Introduced Version
House Bill 2439 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2439
(By Delegate Hunt)
[Introduced February 14, 2013; referred to the
Committee on Banking and Industry then the Judiciary.]
A BILL to amend and reenact §33-6-33 of the Code of West Virginia,
1931, as amended, relating to insurance; determining the value
of a motor vehicle in a claim; requiring the use of the most
recent version of a nationally accepted "official used car
guide" for setting the value of a motor vehicle in a claim;
and requiring the Insurance Commissioner to identify and make
available to the public the most recent nationally accepted
"official used car guide".
Be it enacted by the Legislature of West Virginia:
That §33-6-33 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. THE INSURANCE POLICY.
§33-6-33. Value of motor vehicle involved in claim.
Insurance companies doing business in this state shall use the most recent version of an a nationally accepted "official used car
guide" approved by the Insurance Commissioner as a guide for
setting the minimum value of any motor vehicle involved in a claim
settlement arising from a motor vehicle accident. In addition to
any cash settlement value so agreed to by the claimant, there shall
be added an amount equal to five percent of the cash settlement
value as reimbursement to the claimant for the excise tax imposed
under section four, article three, chapter seventeen-a of the Code
of West Virginia. Insurance companies doing business in this state
shall inform the claimant as to the most recent nationally accepted
"official used car guide" being used as the basis for setting the
minimum value of the claimant's motor vehicle involved in a claim
settlement arising from a motor vehicle accident. The Insurance
Commissioner shall identify the most recent nationally accepted
"official used car guide" approved for the purposes of this section
and make this information readily available to the public.
NOTE: The purpose of this bill is to require the use of the
most recent version of a nationally accepted "official used car
guide" for setting the value of a motor vehicle in a claim. The
bill also requires the Insurance Commissioner to identify and make
available to the public the most recent nationally accepted
"official used car guide".
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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