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Introduced Version House Bill 4519 History

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hb4519 intr
H. B. 4519


(By Delegate Kominar)

[Introduced February 13, 2008; referred to the

Committee on Banking and Insurance then the Judiciary.]





A BILL to amend and reenact §33-6-5a of the Code of West Virginia, 1931, as amended, relating to application requirements for life and accident and sickness insurance.

Be it enacted by the Legislature of West Virginia:
That §33-6-5a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 6. THE INSURANCE POLICY.

§33-6-5a. Application for life or accident and sickness insurance; signatures required; exemptions; right of insured to return policy.

(a) All applications for life or accident and sickness insurance, as defined in section ten, article one of this chapter, to be issued in this state shall:
(1) If application is made by the proposed insured, include the signature of both the proposed insured and the agent;
(2) If application is made by the proposed insured, be completed by a licensed and appointed agent in the presence of the proposed insured;
(3) If application is made by a spouse upon the other spouse, include the signature of the spouse procuring the insurance and the agent; or
(4) If application is made by any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, include the signature of the person procuring the insurance and the agent.
(b) Upon the hand delivery of a policy of life or accident and sickness insurance, a delivery receipt must shall be signed and dated by the insured and returned to the insurer for filing.
If the delivery of a policy of life or accident and sickness insurance is by mail, it shall either: (1) Be sent by certified mail from the insurer, return receipt requested, and the date of receipt noted thereon shall be considered on the receipt is
the date of receipt for the purposes of section eleven-b of this article, or (2) the insurer shall prepare a certificate of mailing. For the purposes of this section, a certificate of mailing means a record prepared and retained in accordance with general business practices indicating the date that the policy was mailed to the insured, and it shall be is presumed that the policy was received by the insured twenty days from the date of mailing.
(c) Any amendments to the application after it is originally signed by the proposed insured shall be expressly disclosed in writing to the proposed insured and his or her signature is obtained to verify agreement with the changes: Provided, That the failure of the insurer to notify the insured of any change, or the failure of the insured to execute such the signature, shall does not invalidate the existence of insurance coverage.
(d) The following shall be exempt from the requirements of subdivisions (1), (2), (3) and (4) of subsection (a) herein of this section:
(1) Group life or group accident and sickness insurance applications if the insurer will accept accepts all prospective principal insureds with no underwriting restrictions on the individual proposed insureds;
(2) Group life or group accident and sickness insurance applications if there is underwriting as to the individual proposed insureds and the applications are completed without a licensed and appointed agent present, but the insurer verifies the information on the application by telephone with the proposed insured; and
(3) Applications for life or accident and sickness insurance if the insurance is solely mass marketed and the only contact with the insured is by mail, mass media or telephone; and
(4) Applications for life or accident and sickness insurance if the insurer is an underwriter for supplemental retirement plans and additional retirement plans provided to eligible employees of the governing boards of state institutions of higher education pursuant to the provisions of section four-a, article twenty-three, chapter eighteen of this code.
(e) The taking of an application for life or accident and sickness insurance and otherwise completing a transaction electronically is exempt from the requirements of subdivision (2), subsection (a) of this section.



NOTE: The purpose of this bill is to permit Internet sales of life and accident and sickness insurance.

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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