Introduced Version
House Bill 2441 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2441
(By Delegate Hunt)
[Introduced February 14, 2013; 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 §33-11-11, relating
to unfair trading practices by insurance companies; providing
a third-party claimant may collect damages from an insurance
company that has intentionally engaged in an unfair trade
practice; and setting forth the requirements that must be met
before damages may be awarded
.
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 §33-11-11, to read as
follows:
ARTICLE 11. UNFAIR TRADE PRACTICES.
§33-11-11. Willful or intentional violations; cause of action;
elements; damages; procedure.
__________Notwithstanding any provision of this chapter to the contrary,
a third-party claimant who sustains damages as a consequence of the
willful or intentional violation of this article, may bring an
action against the person or entity committing the willful or
intentional violation and may recover all damages and pursue all
legal and equitable remedies available under the law. The
individual or entity must bring the action in a court of competent
jurisdiction and shall be required, in order to recover any of the
damages and remedies provided by this section, to establish by
competent proof by clear and convincing evidence: (1) That the
violation did in fact occur; (2) the violation was willful or
intentional; and (3) that damages resulted from the violation.
NOTE: The purpose of this bill is to permit a third-party
claimant to collect damages from an insurance company that has
intentionally engaged in an unfair trade practice. The bill sets
forth the requirements that must be met in order that damages may
be awarded.
This section is new; therefore, it has been completely
underscored.