HOUSE CONCURRENT RESOLUTION NO. 83
(By Delegates Angotti, Azinger, Beane, Butcher, Faircloth,
Hatfield, Paxton, Perdue, Pethtel, Pino, Spencer, Webster, G.
White and H. White)
(Originating in the Committee on Banking and Insurance)
[Introduced April 12, 2001; referred to
the Committee on Rules.]
Requesting the Joint Committee on Government and Finance to conduct
a study of the issues raised in Mitchell v. Broadnax, 208 W.
Va. 36, 537 S.E.2d 882 (2000) relating to insurance rates and
forms.
Whereas, the legislature finds that the sole authority to
approve insurance rates and forms rests with the Division of
Insurance; and,
Whereas, the legislature finds that the case of Mitchell v.
Broadnax, 208 W. Va. 36, 537 S.E.2d 882 (2000) questioned the use
of certain rates, forms and coverages and the method by which such
rates, forms and coverages are approved by the Division of
Insurance; and,
Whereas, the legislature further finds that it is appropriate
to review the Division of Insurance's approval process for
insurance rates, forms and coverages as it relates to the Broadnax
case; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct a study of the issues raised in Broadnax as
they pertain to the approval process of rates, forms and coverages
by the Division of Insurance; and, be it
Further Resolved, That the findings and recommendations
resulting from the study shall be reported to the Legislature by
the beginning of the Regular Session of the year 2002, together
with drafts of any proposed legislation necessary to effectuate
such 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.