W. Va. Code R. § 115-2-7 - Cancellation and Nonrenewal Provisions

7.1. The board may cancel or non-renew an entity's insurance coverage for any of the following reasons:

7.1.1 The entity's failure to make a premium payment within thirty (30) days of the premium due date;

7.1.2. Fraud or substantial misrepresentation by the entity or a representative of the entity procuring or renewing the insurance coverage or in presenting a claim under the insurance coverage;

7.1.3. A substantial increase in the risk of loss to which the public entity insurance program is exposed under the policy, including, but not limited to, the following:

7.1.3.a The conviction of the entity or any officer, employee, or volunteer of the entity of any crime having as one of its necessary elements an act increasing any hazard insured against;

7.1.3.b. Discovery of willful or reckless acts or omissions on the part of any officer, employee or volunteer of the entity which substantially increases any hazard insured against;

7.1.3.c. The occurrence of a change in the risk which substantially increases any hazard insured against after insurance coverage has been issued or renewed;

7.1.3.d. The entity has a loss ratio exceeding one hundred percent in at least three of the past five years in the program;

7.1.3.e. The entity's violation of any local fire, health, safety, building or construction regulation or ordinance with respect to any insured property or the occupancy thereof which substantially increases any hazard insured against;

7.1.4. The entity violates any of the material terms or conditions of the insurance coverage or the public entity insurance program; or

7.1.5. The entity no longer qualifies for participation in the public entity insurance programs administered by the board.

7.2. The board shall give an entity at least a thirty (30) day notice of cancellation of coverage by written notice to the entity by certified mail, return receipt requested. The notice shall comply with the requirements of section 7.4 of these rules.

7.3. The board shall renew an entity's insurance coverage, unless at least sixty (60) days prior to the date of the expiration provided in the certificate of coverage, the board provides the entity with a written notice, by certified mail, return receipt requested, of its intention not to renew the insurance coverage beyond the expiration date. The notice shall comply with section 7.4 of these rules unless the entity is insured elsewhere, has accepted replacement coverage, or has requested or agreed to the nonrenewal.

7.4. In every instance in which insurance coverage is cancelled or is not renewed, the board shall cite within the written notice of the action the reason or reasons set forth in section 7.1 of this rule for which the action was taken and shall state with specificity the circumstances giving rise to the board's action. The notice shall further state that the entity has a right to appeal the determination pursuant to section 7.5 of this rule, and the right to be represented by counsel during such appeal.

7.5. Any entity whose coverage has been cancelled or nonrenewed, may appeal the decision to the board by filing a written petition for appeal, conforming to the procedural rules promulgated by the board within fifteen (15) calendar days of receipt of the notice of cancellation or nonrenewal.

Notes

W. Va. Code R. § 115-2-7