West Virginia Code § 33-6-31f

Uninsured and underinsured motorists' coverage optional on umbrella
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and excess type liability policies.
(a) Notwithstanding any other provisions of this article, insurers issuing or providing liability
policies that are of an excess or umbrella type and which are written to cover automobile
liability shall offer uninsured and underinsured motor vehicle coverage on such policies in an
amount not less than the amount of liability insurance purchased by the nameed insured:
Provided, That the named insured may decline any or all of the coverage offered under the
excess or umbrella type policy. r
(b) Offers of optional uninsured and underinsured motor vehicle ucoverage required by
subsection (a) of this section shall be made to the named insured on a form prepared and
made available by the Insurance Commissioner on or beforet the effective date of this
section. The form shall allow any named insured to decline any or all of the coverage offered.
(c) Offers of optional uninsured and underinsured motor vehicle coverage required by
subsection (a) of this section shall be made to the nlamed insured by delivering the form at
the time of initial application for insurance poslicies described in subsection (a) of this section
or by mailing the form to the named insured along with the initial premium notice. The
named insured shall complete, date, sign, and return the form to the insurer within thirty
days after receipt thereof. No insuregr or agent thereof is liable for payment of any damages
applicable under any optional uninsured or underinsured coverage described in this section
which occurs from the date thee form was mailed or delivered to the named insured until the
insurer receives the form and accepts payment of the premium for the coverage requested
therein from the namedL insured: Provided, That if prior to the insurer's receipt of the
executed form, the insurer issues a policy described in this section to the named insured
which provides for such optional uninsured or underinsured coverage, the insurer shall be
liable for payment of claims against such optional coverage up to the limits provided in such
policy. The contents of a form described in this section which has been signed by a named
insured shall create a presumption that such named insured and all named insureds received
an eWffective offer of the optional coverages described in this section and that such named
insured exercised a knowing and intelligent election or rejection, as the case may be, of such
offer specified in the form. Such election or rejection shall be binding on all persons insured
under the policy.
(d) Failure of the named insured to return the form described in this section to the insurer as
required by this section within the time periods specified in this section creates a
presumption that such person received an effective offer of the optional coverages described
in this section and that such person exercised a knowing and intelligent rejection of such
offer. Such rejection is binding on all persons insured under the policy.
(e) The insurer shall make such forms available to any named insured who requests different
coverage limits on or after the effective date of this section. No insurer is required to make
forms described herein available or notify any person of the availability of such optional
coverages authorized by this section except as required by this section.

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