For Benefits Compliance specific state updates for West Virgina click here.
Insurance Commissioner Issues Emergency Order Providing Guidance on Workers’ Compensation Insurance
On March 23, 2020, the West Virginia Insurance Commissioner issued Emergency Order 20-EO-03 concerning workers’ compensation insurance suspending normal times for claims handling for workers’ compensation claims until further notice, provided the workers’ compensation insurers continue to adjust claims as expeditiously as possible, using all possible means of adjusting claims remotely. The insurers are also ordered to not terminate or suspend a claimant’s temporary total disability benefit for failure to undergo examination or need treatment. Further the insurers are required to ensure they are fully utilizing telemedicine.
W.V. Emergency Order 20-EO-03
Insurance Commissioner Issues Emergency Order Prohibiting Cancellation or Nonrenewal for Nonpayment
On March 18, 2020, the West Virginia Insurance Commissioner issued Emergency Order 20-EO-2 prohibiting insurers to issue a cancellation notice or nonrenewal if the reason for cancellation is a result of circumstances stemming from the COVID-19 pandemic. Instead, insurers are required to be flexible with respect to allowing alternative payment arrangements, though this does not excuse an insured from its obligation to make payments that are due or become delinquent.
WV Emergency Order 20-EO-2
INSURANCE COMMISSIONER ISSUES EMERGENCY ORDER PROVIDING GUIDANCE ON BUSINESS INTERRUPTION INSURANCE
April 02, 2020
On March 26, 2020, the West Virginia Insurance Commissioner issued Bulletin No. 20-08 providing guidance to insurers and policyholders on the various type of coverages under insurance including business interruption provisions.
WV Bulletin No. 20-08
INSURANCE COMMISSIONER ISSUES EMERGENCY ORDER CLARIFYING PRIOR ORDER RELATING TO PREMIUM GRACE PERIODS
April 02, 2020
On March 26, 2020, the West Virginia Insurance Commissioner issued Bulletin No. 20-07 to clarify that prior Emergency Order 20-02 is not meant to prohibit the cancellation or nonrenewal of all insurance policies and does not apply to insureds or policyholders who were already delinquent or who were or are cancelled/nonrenewed for other valid underwriting reasons. Further, Emergency Order 20-02 does not excuse insureds or policyholders from the obligation to pay premiums for insurance coverage provided or contractual benefits received. Insurers should be willing to, and are encouraged to, be flexible with insureds or policyholders by voluntarily instituting moratoriums on cancellations or premium collections and allow for alternative payment arrangements, deferred premium payments, premium holidays and acceleration or waiver of underwriting requirements so that policyholders do not become delinquent during and as a result of the crisis.
WV Bulletin No. 20-07
INSURANCE COMMISSIONER ISSUES BULLETIN CONCERNING PREMIUM TAXES AND SURCHARGES
June 01, 2020
On May 4, 2020, the West Virginia Insurance Commissioner issued Bulletin No. 20-11, noting that if any premium tax or surcharge assessed against the portion of an insurance premium is refunded, it should then also be refunded to the policyholder. The bulletin clarifies that if the insurance company is providing premium relief by issuing a credit or paying a dividend, as opposed to issuing a refund, then the tax or surcharge may not need to be refunded policyholder. The bulletin also details additional obligations for insurance companies.
WV Bulletin No. 20-11