COMMITTEE SUBSTITUTE
FOR
H. B. 2271
(By Delegates Phillips, Douglas, P. White,
Brown, Vest, Rowe and Compton)
(Originating in the House Committee on Banking and Insurance)
[March 10, 1993]
A BILL to amend article six, chapter thirty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirty-six, relating to insurance policies; the continuation
of coverage under automobile liability policies; exclusions;
notice; and rules to be promulgated by the commissioner of
insurance.
Be it enacted by the Legislature of West Virginia:
That article six, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirty-six, to read as follows:
ARTICLE 6. THE INSURANCE POLICY
§33-6-36. Continuation of coverage under automobile liability
policy; selection of coverage; exclusions; notice.
(a) A named insured, spouse, dependent child or other
resident relative covered by a motor vehicle liability policy for
a period of two or more years shall, upon request of such an
insured, be issued his or her own individual motor vehicleliability insurance policy providing the same coverage as the
original policy though the same insurer, within the same tier
rating, and without any lapse in coverage:
Provided,
That any
such insured may elect to increase or decrease the amount of
coverage in their respective policies without affecting any
privilege provided by this section. Any person requesting an
individual policy pursuant to this section shall be entitled to
the continuation of all rights and privileges afforded by section
one-a and section four of article six-a of this chapter which
were accrued under the original policy:
Provided, however,
That
this section shall not apply to any motor vehicle liability
insurance policy cancelled, non-renewed or terminated pursuant to
the provisions of section one or section four, article six-a of
this chapter.
(b) Each insurer shall give notice to all named insureds,
both current and future, of an insured's right to request an
individual policy pursuant to this section. The commissioner of
insurance shall promulgate rules in accordance with the
provisions of chapter twenty-nine-a of this code regarding the
form of such notice and procedures required by this section.
(c) All notices regarding any individual policy issued
pursuant to this section shall be sent to the named insured of
each such policy separate and independent from any notices
regarding the original policy.