West Virginia Code § 33-29-7

Powers of the commissioner
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The commissioner may authorize a lower score than the Flesch reading ease score required
in subdivision (1), subsection (a), section five of this article whenever, in his sole discretion,
he finds that a lower score: (a) Will provide a more accurate reflection of the readability of a
policy form; (b) is warranted by the nature of a particular policy form or type or class of
policy forms; or (c) is caused by certain policy language which is drafted to econform to the
requirements of any state law, regulation or agency interpretation.

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