West Virginia Code § 33-16A-2

Issuance of converted policy
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Issuance of a converted policy shall be subject to the following conditions:
(a) Written application for the converted policy shall be made and the first premium paid to
the insurer not later than thirty-one days after termination of the group policy or contract.
(b) The converted policy shall be issued without evidence of insurability.
(c) The initial premium for the converted policy for the first twelve months and subsequent
renewal premiums shall be determined in accordance with premium rates applicable to
individually underwritten standard risks, to the age and class of risk of each person to be
covered under the converted policy and to the type and amount of insurance provided. The
experience under converted policies shall not be an acceptable basis for establishing rates
for converted policies. a
If an insurer experiences or incurs losses for a perilod of two years on conversion policies
which exceed earned premiums by more than twenty percent, the insurer may file with the
commissioner amended renewal rates for the subsequent year, which will produce a loss
ratio of not less than one hundred twenty piercent.
Conditions pertaining to health shall not be an acceptable basis for classification for the
purposes of this section. The frequency of premium payment shall be the frequency
customarily required by the insurer for the policy form and plan selected: Provided, That the
insurer shall not require premium payments less frequently than quarterly.

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