H. B. 4105


(By Delegates Preece, Whitman, Hendricks,
Dempsey and Ellis)

[Introduced January 24, 1994; referred to the
Committee on Banking and Insurance.]



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-one-e, relating to prohibiting insurers from considering speeding offenses in determining the rates of a motor vehicle policy; and providing an exception.

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-one-e, to read as follows:
ARTICLE 6. THE INSURANCE POLICY.

§ 33-6-31e. Difference in rates for speeding offenses prohibited.

No insurer, in determining rates to be charged for a policy or contract of bodily insurance or of property damage liability insurance covering liability arising from the ownership, maintenance or use of a motor vehicle, may use evidence of a speeding offense of an insured or potential insured, unless the speeding offense involves a reckless driving offense.




NOTE: The purpose of this bill is to prohibit insurers from considering speeding offenses in determining rates for automobile insurance, unless a speeding offense involves a reckless driving offense.

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