West Virginia Code § 33-6F-2

Disclosure of certain insurance information required
Open in Lexace · Ask the AI about this section
Notwithstanding the provisions of section one of this article:
(a) Each insurer that provides personal lines liability insurance coverage, as that term is
defined in section nine, article twelve of this chapter, to pay all or a portion of a claim
asserted against an insurance policy insuring a motor vehicle shall provide, within thirty
days of its receipt of a written request from a claimant's attorney who has given written
notice that he or she represents the claimant:
(1) A response providing the following information relating to eauch of the insurer's known
policies of insurance, including excess or umbrella insurance, which does or may provide
liability coverage for the claim:
(A) The name of the insurer; a
(B) The name of each named insured of the subjectl policy; and
(C) The limits of any motor vehicle liability insurance policy at the time of the events that are
the subject of the claim; or
(2) The declarations page of any motor vehicle liability policy applicable at the time of the
events that are the subject of the claim, appropriately redacted to comply with applicable
privacy laws or rules;
(b) Any written request Lby the claimant's attorney under this section must include:
(1) The date and location of the events that are the subject of the claim;
(2) The name and, if known, the last known address of the insured;
(3) WA copy of the accident or incident report, if any;
(4) The insurer's claim number;
(5) A good-faith estimate and documentation of all of the claimant's medical expenses if any
and any wage loss documentation as of the date of the request, if any; and
(6) Documentation as of the date of the request of any and all property damage.
(c) Disclosure of the information required by subsection (a) of this section is not an
admission that the alleged injury or damage is subject to the policy, nor does the disclosure
waive any reservation of rights an insurer may have.
(d) The information disclosed by any party pursuant to this section, by reason of the
disclosure, is not admissible as evidence at trial.
(e) An insurer's compliance with this section does not constitute a violation of this article, or
subsection (12), section four, article eleven of this chapter.
(f) An insurer that fails to comply with this section is subject to a penalty of $500, plus
reasonable attorneys' fees and expenses incurred in obtaining disclosure of the information
required by subsection (a) of this section. This penalty is the sole and exclusive remedy for
an insurer's failure to comply with this section. e

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.