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Important Message About Informational Letters

Important Message About Informational Letters

The Informational Letters below represent the Insurance Commissioner’s current policy positions on various insurance-related topics. Please be advised that the West Virginia Offices of the Insurance Commissioner no longer delivers Informational Letters by U.S. Mail. If you wish to receive these Letters, you must maintain a correct e-mail address by notifying Janice Hemmelgarn at Janice.L.Hemmelgarn@wv.gov. If you have a question concerning an Informational Letter, please e-mail your question to OICInformationalLetters@wv.gov or call (304) 558-0401.

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Informational Letters Index
NumberDescriptionCommentPDFWord
#6Excessive Charges By AgentsDated: October 1971
#10Valued Policy LawDated: January 1980 - See W.Va. Code § 33-17-9
#15West Virginia Administrative Regulation Of Credit Life And Credit Accident And Sickness InsuranceDated: November 1982
#25Brief Summary Of Significant Insurance Legislation Enacted During The 1984 Regular Session Of The WV LegislatureDated: June 1984 - 1984 Legislative Summary
#32Compulsory Motor Vehicle Liability Insurance - StatuteDated: April 1985
#33Brief Summary Of Significant Insurance Enacted During The 1985 Regular Session Of The WV LegislatureDated: May 1985 - 1985 Legislative Summary
#38Brief Summary Of Significant Insurance Legislation Enacted During The 1986 Regular Session And First Extraordinary Session Of The WV LegislatureDated: July 1986 - 1986 Legislative Summary
#39Cancellation Or Nonrenewal Of Automobile Liability Or Physical Damage Insurance PoliciesDated: July 1, 1986 - Amends Informational Letter #35
#40Approval Of Rate Filings - Consent To Rate Dated: Dec. 1986 - Fee has changed to $25.00
#42Brief Summary Of Significant Insurance Legislation Enacted During The 1987 Regular Session Of The West Virginia Legislature.Dated: May 1987 - 1987 Legislative Summary
#43Mass Marketed Life And Health Insurance Filing AbstractsDated: July 1987
#43 SupSenate Bill No. 487 -- Disclosure Information Concerning Mass Marketed Life And Health Insurance Filing Abstracts 
#45BDisapproval Of Policies By Lienholders Due To Lack Of A.M. Best Rating, §33-11-5(b)(2) Of The West Virginia CodeDated: May 1993
#48Guidelines For Video-Cassette CommercialsDated: December 28, 1987
#49Complaints And Inquiries Concerning Agents Of The InsurerDated: February 2, 1988
#50Federal Liability Risk Retention Act Of 1986Dated: April 12, 1988
#52Insurance Legislation Enacted During The 1988 Session Of The WV LegislatureDated: June 1988 - 1988 Legislative Summary 
#52 ErrataErrataLegislative Action 
#57Filing Requirements For Insurers Providing Accident And Sickness Coverage, Group & Individual, In West VirginiaDated: Dec. 1988 - Use caution on exemptions
#61§3903(d)(2) Of The Federal Risk Retention Act Of 1986, Requiring Purchasing Groups To Give Notice To State Insurance CommissionersDated: April 1989
#65Significant Insurance Legislation Enacted During The 1989 Regular Session Of The WV LegislatureDated: July 1989 - 1989 Legislative Summary
#70Brief Summary Of Significant Insurance Legislation Enacted During The 1990 Regular Session Of The West Virginia LegislatureDated: May 1990 - 1990 Legislative Summary
#73Temporomandibular Joint Disorder (TMD) And Craniomandibular Disorder (CMD) RegulationDated: June 1990
#77Significant Insurance Legislation Enacted During The 1991 Regular Session Of The LegislatureDated: April 1991 - 1991 Legislative Summary
#80Brief Summary Of Significant Insurance Legislation Enacted During The 1992 Regular Session Of The West Virginia Legislature.Dated: May 1992 - 1992 Legislative Summary
#86Summary Of 1993 LegislationDated: May 1993 - 1993 Legislative Summary
#87Summary Of 1993 Legislative RulesDated: June 1993 - 1993 Rules Summary
#90Release Of Records For Medicaid RecipientsDated: Oct. 26, 1993
#91Summary Of 1994 LegislationDated: April 1994 - 1994 Legislative Summary
#92Summary Of 1995 LegislationDated: April 1995 - 1995 Legislative Summary; numbered incorrectly
#94-B1996 Legislative Information Pertaining To Replacement Of Life Insurance And Low Value Life Insurance PoliciesDated: August 1996
#95Treatment Of Assessment PaymentsDated: May 1996
#96Summary Of 1996 LegislationDated: May 1996 - 1996 Legislative Summary
#97Automotive Crash PartsDated: May 1996
#98Significant 1996 HMO Statutory ChangesDated: July 1996 - 1996 Legislative Summary regarding Health Maintenance Organizations
#99HMO Provider BillingDated: August 1996
#101APunitive Damages Exclusions In Personal Lines Liability Insurance PoliciesDated: January 1997 
#102Insurance For DiabeticsDated: November 1996
#104Summary of Significant Insurance Legislation Enacted During The 1997 Regular Session Of The West Virginia LegislatureDated: May 1997 - 1997 Legislative Summary
#105Revised Resident Agent Licensing ApplicationDated: June 1997 - Forms are current
#106Election Of Individual Guaranteed Issue Policies Under The Federal Fallback Provisions Of The Health Insurance Portability And Accountability Act Of 1996 And West Virginia Code §33-15-2bDated: July 1997
#107CanadaNon-ResidentInter-Province Motor Vehicle Liability Insurance Power Of Attorney And UndertakingDated: August 1997 - Contact information is accessible at www.ccir-ccrra.org
#109-ASolicitation of medicare supplement policies to persons eligible by reason of age -- time frame for obtaining medicare supplement application,Dated: May 1998
#109-BTime Frame for Writing Medicare Supplement ApplicationsDated: January 2016 
#110Brief summary of significant insurance legislation enacted during the 1998 regular session of the West Virginia LegislatureDated: May 1998 - 1998 Legislative Summary
#112Health Maintenance Organization Renewal Application ChecklistDated: November 1998 - Mileage standards are applicable
#113Triple X (Senate Bill 214)Dated: April 1999
#114Summary of Legislation Enacted During the 1999 Regular Session of the West Virginia LegislatureDated: May 1999 - 1999 Legislative Summary
#115Adjustment of Total Loss Auto ClaimsDated: May 1999
#116Aids Testing/Reporting RequirementsDated: November 1999
#118Summary of Legislation Enacted During the 2000 Regular Session of the West Virginia LegislatureDated: May 2000 - 2000 Legislative Summary
#119-BArbitration and Appraisal Provisions - HomeownersDated: July 2002 - Supersedes Informational Letter #119-A
#121Follow-up to Informational Letters #120 and #120-A-Revised Forms and Explanation of Procedure for "Making Available" UM and UIM coverage to Insureds.Dated: July 2000 - Amended by Informational Letter #121-A; See Informational Letter #135B
#121-AClarification of Uninsured and Underinsured Coverage OffersDated: July 2002
#123Official Used Car GuidesDated: October 2000 - Relates to 115, 127, 143
#124Codification of Statutory Accounting PrinciplesDated: October 2000
#126Premium Tax Credit for Investment in West Virginia Securities (House Bill 4303)Dated: January 2001 - Revised forms January 2002
#127Official Used Car GuidesDated: February 2001 - Relates to 115, 123, 143
#128Summary of Legislation Enacted During the 2001 Regular Session of the West Virginia LegislatureDated: May 2001 - 2001 Legislative Summary
#130UM/UIM Excess FormDated: June 2001
#131Excess Lines Brokers - Insurance Tax Procedures Act (ITPA)Dated: June 2001
#132Risk Retention Groups-Insurance Tax Procedures Act (ITPA)Dated: June 2001
#133All Insurers - Insurance Tax Procedures Act (ITPA)Dated: June 2001
#134All HMO's - Patient Bill of RightsDated: July 2001
#135BElectronic Transaction of InsuranceDated: July 2010 
#138Executive Order Blocking Property & Prohibiting Transactions with Persons who Permit, threaten to commit, or support terrorismDated: October 2001
#140Family Member ExclusionsDated: July 2002
#141Summary of 2002 LegislationDated: July 2002 - 2002 Legislative Summary
#142BCredit Scoring for Personal LinesDated: December 2007
#143Revisions - Official Used Car GuidesDated: July 2002 - Relates to 115, 123, 127
#144Foreign licensed fraternal, life and accident and health, property and casualty, risk retention groups, title and reciprocal insurance companiesDated: January 2003
#145Summary of 2003 LegislationDated: June 2003 - 2003 Legislative Summary
#146Mental Health ParityDated: October 2003
#147Summary of 2004 Legislation Dated: May 2004 - 2004 Legislative Summary
#148Reunderwriting Policies of Property InsuranceDated: July 2004
#149Complaint RecordDated: October 2004
#150Implementation of Nonrenewal Method Elected by Insurer under West Virginia Code Section 33-6A-4bDated: December 2004
#151Interpretation of Exception to Licensure Requirement for Adjusters Under 114-25-3.2Dated: February 2005
#152Summary of 2005 LegislationDated: May 2005
#153Clarification of "Notation of Consumer Costs Savings" RequirementDated: June 2005
#154Mandatory Reporting of Insurance Fraud and Designation of Company Fraud ContactDated: December 2005
#155Appointment requirements for producers acting on behalf of an insurance companyDated: December 2005
#156Summary of 2006 LegislationDated: April 2006
#157Dependents' Death Benefit Claim under W. Va. Code § 23-4-10Dated: May 2006
#158Summary of 2007 LegislationDated: June 2007
#159Summary of 2008 LegislationDated: May 2008
#160West Virginia Workers' Compensation Legislative Changes - HB 4636Dated: May 2008
#161Procedures to Follow for Coverage IssuesDated: August 2008
#162Procedures for Calculating Workers' Compensation Benefits Based on Average Weekly WageDated: August 2008 
#162AProcedures for Calculating Workers' Compensation Benefits Based on Average Weekly WageDated: April 2011 - Updated Informational Letter #162 
#163Mandatory Use of SERFF and EFT for Submitting Rate and Form FilingsDated: September 2008
#164Limitations on Reopenings Imposed by WV Code §23-4-16Dated: October 2008
#165Definition of "Governmental Bodies" as used in WV Code §23-2C-15(b)Dated: January 2009
#166Licensure of PBMs as TPAsDated: February 2009 
#167Workers' Compensation Non-Awarded Partial ("NAP") BenefitsDated: March 2009
#168Extended election period for COBRA coverage pursuant to the American Recovery and Reinvestment Act of 2009Dated: April 2009
#168AExtended election period for COBRA coverage pursuant to the American Recovery and Reinvestment Act of 2009Dated: April 2009 - Revised Informational Letter #168 
#169Summary of 2009 LegislationDated: September 2009 
#170Funeral or Cemetery Expenses pursuant to W. Va. Code §23-4-4(a)Dated: August 2009 
#171Debt Cancellation Contracts and Debt Suspension AgreementsDated: September 2009 
#172Record Retention RequirementDated: September 2009
#173Alternative Payment Methods for Benefit AwardsDated: September 2009
#174Summary of 2010 LegislationDated: June 2010 - 2010 Legislative Summary 
#176Workers' Compensation Dependents' Death Benefits - Notices to Dependents Under W. Va. Code §23-4-10(f)Dated: October 2010 
#177Processing of Occupational Pneumoconiosis ClaimsDated: April 2011 
#178AUse of Retained Asset AccountsDated: May 2011 - Effective July 11, 2011. Supersedes Informational Letter 178. 
#179Summary of 2011 LegislationDated: July 2011 - 2011 Legislative Summary 
#180West Virginia FAIR Plan and the Voluntary MarketDated: June 2011 
#181AAmended Summary of 2012 LegislationDated: January 2013 - 2012 Legislative Summary 
#182Guidance on the Implementation of the West Virginia Long-Term Care Partnership ProgramDated: June 2012 
#183West Virginia Workers' Compensation Regulatory Surcharge ChangeDated: July 2012 
#184"Habilitative Benefit" Category of Essential Health BenefitsDated: March 2013 
#185Infertility Services - Minimum BenefitsDated: March 2013 
#186Providing Essential Health Benefits in West VirginiaDated: March 2013 
#186AProviding Essential Health Benefits in West VirginiaDated: February 2016 
#187Summary of 2013 LegislationDated: July 2013 - 2013 Legislative Summary 
#188Summary of 2014 LegislationDated: April 2014 - 2014 Legislative Summary 
#189Unfair Claims Settlement Practices Act, Notice of Necessary Delay Letter(s) and W.Va. Code of State Rules §§114-14-1, et seq.Dated: May 2014 
#190W. Va. Code of St. R. 114-95 - Utilization Review & Benefit Determination; W. Va. Code of St. R. 114-96 - Health Plan Issuer Internal Grievance Procedure; W. Va. Code of St. R. 114-97 - External Review of Issuers' Adverse Health Insurance DeterminationDated: October 2014 
#190AW. Va. Code of St. R. 114-97 - External Review of Issuers' Adverse Health Insurance DeterminationDated: July 2015 
#191Hospital Indemnity or Other Fixed Indemnity PoliciesDated: December 2014 - See Informational Letter #191A Dated February 2017 
#191AHospital Indemnity or Other Fixed Indemnity Policies - Attestation RequirementDated: February 2017 
#192Summary of 2015 LegislationDated: May 2015 
#193Minimum Financial Responsibility Limits & UM/UIM Offer FormsDated: July 2015
#194Excess/Umbrella Liability Policies - UM/UIM Offer FormsDated: July 2015
#195Medical Procedure CodingDated: July 2015 
#196Protecting Affordable Coverage for Employees ActDated: October 2015 
#197Summary of 2016 LegislationDated: May 2016 
#198Gramm-Leach-Bliley Act Annual Privacy NoticesDated: June 2017 
#199Summary of 2017 LegislationDated: June 2017 - 2017 Legislative Summary 
#200Summary of 2018 LegislationDated: June 2018 - 2018 Legislative Summary 
#201Letter of Exemption From Workers' Compensation Insurance CoverageDated: November 2018 
#202Permissible Duties of Unlicensed Customer Service Representatives Dated: February 2019