COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 559

(By Senators Hunter and Minard)

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[Originating in the Committee on Banking and Insurance;

reported February 27, 2007.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-4-21, relating to predatory insurance sales practices; and authorizing the Insurance Commissioner to promulgate emergency rules to protect military personnel.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §33-4-21, to read as follows:
ARTICLE 4. GENERAL PROVISIONS.
§33-4-21. Deceptive sales on military bases prohibited; rules.
No person in the business of insurance may engage in dishonest or predatory insurance sales practices on federal land or facilities in this state. The commissioner may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code to identify certain false, misleading, deceptive and unfair insurance sales practices as dishonest or predatory and to protect service members of the United States armed forces from these practices. To the extent permitted by federal law, the commissioner may enforce this chapter and the rules promulgated pursuant to this chapter on federal land and facilities in this state.

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(NOTE: The purpose of this bill is to direct the Insurance Commissioner to promulgate rules to protect military personnel from deceptive insurance sales practice.

§33-4-21 is new; therefore, underscoring and strike-throughs have been omitted.)