the experience period until the date of payment. Payment shall be made during the third quarter of the year following the experience period for which a refund is determined to be due.(d) Refunds of less than $10 shall be aggregated and held by the insurer in a policyholder's liability fund and shall be used to offset any future rate increases.
WV Code § 33-6C-6 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 6C. Guaranteed Loss Ratios as Applied to Individual Sickness and Accident Insurance Policies|§33-6C-6. Disclosure of Rating Practices; Renewability Provisions

Each insurer providing individual sickness and accident policy benefits shall make reasonable disclosure in solicitation and sales materials provided to individuals of the following:(a) The extent to which premium rates for individuals are established or adjusted according to the claim experience, health status or duration of coverage of the individual or his or her dependents;(b) Provisions concerning the insurer's right to change premium rates and factors, including case characteristics, which affect changes in premium rates;(c) A description of the class of insureds to which the individual is or will be included; and(d) Provisions relating to renewability of coverage.