West Virginia Code
Article 6. The Insurance Policy
§33-6-40. Military Service as Factor in Insurance Rates

With respect to any fire, marine, or casualty insurance contract, no person may deny, refuse to renew, cancel coverage, or charge increased premiums for applicants or insureds solely as a result of a uniformed service members performance of active military duty in the United States armed forces or as a member of a reserve component of the United States armed forces, to include the National Guard of a state or territory, because the uniformed service member fails to meet underwriting standards that require continuous coverage unless the failure to maintain continuous coverage existed prior to the applicants or insureds entry into active duty status and was not related in any way to the applicants or insureds military service. For the purposes of this section, service in the National Guard includes any full-time active duty for training in the National Guard, active duty operational support, active duty special work, state active duty as a member of a National Guard unit, or any other periods of service pursuant to Title 32 of the United States Code or active service of the state or territory. For purposes of determining premiums, an insurer shall consider such persons as having maintained continuous coverage.

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