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Introduced Version House Bill 2777 History

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hb2777 intr
H. B. 2777


(By Delegates Ellem, D. Poling, Moore
and Schoen)

[Introduced January 13, 2010; referred to the
Committee on Banking and Insurance then the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-11-5b, relating to prohibiting the use of a person's credit history in insurance transactions.

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 §33-11-5b, to read as follows:
ARTICLE 11. UNFAIR TRADE PRACTICES.
§33-11-5b. Use of credit history prohibited.
With respect to insurance policies for passenger motor vehicles, residential property or other personal insurance lines, no person may:
(1) Refuse to underwrite, cancel, refuse to renew a risk or increase a renewal premium, based, in whole or in part, on the credit history of an applicant for insurance or an insured person, or
(2) Rate a risk based, in whole or in part, on the credit history of an applicant for insurance or an insured person in any manner, including, but not limited to, the provision or removal of a discount, assigning an applicant or insured person to a rating tier, or placing an applicant or insured person with an affiliated company; or
(3) Require a particular payment plan based, in whole or in part, on the credit history of the applicant for insurance or the insured person.


NOTE: The purpose of this bill is to prohibit the use of a person's credit history in insurance transactions.

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