West Virginia Code § 33-1-10

Kinds of insurance defined
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The following definitions of kinds of insurance are not mutually exclusive and, if reasonably
adaptable thereto, a particular coverage may be included under one or more of such
definitions:
(a) Life insurance. — Life insurance is insurance on human lives including endowment
benefits, additional benefits in the event of death or dismemberment by accident or
accidental means, additional benefits for disability and annuities.
(b) Accident and sickness. — Accident and sickness insurance is uinsurance against bodily
injury, disability or death by accident or accidental means, or the expense thereof, or against
disability or expense resulting from sickness and insurance relating thereto. Group credit
accident and health insurance may also include loss of income insurance, which is insurance
against the failure of a debtor to pay his or her monthly obligation due to involuntary loss of
employment. For the purposes of this definition, involuntary loss of employment means the
debtor loses employment income (salary or wages)l as a result of unemployment caused by
individual or mass layoff, general strikes, labosr disputes, lockout, or termination by employer
for other than willful or criminal misconduct. Any or all of the above-mentioned perils may
be included in an insurance policy, at the discretion of the policyholder.
(c) Fire. — Fire insurance is insurance on real or personal property of every kind and
interest therein, against loss or damage from any or all hazard or cause, and against loss
consequential upon such loss or damage, other than noncontractual liability for any such
loss or damage. Fire insurance shall also include miscellaneous insurance as defined in
paragraph (12), subdivision (e) of this section.
(d) Marine insurance is insurance:
(1) Against any and all kinds of loss or damage to vessels, craft, aircraft, cars, automobiles
and vehicles of every kind, as well as all goods, freight, cargoes, merchandise, effects,
disbursements, profits, moneys, bullion, precious stones, securities, chooses in action,
evidences of debt, valuable papers, bottomry and respondentia interests and all other kinds
of property and interests therein, in respect to, appertaining to or in connection with any
and all risks or perils of navigation, transit or transportation, including war risks, on or
under any seas or other waters, on land (above or below ground), or in the air, or while
being assembled, packed, crated, baled, compressed or similarly prepared for shipment or
while awaiting the same, or during any delays, storage, transshipment, or reshipment
incident thereto, including marine builders' risks and all personal property floater risks;
(2) Against any and all kinds of loss or damage to persons or to property in connection with
or appertaining to a marine, inland marine, transit or transportation insurance, including
liability for loss of or damage to either, arising out of or in connection with the construction,
repair, operation, maintenance or use of the subject matter of such insurance (but not
including life insurance or surety bonds nor insurance against loss by reason of bodily injury
to the person arising out of the ownership, maintenance or use of automobiles);
(3) Against any and all kinds of loss or damage to precious stones, jewels, jewelry, gold,
silver, and other precious metals, whether used in business or trade or otherwise, and
whether the same be in course of transportation or otherwise;
(4) Against any and all kinds of loss or damage to bridges, tunnels and other
instrumentalities of transportation and communication (excluding buildings, their furniture
and furnishings, fixed contents and supplies held in storage) unless fire, windstorm,
sprinkler leakage, hail, explosion, earthquake, riot, or civil commotion, or any or all of them
are the only hazards to be covered; u
(5) Against any and all kinds of loss or damage to piers, wharves, docks, and ships, excluding
the risks of fire, windstorm, sprinkler leakage, hail, explosion, earthquake, riot, and civil
commotion and each of them; a
(6) Against any and all kinds of loss or damage to olther aids to navigation and
transportation, including dry docks and marinse railways, dams, and appurtenant facilities for
control of waterways; and
(7) Marine protection and indemnity insurance, which is insurance against, or against legal
liability of the insured for loss, damage or expense arising out of, or incident to, the
ownership, operation, chartering, maintenance, use, repair or construction of any vessel,
craft, or instrumentality in use in ocean or inland waterways, including liability of the
insured for personal injury, illness, or death, or for loss of or damage to the property of
another person.
(e) Casualty. — Casu alty insurance includes:
(1) Vehicle insurance, which is insurance against loss of or damage to any land vehicle or
aircraft, or any draft or riding animal, or to property while contained therein or thereon or
being loaded therein or therefrom, from any hazard or cause, and against any loss, liability
or expense resulting from or incident to ownership, maintenance, or use of any such vehicle,
aircraft or animal; together with insurance against accidental death or accidental injury to
individuals, including the named insured, while in, entering, alighting from, adjusting,
repairing, or cranking, or caused by being struck by any vehicle, aircraft, or draft or riding
animal, if such insurance is issued as a part of insurance on the vehicle, aircraft, or draft or
riding animal;
(2) Liability insurance, which is insurance against legal liability for the death, injury, or
disability of any human being, or for damage to property; and provisions for medical,
hospital, surgical, disability benefits to injured persons, and funeral and death benefits to
dependents, beneficiaries, or personal representatives of persons killed, irrespective of legal
liability of the insured, when issued as an incidental coverage with or supplemental to
liability insurance;
(3) Burglary and theft insurance, which is insurance against loss or damage by burglary,
theft, larceny, robbery, forgery, fraud, vandalism, malicious mischief, confiscation, or
wrongful conversion, disposal, or concealment, or from any attempt at any of the foregoing,
including supplemental coverages for medical, hospital, surgical, and funeral benefits
sustained by the named insured or other person as a result of bodily injury during the
commission of a burglary, robbery, or theft by another; also insurance against loss of or
damage to moneys, coins, bullion, securities, notes, drafts, acceptances, or aeny other
valuable papers and documents resulting from any cause;
(4) Personal property floater insurance, which is insurance upon personal effects against
loss or damage from any cause;
(5) Glass insurance, which is insurance against loss or damatge to glass, including its
lettering, ornamentation, and fittings;
(6) Boiler and machinery insurance, which is insurance against any liability and loss or
damage to property or interest resulting from accidlents to or explosion of boilers, pipes,
pressure containers, machinery, or apparatuss and to make inspection of and issue
certificates of inspection upon boilers, machinery, and apparatus of any kind, whether or not
insured;
(7) Leakage and fire extinguishing equipment insurance, which is insurance against loss or
damage to any property or interest caused by the breakage or leakage of sprinklers, hoses,
pumps, and other fire extinguishing equipment or apparatus, water mains, pipes, and
containers, or by water entering through leaks or openings in buildings, and insurance
against loss or damage to such sprinklers, hoses, pumps, and other fire extinguishing
equipment or apparatus;
(8) Credit insurance, which is insurance against loss or damage resulting from failure of
debtors to pay their obligations to the insured. Credit insurance shall include loss of income
insuWrance, which is insurance against the failure of a debtor to pay his or her monthly
obligation due to involuntary loss of employment. For the purpose of this definition,
involuntary loss of employment means the debtor loses employment income (salary or
wages) as a result of unemployment caused by individual or mass layoff, general strikes,
labor disputes, lockout, or termination by employer for other than willful or criminal
misconduct; any or all of the above-mentioned perils may be included in an insurance policy,
at the discretion of the policyholder;
(9) Malpractice insurance, which is insurance against legal liability of the insured and
against loss, damage or expense incidental to a claim of such liability, and including medical,
hospital, surgical and funeral benefits to injured persons, irrespective of legal liability of the
insured arising out of the death, injury or disablement of any person, or arising out of
damage to the economic interest of any person, as the result of negligence in rendering
expert, fiduciary, or professional service;
(10) Entertainment insurance, which is insurance indemnifying the producer of any motion
picture, television, radio, theatrical, sport, spectacle, entertainment or similar production,
event, or exhibition against loss from interruption, postponement, or cancellation thereof
due to death, accidental injury or sickness of performers, participants, directors, or other
principals;
(11) Mine subsidence insurance as provided for in article thirty of this chapteer;
(12) Miscellaneous insurance, which is insurance against any other kind of loss, damage, or
liability properly a subject of insurance and not within any other kind of insurance as defined
in this chapter, if such insurance is not disapproved by the commuissioner as being contrary
to law or public policy; and
(13) Federal flood insurance, which is insurance provided by the Federal Insurance
Administration or by private insurers through the Writae Your Own Program within the
National Flood Insurance Program, instituted by the Federal Insurance Administration
pursuant to the provision of 42 U.S.C. § 4071, on relal or personal property of every kind and
interest therein, against loss or damage from sflood or mudslide and against loss
consequential to such loss or damage, other than noncontractual liability for any loss or
damage.
(14) Workers' compensation insurance, which is insurance providing all compensation and
benefits required by chapter 23 of this code.
(f) Surety. — Surety insurance includes:
(1) Fidelity insurance, which is insurance guaranteeing the fidelity of persons holding
positions of public or private trust;
(2) Insurance guaranteeing the performance of contracts, other than insurance policies, and
guaranteeing and executing bonds, undertakings, and contracts of suretyship: Provided,
That surety insurance does not include the guaranteeing and executing of bonds by
individuals not in the business of becoming a surety for compensation upon bonds;
(3) Insurance indemnifying banks, bankers, brokers, financial or moneyed corporations or
associations against loss, resulting from any cause, of bills of exchange, notes, bonds,
securities, evidences of debt, deeds, mortgages, warehouse receipts or other valuable
papers, documents, money, precious metals and articles made therefrom, jewelry, watches,
necklaces, bracelets, gems, precious and semiprecious stones, including any loss while they
are being transported in armored motor vehicles or by messenger, but not including any
other risks of transportation or navigation, and also insurance against loss or damage to
such an insured's premises or to his or her furnishings, fixtures, equipment, safes and vaults
therein, caused by burglary, robbery, theft, vandalism or malicious mischief, or any attempt
to commit such crimes; and
(4) Title insurance, which is insurance of owners of property or others having an interest
therein, or liens or encumbrances thereon, against loss by encumbrance, defective title,
invalidity, or adverse claim to title.

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