ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2271
(By Delegates Phillips, Douglas, P. White,
Brown, Vest, Rowe and Compton)
[Passed April 10, 1993; in effect ninety days from passage.]
AN ACT to amend article six, chapter thirty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirty-six, relating to insurance policies; the continuation
of coverage under automobile liability policies; exclusions;
notice; and rules to be promulgated by the commissioner of
insurance.
Be it enacted by the Legislature of West Virginia:
That article six, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirty-six, to read as follows:
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 saidpolicy, 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.