Senate Bill No. 385

(By Senator Chafin and Kessler)

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[Introduced February 3, 2000; referred to the Committee on Banking and Insurance.]
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A BILL to amend and reenact sections two and twelve, article four, chapter seventeen-d of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to proof of financial responsibility; and increasing the minimum amounts of insurance required.

Be it enacted by the Legislature of West Virginia:
That sections two and twelve, article four, chapter seventeen-d of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 4. PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE.

§17D-4-2. "Proof of financial responsibility" construed.

The term "proof of financial responsibility" as used in this chapter shall mean means: Proof of ability to respond in damages for liability, on account of accident occurring subsequent to the effective date of said proof, arising out of the ownership, operation, maintenance or use of a motor vehicle, trailer or semitrailer in the amount of twenty forty thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to said limit for one person, in the amount of forty eighty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and in the amount of ten twenty thousand dollars because of injury to or destruction of property of others in any one accident.
§17D-4-12. "Motor vehicle liability policy" defined; scope and provisions of policy.

(a) A "motor vehicle liability policy" as said that term is used in this chapter means an "owner's policy" or an "operator's policy" of liability insurance certified as provided in section ten or section eleven of this article as proof of financial responsibility, and issued, except as otherwise provided in section eleven, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.
(b) Such The owner's policy of liability insurance:
(1) Shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage is thereby to be granted; and
(2) Shall insure the person named therein and any other person, as insured, using any such vehicle or vehicles with the express or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, operation, maintenance or use of such the vehicle or vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such vehicle, as follows: Twenty Forty thousand dollars because of bodily injury to or death of one person in any one accident and, subject to said the limit for one person, forty eighty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and ten twenty thousand dollars because of injury to or destruction of property of others in any one accident.
(c) Such The operator's policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon him or her by law for damages arising out of the use by him or her of any motor vehicle not owned by him or her, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owner's policy of liability insurance.
(d) Such The motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period, and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.
(e) Such The motor vehicle liability policy need not insure any liability under any workers' compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured or while engaged in the operation, maintenance or repair of any such vehicle nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.
(f) Every motor vehicle liability policy shall be is subject to the following provisions which need not be contained therein:
(1) The liability of the insurance carrier with respect to the insurance required by this chapter shall become is absolute whenever injury or damage covered by said the motor vehicle liability policy occurs; said the policy may not be canceled or annulled as to such the liability by an agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his or her behalf and no violation of said policy shall may defeat or void said the policy.
(2) The satisfaction by the insured of a judgment for such the injury or damage shall may not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such the injury or damage.
(3) The insurance carrier shall have has the right to settle any claim covered by the policy, and if such the settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in subdivision (2), subsection (b) of this section.
(4) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter shall constitute the entire contract between parties.
(g) Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy and such the excess or additional coverage shall not be is not subject to the provisions of this chapter. With respect to a policy which grants such excess or additional coverage, the term "motor vehicle liability policy" applies only to that part of the coverage which is required by this section.
(h) Any motor vehicle liability policy may provide that the insured shall must reimburse the insurance carrier for any payment the insurance carrier would not have been be obligated to make under the terms of the policy except for the provisions of this chapter.
(i) Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
(j) The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers which policies together meet such the requirements.
(k) Any binder issued pending the issuance of a motor vehicle policy shall be deemed is considered to fulfill the requirements for such a policy.


NOTE: The purpose of this bill is to increase the minimum insurance requirement of motor vehicle operators. It doubles the minimum requirements now in effect.

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