West Virginia Code § 33-15-5

Optional policy provisions
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Except as provided in section six of this article, no such policy delivered or issued for
delivery to any person in this state shall contain provisions respecting the matters set forth
below unless such provisions are in the words in which the same appear in this section:
Provided, That the insurer may, at its option, use in lieu of any such provision a
corresponding provision of different wording approved by the commissionere which is not less
favorable in any respect to the insured or the beneficiary. Any such provision contained in
the policy shall be preceded individually by the appropriate caption apprearing in this section
or, at the option of the insurer, by such appropriate individual or group captions or
subcaptions as the commissioner may approve.
(a) A provision as follows: t
"Change of Occupation: If the insured be injured or contract sickness after having changed
his occupation to one classified by the insurer as more hazardous than that stated in this
policy or while doing for compensation anything pelrtaining to an occupation so classified,
the insurer will pay only such portion of the insdemnities provided in this policy as the
premium paid would have purchased at the rates and within the limits fixed by the insurer
for such more hazardous occupation. If the insured changes his occupation to one classified
by the insurer as less hazardous thagn that stated in this policy, the insurer, upon receipt of
proof of such change of occupation, will reduce the premium rate accordingly, and will
return the excess pro rata uneearned premium from the date of change of occupation or from
the policy anniversary date immediately preceding receipt of such proof, whichever is the
more recent. In applyingL this provision, the classification of occupational risk and the
premium rates shall be such as have been last filed by the insurer prior to the occurrence of
the loss for which the insurer is liable or prior to date of proof of change in occupation with
the state official having supervision of insurance in the state where the insured resided at
the time this policy was issued; but if such filing was not required, then the classification of
occupational risk and the premium rates shall be those last made effective by the insurer in
sucWh state prior to the occurrence of the loss or prior to the date of proof of change in
occupation."
(b) A provision as follows:
"Misstatement of Age: If the age of the insured has been misstated, all amounts payable
under this policy shall be such as the premium paid would have purchased at the correct
age."
(c) A provision as follows:
"Other Insurance in This Insurer: If an accident or sickness or accident and sickness policy
or policies previously issued by the insurer to the insured be in force concurrently herewith,
making the aggregate indemnity for ____________ (insert type of coverage or coverages) in
excess of $____________ (insert maximum limit of indemnity or indemnities) the excess
insurance shall be void and all premiums paid for such excess shall be returned to the
insured or to his estate."
Or, in lieu thereof:
"Insurance effective at any one time on the insured under a like policy or policies in this
insurer is limited to the one such policy elected by the insured, his beneficiary or his estate,
as the case may be, and the insurer will return all premiums paid for all other such policies."
Provided that no policy hereafter issued for delivery in this state which provides, with or
without other benefits, for the payment of benefits or reimbursemuent for expenses with
respect to hospitalization, nursing care, medical or surgical examination or treatment, or
ambulance transportation shall contain any provision for a reduction of such benefits or
reimbursement, or any provision for avoidance of the policy, on account of other insurance
of such nature carried by the same insured with the saame or another insurer.
(d) A provision as follows: l
"Insurance with Other Insurers: If there be other valid coverage, not with this insurer,
providing benefits for the same loss on othier than an expense incurred basis and of which
this insurer has not been given written notice prior to the occurrence or commencement of
loss, the only liability for such benefits under this policy shall be for such proportion of the
indemnities otherwise provided hereunder for such loss as the like indemnities of which the
insurer had notice (including the indemnities under this policy) bear to the total amount of
all like indemnities for such loss, and for the return of such portion of the premium paid as
shall exceed the pro rata portion for the indemnities thus determined."
The insurer may, at i ts option, include in this provision a definition of "other valid coverage,"
approved as tVo form by the commissioner, which definitions shall be limited in subject matter
to coverage provided by organizations subject to regulations by insurance law or by
insurance authorities of this or any other state of the United States or any province of
Canada, and to any other coverage the inclusion of which may be approved by the
commissioner. In the absence of such definition such term shall not include group insurance,
or benefits provided by union welfare plans or by employer or employee benefit
organizations. For the purpose of applying the foregoing policy provisions with respect to
any insured any amount of benefit provided for such insured pursuant to any compulsory
benefit statute (including any workers' compensation or employer's liability statute) whether
provided by a governmental agency or otherwise shall in all cases be deemed to be "other
valid coverage" of which the insurer has had notice. In applying the foregoing policy
provision no third party liability coverage shall be included as "other valid coverage."
(e) A provision as follows:
"Relation of Earnings to Insurance: If the total monthly amount of loss of time benefits
promised for the same loss under all valid loss of time coverage upon the insured, whether
payable on a weekly or monthly basis, shall exceed the monthly earnings of the insured at
the time disability commenced or his average monthly earnings for the period of two years
immediately preceding a disability for which claim is made, whichever is the greater, the
insurer will be liable only for such proportionate amount of such benefits under this policy as
the amount of such monthly earnings or such average monthly earnings of the insured bears
to the total amount of monthly benefits for the same loss under all such coverage upon the
insured at the time such disability commences and for the return of such paert of the
premiums paid during such two years as shall exceed the pro rata amount of the premiums
for the benefits actually paid hereunder; but this shall not operate to rerduce the total
monthly amount of benefits payable under all such coverage upon the insured below the sum
of $200 or the sum of the monthly benefits specified in such coverages, whichever is the
lesser, nor shall it operate to reduce benefits other than those payable for loss of time."
The insurer may, at its option, include in this provision a definition of "valid loss of time
coverage," approved as to form by the commissioner, which definition shall be limited in
subject matter to coverage provided by governmental agencies or by organizations subject to
regulation by insurance law or by insurance authorities of this or any other state of the
United States or any province of Canada, or to any other coverage the inclusion of which
may be approved by the commissioner or any combination of such coverages. In the absence
of such definition such term shall not include any coverage provided for such insured
pursuant to any compulsory benefit statute (including any workers' compensation or
employer's liability statute), or benefits provided by union welfare plans or by employer or
employee benefit organizationes.
(f) A provision as followsL:
"Unpaid Premium: Upon the payment of a claim under this policy, any premiums then due
and unpaid or covered by any note or written order may be deducted therefrom."
(g) A provision as follows:
"Return of Premium on Cancellation: If the insured cancels this policy, the earned premium
shall be computed by the use of the short-rate table last filed with the state official having
supervision of insurance in the state where the insured resided when the policy was issued.
Cancellation shall be without prejudice to any claim originating prior to the effective date of
cancellation."
(h) A provision as follows:
"Conformity with State Statutes: Any provision of this policy which, on its effective date, is in
conflict with the statutes of the state in which the insured resides on such date is hereby
amended to conform to the minimum requirements of such statutes."
(i) A provision as follows:
"Illegal Occupation: The insurer shall not be liable for any loss to which a contributing cause
was the insured's commission of or attempt to commit a felony or to which a contributing
cause was the insured's being engaged in an illegal occupation."
(j) A provision as follows:
"Intoxicants and Narcotics: The insurer shall not be liable for any loss sustained or
contracted in consequence of the insured's being intoxicated or under the influence of any
narcotic unless administered on the advice of a physician."

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