On October 15th, The West Virginia Offices of the Insurance Commissioner issued Emergency Order 20-EO-09, which modifies several previous Emergency Orders related to the COVID-19 crisis:
- Emergency Order 20-EO-02, is modified to rescind that portion of the order prohibiting an insurer from issuing a cancellation notice or nonrenewal notice pertaining to any insurance policy, plan or contract if the reason for cancellation or nonrenewal is a result of circumstances stemming from the COVID-19 pandemic and the corresponding State of Emergency. The remaining portions of the Emergency Order remain in effect, including that insurers should be flexible with respect to allowing alternative payment arrangements.
West Virginia has been under a State of Emergency since March 16, 2020. The West Virginia Offices of the Insurance Commissioner issued Emergency Order 20-EO-02 on March 18, 2020. It includes the following guidance:
- Insurers must not issue a cancellation notice or nonrenewal notice pertaining to any insurance policy, plan or contract if the reason for cancellation or nonrenewal is a result of circumstances stemming from the COVID-19 pandemic and the corresponding State of Emergency, and any subsequent executive orders or other governmental actions.
- Insurers should be flexible with respect to allowing alternative payment arrangements for the satisfaction of premiums that are due or that may become delinquent as a result of the emergency.
- Workers’ compensation insurers shall consider the impact on rates of any idling of workers by employer insureds, and insurers shall, if requested by the employer insured, conduct an audit in order to determine whether the insured is entitled to any adjustment in premium due to the idling, furloughing, laying off or other dismissal of workers.
- Insurers, producers and all other insurance-related entities subject to regulation by the Commissioner in the State of West Virginia should consider the difficulties experienced, and to be experienced, by both private citizens and businesses as a result of the State of Emergency, with respect to collection of premiums, cancellations, nonrenewals, claim or other documentation, rating or rates charged, and other requirements or policy provisions including, but not limited to, due dates or required documentation relating to claims and premium payments.
Click on the link for the full text of Emergency Order 20-EO-02.