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Introduced Version House Bill 3276 History

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hb3276 intr
H. B. 3276


(By Delegate Talbott)
[Introduced March 25, 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 §33-6-31g, relating to automobile insurance policies; and prohibiting discrimination in rates on the basis of claims filed in which the insured is determined not to be at fault.

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 §33-6-31g, to read as follows:
ARTICLE 6. THE INSURANCE POLICY.

§33-6-31g. Nondiscrimination in automobile insurance rates for claims filed in which insured is determined not to be at fault.

No insurer, in determining rates to be charged for a policy or contract of bodily injury liability insurance or of property damage liability insurance, covering liability arising from the ownership, maintenance or use of a motor vehicle, may discriminate in any manner on the basis of an insured's having filed claims under the uninsured or under insured motorist coverage required by section thirty-one of this article.



NOTE: The purpose of this bill is to prohibit discrimination in rates by insurance companies because of having filed claims under the uninsured and under insured coverage of an automobile insurance policy.

§33-6-31g is new; therefore, strike-throughs and underscoring have been omitted.
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