Senate Bill No. 501
(By Senators Snyder, Jenkins, Ross, Deem, Minard, Boley, Gills,
Bailey, Edgell, Unger, Sharpe, Facemyer, Sprouse, Dempsey,
Fanning, Love, Prezioso, Minear, Helmick, Smith, Weeks, McKenzie
and Plymale)
____________
[Introduced February 12, 2003; referred to the Committee on
Banking and Insurance; and then to the Committee on 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 exempting
insurers, their agents and employees, in the absence of
contract, from this section.
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 have violated any of the provisions of this article:
Provided, That this section shall 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 exempt insurers, their
agents and employees from the statute, except where there exists a
contract.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.