H. B. 3323
(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 the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §33-12D-1, §33-12D-2
and §33-12D-3, all relating to prohibiting retaliation by an
insurer against an employee or agent; providing immunity from
damages as a result of any truthful report; and providing a
penalty
for retaliatory action taken by an insurer
.
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 article, designated §33-12D-1, §33-12D-2
and §33-12D-3, all to read as follows:
ARTICLE 12D. RETALIATORY ACTIONS.
§33-12D-1. Prohibition on retaliation; immunity from suit;
penalty.
No insurer may take any retaliatory action, whether
disciplinary, economic, or otherwise, against any agent, broker, adjuster or other employee, as a result of any true information
provided by the agent, broker, adjuster, or employee to the
Insurance Commissioner, National Association of Insurance
Commissioners, professional association, court, prosecutor or
lawyer.
§33-12D-2. Immunity.
No agent, broker, adjuster or employee of any insurer is
liable for any damages arising, or arguably arising, from any
truthful report provided by the agent, broker, adjuster or employee
to any insurer, Commissioner of Insurance, National Association of
Insurance Commissioners, professional association, court,
prosecutor or lawyer.
§33-12D-3. Penalty.
Any violation of section one or two of this article shall
entitle the agent, broker, adjuster or employee to civil damages
for any actual out-of-pocket loss, trebled, together with any other
compensatory or punitive damages as established by the evidence for
retaliatory action taken by an insurer.
NOTE: The purpose of this bill is to
prohibit retaliation by
an insurer against an employee or agent; to provide immunity from
damages as a result of any truthful report; and to provide a
penalty
for retaliatory action taken by an insurer
.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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