W. Va. Code R. § 114-14-4

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 114-14-4 - Representation of Policy Provisions and Benefits

4.1. Failure to disclose pertinent policy provisions. -- No person may knowingly fail to fully disclose to first-party claimants all pertinent benefits, coverages or other provisions of an insurance policy or insurance contract under which a claim is presented.

4.2. Concealment of pertinent policy provisions. -- No person may knowingly conceal from first-party claimants benefits, coverages or other provisions of any insurance policy or insurance contract when such benefits, coverages or other provisions are pertinent to a claim.

4.3. Coercive statements. -- No person may make statements which indicate that the rights of a claimant may be impaired if a form or release is not completed within a given period of time unless the statement is given for the purpose of notifying the claimant of the provisions of a statute of limitation or of a policy or contract time limit.

4.4. Time limit for notification of claim. -- Except where a time limit is specified by statute or legislative rule, no insurer may require a first-party claimant to give notification of a claim or proof of claim within a specified time.

4.5. Releases.

a. No person may ask a first-party claimant to sign a release that extends beyond the subject matter which gave rise to the claim payment.

b. No insurer may issue any check or draft, in partial settlement of a loss or claim under a specific coverage, that contains language which releases the insurer or its insured from its total liability.

W. Va. Code R. § 114-14-4