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Introduced Version House Bill 2851 History

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hb2851 intr
H. B. 2851


(By Delegates Frich, Tansill, Lane and Frederick)
[Introduced March 3, 2005; referred to the
Committee on Banking and Insurance then the Judiciary.]




A BILL to amend and reenact §33-11-3 of the Code of West Virginia, 1931, as amended, relating to barring third-party claims against insurers for violation of the Unfair Trade Practices Act.

Be it enacted by the Legislature of West Virginia:
That §33-11-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 11. UNFAIR TRADE PRACTICES.

§33-11-3. Unfair methods of competition and unfair or deceptive acts or practices prohibited.

(a) No person shall engage in this state in any trade practice which is defined in this article as, or determined pursuant to section seven of this article to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
(b) Notwithstanding any other provision of law, absent privity of contract, no claim or action may be filed against an insurer, its employees or agents alleging that the insurer, its employees or agents has violated any provisions of this article: Provided, That this subsection does not limit the authority of the Insurance Commissioner to otherwise initiate an administrative action against an insurer pursuant to this article.



NOTE: The purpose of this bill is to bar
third-party claims against insurers for violation of the Unfair Trade Practices Act.

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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