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Introduced Version House Bill 3323 History

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hb3323 intr
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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