H. B. 4432

(By Delegates Reynolds, Ferns, R. Phillips, Skaff, Stowers, Hunt, Pasdon, Barill, D. Campbell, Moye and L. Phillips)

[Introduced February 6, 2012; referred to the

          Committee on Banking and Insurance then the Judiciary.]

A BILL to amend and reenact §33-17A-6 of the Code of West Virginia, 1931, as amended, relating to prohibiting declination or termination of property insurance based solely upon a home owner’s possession of a certain breed of dog; and providing exception.

Be it enacted by the Legislature of West Virginia:

    That §33-17A-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 17A. PROPERTY INSURANCE DECLINATION, TERMINATION AND DISCLOSURE.

§33-17A-6. Discriminatory terminations and declinations prohibited.

    No An insurer may not decline to issue or terminate a policy of insurance subject to this article if the declination or termination is:

    (a) Based upon the race, religion, nationality, ethnic group, age, sex or marital status of the applicant or named insured;

    (b) Based solely upon the lawful occupation or profession of the applicant or named insured, unless the decision is for a business purpose that is not a mere pretext for unfair discrimination: Provided, That this provision does not apply to any insurer, agent or broker that limits its market to one lawful occupation or profession or to several related lawful occupations or professions;

    (c) Based upon the age or location of the residence of the applicant or named insured unless the decision is for a business purpose that is not a mere pretext for unfair discrimination or unless the age or location materially affects the risk;

    (d) Based upon the fact that another insurer previously declined to insure the applicant or terminated an existing policy in which the applicant was the named insured;

    (e) Based upon the fact that the applicant or named insured previously obtained insurance coverage through a residual market insurance mechanism;

    (f) Based upon the fact that the applicant has not previously been insured;

    (g) Based upon the fact that the applicant did not have insurance coverage for a period of time prior to the application; or

    (h) Based solely upon an adverse credit report or adverse credit scoring; or

    (i) Based upon the sole fact that the applicant has a certain breed of dog: Provided, That this provision does not apply to any applicant who owns a dog that has a history of bitting people.

    NOTE: The purpose of this bill is to prohibit declination or termination of property insurance based solely upon an applicant’s or home owner’s possession of a certain breed of dog. The bill provides an exception if the dog has a history of bitting people.

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