Riffle v. State Farm Mut. Auto Ins. Co
In Riffle v. State Farm Mut. Auto Ins. Co., 186 W. Va. 54, 410 S.E.2d 413 (1991), the Court made clear that if an insurance company fails to make an effective offer of the level of un- or underinsured motorist coverage required by W.Va. Code, 33-6-31(b), then under Bias v. Nationwide Mut. Ins. Co., 179 W. Va. 125, 365 S.E.2d 789 (1987) that level of insurance will be read into the policy.
As the Court stated in Syllabus Point 2, "when an insurer fails to prove an effective offer and a knowing and intelligent waiver by the insured, the insurer must provide the minimum coverage required to be offered under the statute."
The Court held in Riffle that, in the absence of a proper offer, the minimum amount of uninsured and underinsured motorist coverage that an insurance company will be required to provide under the statute is "'an amount not less than the limits of bodily injury liability insurance and property damage liability insurance.'" 186 W. Va. at 55, 410 S.E.2d at 414.