H. B. 2416
(By Delegates Leggett, Ennis,
Stalnaker, Yeager and Fragale)
[Introduced January 14, 1998
; referred to the
Committee on Banking and Insurance.]
A BILL to amend article twenty, 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
twenty-one, relating to reduction of premium charges for
school bus operators and drivers' education instructors.
Be it enacted by the Legislature of West Virginia:
That article twenty, 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
twenty-one, to read as follows:
ARTICLE 20. RATES AND RATING ORGANIZATIONS.
§33-20-21. Reduction of personal automobile insurance premium
charges for school bus operators and drivers'education instructors.
(a) Any rates, rating schedules or rating manuals for the
liability, personal injury protection and collision coverages of
a personal motor vehicle insurance policy submitted to or filed
with the insurance commissioner shall provide for a five percent
reduction in premium charges as to such coverages when the
principal operator and spouse on the covered vehicle is an
insured who is a school bus operator employed by the county board
of education or a drivers' education instructor and who has
successfully completed a motor vehicle accident prevention course
approved by the division of motor vehicles. Such reductions of
premium rates shall be made in compliance with the provisions of
subsections (a) and (b), section three of this article. Any
discount used by an insurer shall be presumed appropriate unless
credible data demonstrates otherwise.
(b) The premium reduction required by this section shall be
effective for an insured and spouse for a three-year period after
successful completion of the approved course, except that the
insurer may require, as a condition of maintaining the discount,
that the insured and spouse:
(1) Not be involved in an accident for which the insured or
spouse is at fault;
(2) Not be convicted, plead guilty or nolo contendere to a
moving traffic violation, or to a traffic related alcohol or
narcotics offense; and
(3) Have maintained a driving record free of violations and
liability for accidents for a three-year period prior to course
(c) Upon successfully completing the approved course, each
person shall be issued a certificate by the organization offering
the course which shall be used to qualify for the premium
discount required by this section.
(d) This section does not apply in the event the approved
course is taken as punishment specified by a court or other
governmental entity resulting from a moving traffic violation.
(e) Each participant shall take an approved course every
year to continue to be eligible for the reduction in premiums.
NOTE: The purpose of this bill is to allow school bus
operators and drivers' education instructors to have a five
percent premium discount on their private/personal automobile
insurance policies because they are required to take the same
accident prevention course approved by the division of motor
vehicles as senior citizens who already receive a discount under
This section is new; therefore, strike-throughs and
underscoring have been omitted.