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Introduced Version House Bill 3056 History

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hb3056 intr
H. B. 3056


(By Delegates Proudfoot and H. White)
[Introduced
March 16, 2005 ; 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 §33-6-37; and to amend said code by adding thereto a new section, designated §33-6A-1b, all relating to insurance policies; requiring insurers to provide their policy governing premium rate increases to their insureds when a policy is issued or rewritten; to allow the Commissioner of Insurance to promulgate rules for implementation; and to prohibit insurers from raising automobile liability premiums when an insured intentionally allows a policy to lapse.

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 §33-6-37; and that said code be amended by adding thereto a new section, designated §33-6A- 1b, all to read as follows:
ARTICLE 6. THE INSURANCE POLICY.

§33-6-37. Insurer to provide insured with policy governing premium rate increases; promulgation of rules.

Notwithstanding any provision of this code to the contrary, any time an insurance policy is issued or rewritten for any reason, the insurer shall provide the insured with a copy of the current insurer's policy or statement governing premium rate increases. This policy or statement shall include: (1) When an insurer can raise premiums; (2) how much of a premium increase can be charged by an insurer for each occurrence or nonoccurrence that raises premiums, including, but not limited to, what and when claim raise premiums; and (3) when and why an insurer may cancel an insured's insurance policy.
The Commissioner of Insurance may promulgate rules to implement and enforce this section pursuant to chapter twenty-nine- a of this code.
ARTICLE 6A. CANCELLATION OR NONRENEWAL OF AUTOMOBILE LIABILITY POLICIES.

§33-6A-1b. Intentional lapse of coverage not cause for premium rate increases.

An insurer may not consider an insured a substandard insured and raise the insured's automobile liability premiums because the insured intentionally allowed his or her insurance coverage to lapse.


NOTE: The purpose of this bill is to
require insurers to provide their policy governing premium rate increases to their insureds when a policy is issued or rewritten; allowing the Commissioner of Insurance to promulgate rules for implementation; and prohibiting insurers from raising automobile liability premiums when an insured intentionally allows a policy to lapse.

§§33-6-37 and 33-6A-1b are new; therefore, strike-throughs and underscoring have been omitted.


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