Senate Bill No. 171
(By Senator Unger)
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[Introduced January 10, 2008; referred to the Committee
on Banking and Insurance.]
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A BILL to amend and reenact §33-20-18 of the Code of West Virginia,
1931, as amended, relating to lowering from fifty-five years
of age to fifty years of age concerning the requirement that
automobile insurers provide for premium reductions.
Be it enacted by the Legislature of West Virginia:
That §33-20-18 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 20. RATES AND RATING ORGANIZATIONS.
§33-20-18. Reduction of premium charges for persons fifty years of
age or older.
(a) Any rates, rating schedules or rating manuals for the
liability, personal injury protection and collision coverages of a
motor vehicle insurance policy submitted to or filed with the
Insurance Commissioner shall provide for an appropriate reduction
in premium charges as to such coverages when the principal operator and spouse on the covered vehicle is an insured who is
fifty-five
fifty years of age or older and who has successfully completed a
motor vehicle accident prevention course approved by the Division
of Motor Vehicles. Such reductions of premium rates shall be made
in compliance with the provisions of subsections (a) and (b),
section three of this article. Any discount used by an insurer
shall be presumed appropriate unless credible data demonstrates
otherwise.
(b) The premium reduction required by this section shall be
effective for an insured and spouse for a three-year period after
successful completion of the approved course, except that the
insurer may require, as a condition of maintaining the discount,
that the insured and spouse:
(1) Not be involved in an accident for which the insured or
spouse is at fault;
(2) Not be convicted, plead guilty or nolo contendere to a
moving traffic violation or to a traffic related alcohol or
narcotics offense; and
(3) Have maintained a driving record free of violations and
liability for accidents for a three-year period prior to course
completion.
(c) Upon successfully completing the approved course, each
person shall be issued a certificate by the organization offering
the course which shall be used to qualify for the premium discount required by this section.
(d) This section shall not apply in the event the approved
course is taken as punishment specified by a court or other
governmental entity resulting from a moving traffic violation.
(e) An insured shall only be entitled to a discount equal to
the greater of the premium reduction required by this section or
any discretionary discount offered by insurers to persons
fifty-five fifty years of age or older who have not completed the
approved motor vehicle accident course and specifically shall not
be entitled to more than one discount.
(f) Each participant shall take an approved course every three
years to continue to be eligible for the reduction in premiums.
NOTE: The purpose of this bill is to lower the age from
fifty-five years of age to fifty years of age concerning the
requirement that automobile insurers provide for premium
reductions.
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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