SENATE CONCURRENT RESOLUTION NO. 22
(By Senators Manchin, Helmick, Blatnik, Chafin,
Craigo, Dittmar, Sharpe, Wagner, Wiedebusch, Wooton,
Kimble, Scott and Yoder)

Requesting the joint committee on government and finance to
make a study of the issues surrounding the potential effects of requiring an individual insured's motor vehicle insurance policy to be the primary policy when vehicles are loaned by an automobile dealer for demonstration or other purposes and the rising costs of motor vehicle insurance coverage generally.
Whereas, Individuals frequently borrow motor vehicles from automobile dealers for demonstration purposes, or for other private use; and
Whereas, When the individual borrowing the vehicle is involved in an accident or the vehicle is otherwise damaged while in the custody of the individual, the dealer's insurance policy is the primary policy covering any property damage or other liability which may arise while the vehicle is in the individual's custody; and
Whereas, The person driving the demonstration or loaned vehicle is often times not the person authorized by the automobile dealer to drive the vehicle; and
Whereas, Automobile dealers are burdened with submitting claims under their insurance policies when the vehicles have been damaged by the individuals to whom they have been loaned; and
Whereas, Generally, the cost of motor vehicle insurance coverage in West Virginia is significantly higher than the cost for similar coverage in other states; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby requested to appoint an interim committee to study the potential effects of requiring an individual insured's motor vehicle insurance policy to be the primary policy and the rising costs of motor vehicle insurance coverage generally, to recommend a solution to the problem and to recommend to the Legislature regarding the same; and, be it
Further Resolved, That the interim committee appointed by the joint committee on government and finance shall consist of eight members, three of whom shall be members of the Senate, three of whom shall be members of the House of Delegates, one shall be a representative of the automobile dealers' association and one shall be a representative of the insurance industry; and, be it
Further Resolved, That the joint committee on government and finance report to the regular session of the Legislature, 1997, on its findings, conclusions and recommendations, together with any drafts of legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the joint committee on government and finance.