West Virginia Code § 33-13-25

Limitation of liability
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(a) No policy of life insurance shall be delivered or issued for delivery in this state if it
contains a provision which excludes or restricts liability for death caused in a certain
specified manner or occurring while the insured has a specified status, except that a policy
may contain provisions excluding or restricting coverage as specified therein in the event of
death under any one or more of the following circumstances: e
(1) Death as a result, directly or indirectly, of war, declared or undeclared, or of action by
military forces, or of any act or hazard of such war or action, or of service in the military,
naval, or air forces or in civilian forces auxiliary thereto, or fromu any cause while a member
of such military, naval, or air forces of any country at war, declared or undeclared, or of any
country engaged in such military action; t
(2) Death as a result of aviation;
(3) Death as a result of a specified hazardous occuplation or occupations;
(4) Death while the insured is outside continental United States and Canada;
(5) Death within two years from the date of issue of the policy as a result of suicide, while
sane or insane.
(b) A policy which contains any exclusion or restriction pursuant to subsection (a) of this
section shall also provide that in the event of death under the circumstances to which any
such exclusion or restriction is applicable, the insurer will pay an amount not less than a
reserve determined according to the commissioners' reserve valuation method upon the
basis of the mortality table and interest rate specified in the policy for the calculation of
nonforfeiture Vbenefits (or if the policy provides for no such benefits, computed according to
a mortality table and interest rate determined by the insurer and specified in the policy) with
adjustment for indebtedness or dividend credit.
(c) This section shall not apply to group life insurance, accident and sickness insurance,
reinsurance, or annuities, or to any provision in a life insurance policy relating to disability
benefits or to additional benefits in the event of death by accident or accidental means.
(d) Nothing contained in this section shall prohibit any provision which in the opinion of the
commissioner is more favorable to the policyholder than a provision permitted by this
section.

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