Senate Bill No. 40

(By Senator Whitlow)

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[Introduced February 10, 1993; referred

to the Committee on Banking and Insurance.]

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A BILL to amend article seventeen, 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 two-a, relating to fire and marine insurance; and providing optional coverage at lower rates for homeowners who purchase policies which do not include cost of replacement when a total loss occurs.

Be it enacted by the Legislature of West Virginia:
That article seventeen, 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 two-a, to read as follows:
ARTICLE 17. FIRE AND MARINE INSURANCE.

§33-17-2a. Option to be included.

No policy of fire insurance covering property in West Virginia may be made, issued or delivered unless it provides the insured the option, in the case of residential property, toselect coverage that (a) includes cost of replacement when a total loss occurs at existing rates for that coverage, or (b) does not include cost of replacement when a total loss occurs at rates lower than the existing rates for "cost of replacement" coverage.



NOTE: The purpose of this bill is to require fire insurance policies to contain an option for homeowners to buy a policy with or without "replacement cost" when a total loss occurs. If the option is made to buy the policy without "replacement cost," the premium is less than that for a policy issued "with replacement cost."

This section is new; therefore, strike-throughs and underscoring have been omitted.