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Introduced Version House Bill 2898 History

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hb2898 intr
H. B. 2898


(By Delegates Azinger, Evans, DeLong, Beane,
Amores, Campbell and Stalnaker)

[Introduced March 7, 2005; referred to the
Committee on Veterans Affairs and Homeland Security then the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-20C-6, relating to providing that physicians are exempt from cancellation or nonrenewal of medical malpractice coverage when called to active duty in the armed forces; and, providing that the requirement to pay premiums on such a policy of coverage is suspended until the return of the physician from active duty.

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 §33-20C-6, to read as follows:
ARTICLE 20C. CANCELLATION OR NONRENEWAL OF MALPRACTICE INSURANCE POLICIES.

§33-20C-6. Physicians exempt from coverage during times of deployment to active duty in armed forces.

Notwithstanding any contract provision to the contrary, no insurer may cancel or refuse to renew an existing malpractice insurance policy on the basis that the insured is called to active duty in the armed forces. In the event an insured is called to active duty, any requirement to pay premiums ceases and is suspended during the period of the insured's active duty. In such event, the insurer shall allow the insured to resume coverage when the insured returns from active duty, either with the payment of the premium that would have been due except for the insured's calling to active duty, or by renewing the policy in accordance with the terms and conditions of coverage and premium rates that existed at the time the coverage was suspended.





NOTE: The purpose of this bill is to exempt physicians from cancellation or nonrenewal of medical malpractice coverage when they are called to active duty in the armed forces. The bill provides that the requirement to pay premiums on such a policy of coverage is suspended until the return of the physician from active duty.


This section is new; therefore, strike-throughs and underscoring have been omitted.
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