West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-63 - Standard Motor Vehicle Policy Provisions › Section 114-63-3 - Liability Insurance Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All
				motor vehicle liability policies shall contain a provision insuring the named
				insured and any other person responsible for the use of or using the motor vehicle
				with the consent, express or implied, of the named insured or his or her spouse. W.
				Va. Code §
									33-6-31(a).
3.2. All motor vehicle liability policies shall
				contain a provision insuring against liability for death or bodily injury sustained,
				or loss or damage occasioned, as a result of negligence in the ownership,
				maintenance or use of the vehicle. W. Va. Code §
									33-6-31(a).
3.3. All motor vehicle liability policies shall
				contain a provision providing primary coverage to the named insured and to any other
				person who normally operates the covered vehicle, if he or she is instead operating
				a motor vehicle owned by one engaged in the business of selling, repairing, leasing
				or servicing motor vehicles, without separate consideration, while the insured's
				motor vehicle is in the custody of one engaged in said business of selling,
				repairing, leasing or servicing motor vehicles. W. Va. Code §
									33-6-29.
3.4. All motor vehicle liability policies shall
				contain coverage for liability under the family purpose doctrine. W. Va. Code §
									33-6-31(a).
3.5. Motor vehicle liability policies shall not
				contain family member exclusions.
3.6.
				Motor vehicle liability policies shall not contain terms for cancellation or
				non-renewal less favorable to the insured than those set forth in W. Va. Code
				§33-6A.
3.7. Motor vehicle
				liability policies shall not contain any condition, stipulation or agreement
				requiring the policy to be construed according to the laws of any other state or
				country, except as necessary to meet the requirements of the motor vehicle financial
				responsibility laws or compulsory disability benefit laws of such other state or
				country. W. Va. Code §
									33-6-14.
3.8. Motor vehicle liability policies shall not
				contain any condition, stipulation or agreement limiting the time within which a
				claim may be brought to less than two years from the time the cause of action
				accrues. W. Va. Code §
									33-6-14.
3.9. Motor vehicle liability policies may contain
				a provision excluding coverage for the negligence of a driver operating the motor
				vehicle without the consent, express or implied, of the named insured (or his or her
				spouse).
3.10. Motor vehicle liability
				policies may contain a provision with respect to the negligence of any bailee for
				hire. W. Va. Code §
									33-6-31(a).
3.11. Motor vehicle liability policies may contain
				an exclusion for intentional torts above the minimum financial liability limits
				under W. Va. Code §
									17D-4-2.
3.12. Motor vehicle liability policies may contain
				a restricted named driver exclusion endorsement above the minimum financial
				liability limit under W. Va. Code §
									17D-4-2.
				The restricted named driver exclusion must specifically designate by name the
				individual or individuals to be excluded.
3.13. Motor vehicle liability policies may contain
				a provision which precludes stacking.
3.14. Motor vehicle liability policies may contain
				a "duty to cooperate" clause provided that before an insurance policy will be voided
				because of the insured's failure to cooperate, the failure must be substantial and
				of such nature as to prejudice the insurer's rights.
3.15. Any coverage issued under a substandard risk
				motor vehicle insurance policy shall contain the notice set forth in W. Va. Code
				§
									33-6-31c.