Senate Bill No. 371

(By Senator Minard)

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[Introduced March 16, 1993; referred to the Committee
on the Judiciary.]

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A BILL to amend and reenact section eleven-b, article six, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the right to return a life or accident and sickness insurance policy, certificate or contract; to clarify the rights of group insurance certificate holders; and to exempt from the requirements of this section certain group annuity contracts.

Be it enacted by the Legislature of West Virginia:
That section eleven-b, article six, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 6. THE INSURANCE POLICY.

§33-6-11b. Right to return life or accident and sickness insurance policy, certificate or contract.

All life or sickness and accident insurance policies, certificates or contracts issued to persons in this state shallhave a notice prominently printed on the first page of the policy, certificate or contract stating in substance that the insured person or person obtaining the policy shall have the right to return the policy, certificate or contract within ten days of its receipt and to have the premium refunded if, after examination of the policy, certificate or contract, the person obtaining the insurance is not satisfied for any reason: Provided, That this section does not apply to group annuity policies, contracts or certificates issued in connection with a pension or profit-sharing plan qualified or exempt under sections 401, 403, 408, 457 or 501 of the Internal Revenue Code.



NOTE: The purpose of this bill is to exempt from the ten-day "free look" requirement group annuity contracts and certificates issued in connection with tax qualified pension or profit sharing plans.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.