H. B. 4498
(By Delegates Rodighiero, Eldridge, Ellis,
Hrutkay and Stephens)
[Introduced February 12, 2008; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend and reenact §17D-2A-4 of the Code of West Virginia,
1931, as amended, relating to motor vehicle insurance.
Be it enacted by the Legislature of West Virginia:
That §17D-2A-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.
§17D-2A-4. Certificate of insurance.
(a) All insurance carriers transacting insurance in this state
shall supply a certificate to the insured or to any person subject
to the registration provisions of article three, chapter
seventeen-a of this code, certifying that there is in effect a
motor vehicle liability policy upon such motor vehicle in
accordance with the provisions of article three, chapter
seventeen-a of this code. The certificate shall give its effective
date and the effective date of the policy and, unless the policy is issued to a person who is not the owner of a motor vehicle, must
designate by explicit description, in such detail as the
commissioner of the Division of Motor Vehicles shall by rule
require, all motor vehicles covered and all replacement vehicles of
similar classification:
Provided, That on and after the first day
of July, one thousand nine hundred eighty-four, insurance companies
shall supply a certificate of insurance in duplicate for each
policy term and for each vehicle included in a policy, except for
those listed in a fleet policy. Each such certificate of insurance
shall list the name of the policyholder and the name of the vehicle
owner if different from the policyholder.
The certificate must specify for each vehicle listed therein,
that there is a minimum liability insurance coverage not less than
the requirements of section two, article four, chapter seventeen-d
of this code.
(b) The certificate provided pursuant to the provisions of
this section or other proof of insurance shall be carried by the
insured in the appropriate vehicle for use as proof of security,
and must be presented at the time of vehicle inspection as required
by article sixteen, chapter seventeen-c of this code. Any person
violating the provisions of this subsection is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than two hundred dollars nor more than five thousand dollars; and
upon a second or subsequent conviction, shall be fined not less than two hundred dollars nor more than five thousand dollars, or
confined in the county or regional jail for not less than fifteen
days nor more than one year, or both:
Provided, That an insured
shall not be guilty of a violation of this subsection (b) if he or
she furnishes proof that such insurance was in effect within seven
days of being cited for not carrying such certificate or other
proof in such vehicle.
(c) As used in this section, proof of insurance means a
certificate of insurance, an insurance policy, a mechanically
reproduced copy of an insurance policy, a certificate of
self-insurance, or a copy of the current registration issued to a
motor carrier by the Public Service Commission: (1) Through the
single state registration system established pursuant to section
fourteen, article six-a, chapter twenty-four-a of this code; or (2)
pursuant to the provisions of section four, article six, chapter
twenty-four-a of this code.
(d) Notwithstanding any other provisions in this code, any
person striking a deer on a state highway shall not be liable for
repair costs exceeding two hundred dollars regardless of the amount
of the deductible required from their motor vehicle insurance
policy.
NOTE: The purpose of this bill is to limit costs to automobile
owners for repairs needed when they hit a deer on a public highway.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.