(a) No mass marketed life or health insurance including mass marketed life or health insurance under a group or blanket policy issued outside this state to residents of this state, shall be effected on persons in this state until the commissioner finds that the total charges for the insurance to the persons insured are reasonable in relation to the benefits provided.
(1) "Direct response solicitation" means any offer by an insurer to persons in this state, either directly or through a third party, to effect life or health insurance coverage which enables the individual to apply or enroll for the insurance on the basis of the offer. It shall not include solicitations for insurance through an employee benefit plan which is defined in P.L. 90-406, 88 Stat. 829, nor shall it include such a solicitation through the individual's creditor with respect to credit life or credit health insurance.
(2) "Mass marketed life or health insurance" for purposes of this article, means the insurance under any individual, franchise, group or blanket policy of life or health insurance which is offered by means of direct response solicitation through a sponsoring organization or through mails or other mass communications media and under which the person insured pays all or substantially all of the cost of his or her insurance.
(b) Any insurer extending mass marketed life or health insurance under a group or blanket policy issued outside this state to residents of this state shall comply with respect to such insurance with the requirements of this state relating to advertising and to claim settlement practices.
Structure West Virginia Code
Article 6. The Insurance Policy
§33-6-3. Insurable Interest in Property
§33-6-4. Who May Contract for Insurance; Competency of Minors
§33-6-5. Application or Consent of Person Insured Required; Exceptions
§33-6-6. Application for Insurance as Evidence
§33-6-7. Representations in Applications
§33-6-9. Grounds for Disapproval of Forms
§33-6-11a. Right to Return Medicare Supplement Policy, Certificate or Contract
§33-6-11b. Right to Return Life or Accident and Sickness Insurance Policy, Certificate or Contract
§33-6-12. Additional Contents of Policy
§33-6-13. Policy Provisions as to Charter, Bylaws, or Other Documents
§33-6-14. Certain Policy Conditions, etc., Voided
§33-6-15. Execution of Policies
§33-6-15a. Notation of Consumer Cost Savings
§33-6-16. Underwriters' and Combination Policies
§33-6-17. Validity of Noncomplying Forms
§33-6-19. Renewal of Policy by Certificate or Endorsement
§33-6-20. Assignment of Policies
§33-6-21. Annulment of Liability Policies
§33-6-22. Payment Discharges Insurer
§33-6-26. Acts of Insurer Not Constituting Waiver of Policy Provisions or Defenses Thereunder
§33-6-27. Life Insurance Proceeds Exempt From Creditors
§33-6-28. Group Life Insurance Proceeds Exempt From Creditors
§33-6-30. Construction of Policies
§33-6-31a. Rates Charged for Uninsured Motorist Coverage
§33-6-31b. Nondiscriminatory Automobile Insurance Rates for Handicapped Persons
§33-6-31d. Form for Making Offer of Optional Uninsured and Underinsured Coverage
§33-6-31g. Electronic Insurance Verification Program; Insurer's Duty to Cooperate
§33-6-31h. Excluded Drivers; Definitions; Legislative Findings; Restrictive Endorsements
§33-6-32. Newly Born Children to Be Covered by All Health Insurance Policies
§33-6-33. Valuation of Motor Vehicle Involved in Claim
§33-6-34. Fee for Form, Rate, and Rule Filing
§33-6-35. Mass Marketed Life and Health Insurance
§33-6-38. Lyme Disease to Be Covered by All Health Insurance Policies