West Virginia Code § 33-6-29

Motor vehicle policy; injuries to guest passengers; coverage for loaned or
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leased motor vehicles; exceptions.
(a) An insurer may not issue any policy of bodily injury or property damage liability
insurance which excludes coverage to the owner or operator of a motor vehicle on account
of bodily injury or property damage to any guest or invitee who is a passenger in such motor
vehicle. e
(b) Every policy or contract of liability insurance which insures a motor vehicle licensed in
this state with collision, comprehensive, property or bodily injury coverage shall extend
these coverages to cover the insured individual while operating au motor vehicle which he or
she is permitted to use by a person, firm or corporation that owns the vehicle and is engaged
in the business of selling, repairing, leasing or servicing mottor vehicles. Coverage under any
motor vehicle insurance policy available to such insured individual shall be primary, and any
collision, comprehensive, property or bodily injury insurance coverage owned or obtained by
a person, firm or corporation that owns the motor vehicle and is engaged in the business of
selling, repairing, leasing or servicing motor vehicles shall be secondary. Recovery under the
motor vehicle owner's insurance policy shall nsot be permitted until the insured individual
has exhausted the limits of all other insurance policies available to him or her: Provided,
That the following conditions are met: (1) No separate consideration is paid by or on behalf
of the insured individual at the timeg of his or her use of the vehicle; and (2) the insured
individual is operating the vehicle with the business owner's permission as a replacement
vehicle provided to the insurede individual while his or her vehicle is out of use because it is
being repaired or serviced by the business owner or another person with the permission of
the business owner. L
(c) Notwithstanding any provision of this section to the contrary, any insurance coverage
available to the insured individual as described in subsection (b) of this section shall be
secondary to any motor vehicle liability insurance owned or obtained by the person, firm or
corporation engaged in the business of selling, repairing, leasing or servicing motor
vehWicles, if the insured individual is an employee of the business owner and is operating the
motor vehicle with the permission of the business owner while acting within the scope of his
or her employment or the insured individual is testing the vehicle for possible purchase or
for a lease with more than a thirty-day term.
(d) Notwithstanding any provision of this code to the contrary, security maintained as
required by section three, article two-a and section two, article four, chapter seventeen-d of
this code on any motor vehicle owned by any person, firm or corporation engaged in the
business of renting or leasing the motor vehicle is secondary to coverage under any motor
vehicle liability insurance or other form of security meeting or exceeding the requirements
in chapter seventeen-d of this code that is available and in effect for an individual with
respect to the renting, leasing, operation, maintenance, or use of the motor vehicle:
Provided, That any liability insurance purchased for additional consideration from the rental
or leasing company shall be primary to other available insurance.

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