Introduced Version
House Bill 2834 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2834
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced March 2, 2005; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend and reenact §33-17A-6 of the Code of West Virginia,
1931, as amended, relating to prohibiting homeowner insurance
discrimination against dog owners.
Be it enacted by the Legislature of West Virginia:
That §33-17A-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 17A. PROPERTY INSURANCE DECLINATION, TERMINATION AND
DISCLOSURE.
§33-17A-6. Discriminatory terminations and declinations
prohibited.
No insurer may decline to issue or terminate a policy of
insurance subject to this article if the declination or termination
is:
(a) Based upon the race, religion, nationality, ethnic group, age, sex or marital status of the applicant or named insured;
(b) Based solely upon the lawful occupation or profession of
the applicant or named insured, unless the decision is for a
business purpose that is not a mere pretext for unfair
discrimination: Provided, That this provision does not apply to
any insurer, agent or broker that limits its market to one lawful
occupation or profession or to several related lawful occupations
or professions;
(c) Based upon the age or location of the residence of the
applicant or named insured unless the decision is for a business
purpose that is not a mere pretext for unfair discrimination or
unless the age or location materially affects the risk;
(d) Based upon the fact that another insurer previously
declined to insure the applicant or terminated an existing policy
in which the applicant was the named insured;
(e) Based upon the fact that the applicant or named insured
previously obtained insurance coverage through a residual market
insurance mechanism;
(f) Based upon the fact that the applicant has not previously
been insured;
(g) Based upon the fact that the applicant did not have
insurance coverage for a period of time prior to the application;
or
(h) Based solely upon an adverse credit report or adverse credit scoring; or
(i) Based upon the applicant or named insured's ownership of
any breed of dog, unless there is evidence that the actual dog
owned by the applicant or named insured has exhibited dangerous or
vicious behavior.
NOTE: The purpose of this bill is to prohibit insurance
companies providing homeowner's insurance from discriminating
against persons owning certain breeds of dogs.
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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