H. B. 4600


(By Delegates Beane, Ashley, Azinger,
Facemyer, Johnson, L. White and Jenkins)
[Introduced February 27, 1998; referred to the
Committee on Banking and Insurance.]



A BILL to amend article twelve, 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-three, relating to authorizing insurance commissioner to issue limited licenses for rental companies; and providing remedies for noncompliance.

Be it enacted by the Legislature of West Virginia:
That article twelve, 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-three, to read as follows:
ARTICLE 12. AGENTS, BROKERS, SOLICITORS AND EXCESS LINE.

§33-12-33. Limited license for rental companies.
(a)This section is intended solely to clarify chapter thirty-three of this code, by providing that rental companies are not and have never been engaged in the transaction of an insurance business when they sell travel or auto related products or coverage in connection with and incidental to the rental of vehicles. Nothing in this section creates any rights, claims or causes of action for conduct prior to the effective date of this section.
(b)(1) As used in this section:
(A) "Limited license" means a person or entity authorized to sell certain coverages relating to the rental of vehicles pursuant to the provisions of this section;
(B) "Rental agreement" means any written agreement setting forth the terms and conditions governing the use of a vehicle provided by the rental company for rental or lease;
(C) "Rental company" means any person or entity in the business of providing primarily private passenger vehicles to the public under a rental agreement for a period not to exceed ninety days;
(D) "Renter" means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a period not to exceed ninety days;
(E) "Vehicle" or "rental vehicle" means a motor vehicle of the private passenger type including passenger vans, minivans and sport utility vehicles, and of the cargo type, including cargo vans, pick-up trucks and trucks with a gross vehicle weight of less than twenty-six thousand pounds and which do not require the operator to possess a commercial driver's license;
(F) "Rental period" means the term of the rental agreement.
(2) The commissioner may issue to a rental company that has compiled with the requirements of this section, a limited license authorizing the limited license to offer or sell insurance in connection with the rental of vehicles.
(3) As a prerequisite for issuance of a limited license under this section, there shall be filed with the commissioner a written application for a limited license, signed by an officer of the applicant, in a form or forms, and supplements thereto, and containing information, as the commissioner may prescribe.
(4) In the event that any provision of this section is violated by a limited licensee, the commissioner may:
(A) After notice and a hearing, revoke or suspend a limited license issued under this section in accordance with the provisions of section thirteen, article two of this chapter; or
(B) After notice and hearing, impose other penalties, including suspending the transaction of insurance at specific rental locations where violations of this section have occurred, as the commissioner considers necessary or convenient to carry out the purposes of this section.
(5) The rental company licensed pursuant to this subsection may offer or sell insurance only in connection with and incidental to the rental of vehicles, whether at the rental office or by preselection of coverage in a master, corporate, group rental or individual agreements in any of the following general categories:
(A) Personal accident insurance covering the risks of travel, including, but not limited to, accident and health insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for accidental death or dismemberment and reimbursement for medical expenses resulting from an accident that occurs during the rental period;
(B) Liability insurance, including uninsured and underinsured motorist coverage whether offered separately or in combination with other liability insurance, that provides coverage, as applicable, to renters and other authorized drivers of rental vehicles for liability arising from the operation of the rental vehicle;
(C) Personal effects insurance that provides coverage, applicable to renters and other vehicle occupants for the loss of, or damage to, personal effects that occurs during the rental period;
(D) Roadside assistance and emergency sickness protection programs; and
(E) Any other travel or auto-related coverage that a rental company offers in connection with and incidental to the rental of vehicles.
(6) No insurance may be issued by a issued by a limited licensee pursuant to this section unless:
(A) The rental period of the rental agreement does not exceed ninety consecutive days; and
(B) At every rental location where rental agreements are executed, brochures or other written material are readily available to the prospective renter that:
(i) Summarize clearly and correctly, the material terms of coverage offered to renters, including the identity of the insurer;
(ii) Disclose that the coverage offered by the rental company may provide a duplication of coverage already provided by a renter's personal automobile insurance policy, homeowner's insurance policy, personal liability insurance policy or other source of coverage;
(iii) State that the purchase by the renter of the kinds of coverage specified in this section is not required in order to rent a vehicle; and
(iv) Describe the process for filing a claim in the event the renter elects to purchase coverage and in the event of a claim; and
(C) Evidence of coverage on the face of the rental agreement is disclosed to every renter who elects to purchase such coverage.
(7) Any limited license issued under this section shall also authorize any employee of the limited licensee to act individually on behalf, and under the supervision, of the limited licensee with respect to the kinds of coverage specified in this section.
(8) Each rental company licensed pursuant to this section shall conduct a training program in which employees being trained shall receive basic instruction about the kinds of coverage specified in this section and offered for purchase by prospective renters of rental vehicles.
(9) Notwithstanding any other provision of this section, or any rule adopted by the commissioner, a limited licensee, pursuant to this section, is not required to treat moneys collected from renters purchasing the insurance when renting vehicles as funds received in a fiduciary capacity: Providing, That the charges for coverage shall be itemized and be ancillary to a rental transaction. The sale of insurance not in conjunction with a rental transaction is not permitted.
(10) No limited licensee under this section may advertise, represent or otherwise hold itself or any of its employees out as licensed insurers, insurance agents or insurance brokers.




NOTE: The purpose of this bill is to provide a limited license for rental companies and those employed by them for the sale of insurance in conjunction with the rental of automobiles.

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