West Virginia Code
Article 6. The Insurance Policy
§33-6-36. Continuation of Coverage Under Automobile Liability Policy; Selection of Coverage; Exclusions; Notice

(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

West Virginia Code

Chapter 33. Insurance

Article 6. The Insurance Policy

§33-6-1. Scope of Article

§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

§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

§33-6-5a. Application for Life or Accident and Sickness Insurance; Signatures Required; Exemptions; Right of Insured to Return Policy

§33-6-6. Application for Insurance as Evidence

§33-6-7. Representations in Applications

§33-6-8. Filing of Forms

§33-6-9. Grounds for Disapproval of Forms

§33-6-10. Standard Provisions

§33-6-11. Contents of Policy

§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

§33-6-14a. Public Liability Insurance Policies Issued to Charitable Associations to Contain Provision for Waiving of Charitable Immunity Defense

§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

§33-6-18. Binders

§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

§33-6-24. Simultaneous Deaths

§33-6-25. Proof of Loss Forms

§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

§33-6-29. Motor Vehicle Policy; Injuries to Guest Passengers; Coverage for Loaned or Leased Motor Vehicles; Exceptions

§33-6-30. Construction of Policies

§33-6-31. Motor Vehicle Policy; Omnibus Clause; Uninsured and Underinsured Motorists' Coverage; Conditions for Recovery Under Endorsement; Rights and Liabilities of Insurer

§33-6-31a. Rates Charged for Uninsured Motorist Coverage

§33-6-31b. Nondiscriminatory Automobile Insurance Rates for Handicapped Persons

§33-6-31c. Substandard Risk Motor Vehicle Insurance Policies; Definitions; Required Notices and Provisions; Promulgation of Rules; Effective Date; Money Penalty for Failure to Give Required Notice

§33-6-31d. Form for Making Offer of Optional Uninsured and Underinsured Coverage

§33-6-31e. Notice of Proposed Settlement for Policy Limits to Underinsured Motorist Coverage Carrier; Waiver of Subrogation; Time Limits

§33-6-31f. Uninsured and Underinsured Motorists' Coverage Optional on Umbrella and Excess Type Liability Policies

§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

§33-6-36. Continuation of Coverage Under Automobile Liability Policy; Selection of Coverage; Exclusions; Notice

§33-6-37. Cancellation or Nonrenewal of a Combination Insurance Policy; Offer of Optional Coverage; Date of Inception of Optional Coverage

§33-6-38. Lyme Disease to Be Covered by All Health Insurance Policies

§33-6-39. Prohibitions Related to Dental Insurance Plans, Agreements, Charges, and Reimbursements; Definitions

§33-6-40. Military Service as Factor in Insurance Rates