Bias v. Nationwide Mut. Ins. Co
In Bias v. Nationwide Mut. Ins. Co., 179 W.Va. 125, 365 S.E.2d 789 (1987), the Court determined that the insurer has the burden of proving that an effective offer was made and that any rejection of the offer was knowing and informed.
Furthermore, "when an insurer is required by statute to offer optional coverage, it is included in the policy by operation of law when the insurer fails to prove an effective offer and a knowing and intelligent rejection by the insured."