Introduced Version
House Bill 2794 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2794
(By Delegates Reynolds, Stowers, Ferns, Sponaugle,
Barrett, Phillips, R., Moye, Skaff, Guthrie,
Walker and Marcum)
[Introduced March 1, 2013; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend and reenact §33-17A-6 of the Code of West Virginia,
1931, as amended, relating to prohibiting declination or
termination of property insurance based solely upon a home
owner's possession of a certain breed of dog; and providing an
exception.
Be it enacted by the Legislature of West Virginia:
That §33-17A-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 17A. PROPERTY INSURANCE DECLINATION, TERMINATION AND
DISCLOSURE.
§33-17A-6. Discriminatory terminations and declinations
prohibited.
No insurer may decline to issue or terminate a policy of
insurance subject to this article if the declination or termination
is:
(a) Based upon the race, religion, nationality, ethnic group, age, sex or marital status of the applicant or named insured;
(b) Based solely upon the lawful occupation or profession of
the applicant or named insured, unless the decision is for a
business purpose that is not a mere pretext for unfair
discrimination: Provided, That this provision does not apply to
any insurer, agent or broker that limits its market to one lawful
occupation or profession or to several related lawful occupations
or professions;
(c) Based upon the age or location of the residence of the
applicant or named insured unless the decision is for a business
purpose that is not a mere pretext for unfair discrimination or
unless the age or location materially affects the risk;
(d) Based upon the fact that another insurer previously
declined to insure the applicant or terminated an existing policy
in which the applicant was the named insured;
(e) Based upon the fact that the applicant or named insured
previously obtained insurance coverage through a residual market
insurance mechanism;
(f) Based upon the fact that the applicant has not previously
been insured;
(g) Based upon the fact that the applicant did not have
insurance coverage for a period of time prior to the application;
or
(h) Based solely upon an adverse credit report or adverse credit scoring; or
_____(i) Based upon the sole fact that the applicant has a certain
breed of dog. However, this provision does not apply to any
applicant who owns a dog that has a history of bitting people.
NOTE: The purpose of this bill is to prohibit declination or
termination of property insurance based solely upon an applicant's
or home owner's possession of a certain breed of dog. The bill
provides an exception if the dog has a history of bitting people.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.