(a) In the event of death, legal separation or termination of the marital relationship of the named insured, the named insured or spouse covered by a motor vehicle liability policy for a period of two or more years shall, upon request of the named insured or spouse within thirty days of the expiration of said policy, be issued his or her own individual motor vehicle liability insurance policy providing the same coverage as the original policy through the same insurer, without any lapse in coverage: Provided, That any such named insured or spouse may elect to increase or decrease the amount of coverage in his or her respective policies without affecting any privilege provided by this section. Any named insured or spouse requesting an individual policy pursuant to this section shall be entitled to the continuation of all rights and privileges afforded by section one-a and section four of article six-a of this chapter which were accrued under the original policy: Provided, however, That this section shall not apply to any motor vehicle liability insurance policy canceled, nonrenewed or terminated pursuant to the provisions of section one or section four, article six-a of this chapter.
(b) Insurers shall notify all named insureds at policy issuance or the first renewal after the effective date of this section and upon any change or termination of the policy for reasons other than those provided in sections one and four of article six-a of this chapter of the right of the named insured or spouse to continue coverage as provided by this section.
(c) The commissioner shall promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code regarding the form of such notice and procedures required by this section.
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