West Virginia Offices of the Insurance Commissioner 2009 Annual ...
West Virginia Offices of the Insurance Commissioner 2009 Annual ...
West Virginia Offices of the Insurance Commissioner 2009 Annual ...
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114 CSR 36 - <strong>West</strong> <strong>Virginia</strong> Life and Health <strong>Insurance</strong> Guaranty Association Act Notice<br />
Requirements (emergency rule effective September 23, <strong>2009</strong>)<br />
The rule amendments updated <strong>the</strong> rule appendix to reflect both extensive amendments by <strong>the</strong><br />
<strong>2009</strong> Legislature to <strong>the</strong> Guaranty Association Act (“GAA”) and added a separate form as an additional<br />
appendix that sets forth <strong>the</strong> separate document required if <strong>the</strong> policy/contract being delivered will not be<br />
covered by <strong>the</strong> Guaranty Association as required by W. Va. Code §33-26A-19(d).<br />
114 CSR 64 - Mental Health Parity (emergency rule effective September 9, <strong>2009</strong>)<br />
The rule amendments were necessary to reflect <strong>2009</strong> amendments to <strong>the</strong> state parity statute, as<br />
well as to address more specifically some <strong>of</strong> <strong>the</strong> o<strong>the</strong>r aspects <strong>of</strong> <strong>the</strong> federal law (parity in use <strong>of</strong> out <strong>of</strong><br />
network providers, actuarial certification <strong>of</strong> <strong>the</strong> costs and record retention). The amendment to <strong>the</strong><br />
state parity statute (2 nd Enr. Com Sub. for H.B. 3288) contained an internal effective date that made <strong>the</strong><br />
amendment applicable to “any plan year beginning on or after October 3, <strong>2009</strong>”; <strong>the</strong>refore, <strong>the</strong><br />
emergency rule needed to be in place by October 3, <strong>2009</strong> in order to comply with <strong>the</strong> newly amended<br />
statute and with federal law.<br />
114 CSR 80 - Viatical Settlements (emergency rule effective September 9, <strong>2009</strong>)<br />
The rule amendment reflects a change contained in SB 284, enacted in <strong>2009</strong> and effective July<br />
10, <strong>2009</strong>, which amended <strong>the</strong> viatical broker licensing provisions to permit, as an alternative to <strong>the</strong> preamendment<br />
requirement <strong>of</strong> <strong>the</strong> filing <strong>of</strong> a $250,000, evidence <strong>of</strong> an errors and omissions policy in <strong>the</strong><br />
amount <strong>of</strong> $100,000 per occurrence and $300,000 annual limit.<br />
EMERGENCY ORDERS<br />
Eight (8) emergency orders were issued by <strong>the</strong> <strong>Insurance</strong> <strong>Commissioner</strong> in <strong>2009</strong>.<br />
09-EO-01 - Emergency Order entered on February 3, <strong>2009</strong> - Re: Winter storm beginning January 26,<br />
<strong>2009</strong> which caused considerable snow and ice, disrupted transportation, downed trees and power lines<br />
and considerable damage to private and public property throughout Cabell, Putnam, Kanawha and<br />
surrounding counties in <strong>the</strong> State <strong>of</strong> <strong>West</strong> <strong>Virginia</strong>. Normal time frames for claim handling and<br />
settlement set forth in <strong>West</strong> <strong>Virginia</strong> Code <strong>of</strong> State Rules Title 114, Series 14, Section 5 and subsections<br />
6.2., 6.3., 6.7., 7.3.c., and 7.5. were suspended in <strong>the</strong> State <strong>of</strong> <strong>West</strong> <strong>Virginia</strong> for claims arising out <strong>of</strong><br />
<strong>the</strong> winter storm which began on January 26, <strong>2009</strong>.<br />
09-EO-02 - Emergency Adjuster Order entered on February 3, <strong>2009</strong> - Re: Winter storm beginning<br />
January 26, <strong>2009</strong> which caused considerable snow and ice, disrupted transportation, downed trees and<br />
power lines and considerable damage to private and public property throughout Cabell, Putnam,<br />
Kanawha and surrounding counties in <strong>the</strong> State <strong>of</strong> <strong>West</strong> <strong>Virginia</strong>. The <strong>Commissioner</strong> authorized <strong>the</strong><br />
licensing <strong>of</strong> sufficient emergency adjusters to meet <strong>the</strong> demands <strong>of</strong> <strong>the</strong> public in Cabell, Putnam,<br />
Kanawha and surrounding counties in <strong>the</strong> State <strong>of</strong> <strong>West</strong> <strong>Virginia</strong> as a result <strong>of</strong> <strong>the</strong> winter storm which<br />
began on January 26, <strong>2009</strong>.<br />
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