West Virginia Code Chapter 33. Insurance § 33-6-31h. Excluded drivers; definitions; legislative findings; restrictive endorsements

(1) A “motor vehicle liability policy” means an “owner's policy” or an “operator's policy” of liability insurance certified as provided in section twelve, article four, chapter seventeen-d of this code.

(2) “Excluded driver” means any driver specifically excluded from coverage under section thirty- one, article six, chapter thirty-three of this code.

(3) “Minimum financial responsibility limits” means those limits defined in section two, article four, chapter seventeen-d of this code.

(1) The explicit, plain language of a motor vehicle liability policy between an insurer and its insureds should control its effect;

(2) Where insurers are required by the common law to provide minimum financial responsibility limits coverage for excluded drivers, consumers not excluded by restrictive endorsement are negatively impacted;

(3) The decision of the Supreme Court of Appeals of West Virginia in Jones v. Motorists Mutual Insurance Company, 177 W. Va. 763 (1987) interpreted chapter seventeen-d of this code to require insurers to provide minimum financial responsibility limits of coverage to excluded drivers; and

(4) It is not the intent of the legislature to require insurers to provide minimum financial responsibility limits of coverage to excluded drivers.