WVC 33 -
CHAPTER 33. INSURANCE.
WVC 33 - 20 C-
ARTICLE 20C. CANCELLATION OR NONRENEWAL OF MALPRACTICE INSURANCE
WVC 33 - 20 C- 1
§33-20C-1. Scope of article.
This article applies to malpractice insurance as defined in
subdivision (9), subsection (e), section ten, article one of this
chapter. This article applies to malpractice insurance policies
which have been in effect for at least sixty days or have been
renewed at least once.
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§33-20C-2. Cancellation prohibited except for specified reasons;
No insurer once having issued or delivered a policy providing
malpractice insurance in this state may cancel the policy, except
for one or more of the following reasons:
(a) The named insured fails to discharge any of his or her
obligations to pay premiums for the policy or any installment of
the policy within a reasonable time of the due date;
(b) The policy was obtained through material
(c) The insured violates any of the material terms and
conditions of the policy; or
(d) Reinsurance is unavailable. The insurer shall supply
sufficient proof of the unavailability to the commissioner.
(e) Any purported cancellation of a policy providing
malpractice insurance attempted in contravention of this section is
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§33-20C-3. Insurer to specify reasons for cancellation.
In every instance in which a policy or contract of malpractice
insurance is canceled by the insurer, the insurer or its duly
authorized agent shall cite within the written notice of the action
the allowable reason in section two of this article for which the
action was taken and shall state with specificity the circumstances
giving rise to the allowable reason cited. The notice of the
action shall further state that the insured has a right to request
a hearing, pursuant to section five of this article, within thirty
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§33-20C-4. Notice period for cancellation; ninety-day notice
required for nonrenewal.
(a) No insurer shall fail to renew a policy or contract
providing malpractice insurance unless written notice of the
nonrenewal is forwarded to the insured by certified mail, return
receipt requested, not less than ninety days prior to the
expiration date of the policy.
(b) No insurer shall cancel a policy or contract providing
malpractice insurance during the term of the policy unless written
notice of the cancellation is forwarded to the insured by certified
mail, return receipt requested, not more than thirty days after the
reason for the cancellation, as provided in section two of this
article, arose or occurred or the insurer learned that it arose or
occurred and not less than thirty days prior to the effective
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§33-20C-5. Hearings and review.
Any insured aggreived by the cancellation of a policy or
contract providing malpractice insurance may request a hearing
before the commissioner or his designee within thirty days of the
receipt of any such notice. The hearing shall be conducted
pursuant to section thirteen, article two of this chapter. The
policy shall remain in effect until entry of the commissioner's
order. Any party aggrieved by an order of the commissioner may seek
judicial review in the circuit court of the county in which the
insured resides in accordance with section fourteen, article two of