ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4137
(By Delegate Morgan)
[Passed March 5, 2008; in effect ninety days from passage.]
AN ACT to amend and reenact $33-17-9a of the Code of West Virginia,
1931, as amended, relating to clarifying that a municipality
and county will be notified in writing by an insurance company
when the policy provides for cleanup or removal of the remains
of a structure when a total loss to a structure occurs within
that county or municipality.
Be it enacted by the Legislature of West Virginia:
That §33-17-9a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 17. FIRE AND MARINE INSURANCE.
§33-17-9a. Notice of insurance proceeds.
Upon notice of a claim of an insured total loss to a structure
located in this state, insurance companies must notify the insured,
and the municipality and county in which the structure is located,
of any coverage in the insurance policy providing cleanup, removal
of any refuse, debris, remnants or remains of the dwelling and appurtenances and securing the structure. The notification shall
be by letter to the insured and municipality and county in which
the structure is located, mailed within ten days of the
notification of the claim, and shall include, but not be limited
to:
(a) The terms and limits of coverage designated by the
insurance policy for securing, cleanup and removal; and
(b) Any time limitations imposed on the insured for securing,
cleanup and removal.
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