HB 2834 Text

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Introduced Version House Bill 2834 History

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hb2834 intr H. B. 2834

(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced March 2, 2005; 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 homeowner insurance discrimination against dog owners.

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 applicant or named insured's ownership of any breed of dog, unless there is evidence that the actual dog owned by the applicant or named insured has exhibited dangerous or vicious behavior.

NOTE: The purpose of this bill is to prohibit insurance companies providing homeowner's insurance from discriminating against persons owning certain breeds of dogs.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.