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