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Introduced Version House Bill 2071 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2071


(By Delegate Talbott)

[Introduced January 13, 2010; referred to the

Committee on Banking and Insurance then the Judiciary.]





A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-31g, relating to automobile insurance policies; and prohibiting discrimination in rates on the basis of claims filed in which the insured is determined not to be at fault.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §33-6-31g, to read as follows:

ARTICLE 6. THE INSURANCE POLICY.

§33-6-31g. Nondiscrimination in automobile insurance rates for claims filed in which insured is determined not to be at fault.

No insurer, in determining rates to be charged for a policy or contract of bodily injury liability insurance or of property damage liability insurance covering liability arising from the ownership, maintenance or use of a motor vehicle, may discriminate in any manner against an insured having filed claims under the uninsured or under insured motorist coverage required by section thirty-one of this article.




NOTE: The purpose of this bill is to prohibit discrimination in rates by insurance companies because of having filed claims under the uninsured and under insured coverage of an automobile insurance policy.

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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