H. B. 4056


(By Delegates Smirl and Adkins)
[Introduced January 15, 1996; referred to the
Committee on Banking then Finance.]




A BILL to amend and reenact section thirty-six, article six, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the time from thirty days to ninety days after the termination of a marriage in which an insured may request his or her own automobile liability insurance policy with the same provisions as the former policy.

Be it enacted by the Legislature of West Virginia:
That section thirty-six, 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.

§33-6-36. Continuation of coverage under automobile liability policy; selection of coverage; exclusions; notice.

(a) In the event of death, legal separation or termination of the marital relationship of the named insured, the named insured or spouse covered by a motor vehicle liability policy for a period of two or more years shall, upon request of the named insured or spouse within thirty ninety days of the expiration of said policy, be issued his or her own individual motor vehicle liability insurance policy providing the same coverage program and coverages as the original policy through the same insurer, without any lapse in coverage: Provided, That any such named insured or spouse may elect to increase or decrease the amount of coverage in his or her respective policies without affecting any privilege provided by this section. Any named insured or spouse 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 canceled, nonrenewed or terminated pursuant to the provisions of section one or section four, article six-a of this chapter.
(b) Insurers shall notify all named insureds at policy issuance or the first renewal after the effective date of this section and upon any change or termination of the policy for reasons other than those provided in sections one and four of article six-a of this chapter of the right of the named insured or spouse to continue coverage as provided by this section.
(c) The commissioner 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.





NOTE: The purpose of this bill is to increase the amount of time from 30 to 90 days that an insured has after termination of a marriage to request his or her own automobile liability insurance policy with the same coverage.

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

BANKING AND INSURANCE COMMITTEE AMENDMENT


On page two, section thirty-six, line six, by striking out the comma following the word "insurer", and on line seven by striking out the words "without any lapse in coverage".