Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version House Bill 3311 History

   |  Email


hb3311 intr
H. B. 3311


(By Delegates Miley and R. Thompson)
[Introduced March 25, 2005; referred to the
Committee on Banking and Insurance then the Judiciary.]




A BILL to amend and reenact §33-6B-3 of the Code of West Virginia, 1931, as amended, relating to prohibiting the number of inquiries reflected in a credit report, credit score report or CLUE report from adversely affecting an application for insurance; and, prohibiting reliance on information which is false or potentially false.

Be it enacted by the Legislature of West Virginia:
That §33-6B-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 6B. DECLINATION OF AUTOMOBILE LIABILITY INSURANCE.
§33-6B-3. Declinations; prohibited reasons.
The declination of an application for a private passenger policy of automobile liability insurance by an insurer, agent or broker is prohibited if the declination is:
(a) Based upon the race, religion, nationality or ethnic group, of the applicant or named insured;
(b) Based solely upon the lawful occupation or profession of the applicant or named insured, unless the decision is for a business purpose that is not a mere pretext for unfair discrimination: Provided, That this provision does not apply to any insurer, agent or broker that limits its market to one lawful occupation or profession or to several related lawful occupations or professions;
(c) Based upon the principal location of the insured motor vehicle unless the decision is for a business purpose which is not a mere pretext for unfair discrimination;
(d) Based solely upon the age, sex or marital status of an applicant or an insured, except that this subsection does not prohibit rating differentials based on age, sex or marital status;
(e) Based upon the fact that the applicant has previously obtained insurance coverage with a substandard insurance carrier;
(f) Based upon the fact that the applicant has not previously been insured;
(g) Based upon the fact that the applicant did not have insurance coverage for a period of time prior to the application;
(h) Based upon the fact that the applicant or named insured previously obtained insurance coverage through a residual market insurance mechanism;
(i) Based upon the fact that another insurer previously declined to insure the applicant or terminated an existing policy in which the applicant was the named insured;
(j) Based solely upon an adverse credit report or adverse credit scoring;
(k) Based, in any part, upon the number of inquiries reflected in a credit report, credit score report or CLUE report or upon any information contained in any of these reports, the accuracy of which is disputed by the applicant.
Nothing in this section may be construed to prohibit an insurer, agent or broker from using legitimate, documented, underwriting data in making their own independent risk assessment of an applicant for insurance.



NOTE: The purpose of this bill is to
prohibit the number of inquiries reflected in a credit report, credit score report or CLUE report from adversely affecting an application for insurance; and, prohibiting reliance on information which is false or potentially false.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****