H. B. 2809
(By Mr. Speaker, Mr. Kiss, and Delegates Michael,
Trump, Amores, Hall and Mezzatesta)
[Introduced January 31, 2003; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend and reenact section three, article eleven, chapter
thirty-three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to barring
third-party claims against insurers for violation of the
Unfair Trade Practices Act.
Be it enacted by the Legislature of West Virginia:
That section three, article eleven, chapter thirty-three of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 11. UNFAIR TRADE PRACTICES.
§33-11-3. Unfair methods of competition and unfair or deceptive
acts or practices prohibited.
(a) No person shall engage in this state in any trade practice which is defined in this article as, or determined pursuant to
section seven of this article to be, an unfair method of
competition or an unfair or deceptive act or practice in the
business of insurance.
(b) Notwithstanding any other provision of law, absent privity
of contract, no claim or action may be filed against an insurer,
its employees or agents alleging that the insurer, its employees or
agents has violated any provisions of this article: Provided, That
this subsection does not limit the authority of the insurance
commissioner to otherwise initiate an administrative action against
an insurer pursuant to this article.
NOTE: The purpose of this bill is to bar
third-party claims
against insurers for violation of the Unfair Trade Practices Act.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.