ENGROSSED
H. B. 2970
(By Delegates Michael, Beane, G. White,
Amores, Staton, Angotti and Beach)
[Introduced March 22, 2001
; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend article six, chapter thirty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated
section
thirty-one-f, relating to exempting excess or umbrella
policies of insurance from having to offer, provide or make
available uninsured and underinsured motorist coverage.
Be it enacted by the Legislature of West Virginia:
That article six, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section thirty-
one-f, to read as follows:
ARTICLE 6. THE INSURANCE POLICY.
§33-6-31f. Uninsured and underinsured motorists' coverage optional on umbrella and excess type liability policies.
(a)Notwithstanding any other provisions of this article,
insurers issuing or providing liability policies that are of an
excess or umbrella type and which are written to cover automobile
liability shall offer uninsured and underinsured motor vehicle
coverage on such policies in an amount not less than the amount of
liability insurance purchased by the named insured, Provided, That
the named insured may decline any or all of the coverage offered
under the excess or umbrella type policy.
(b)Offers of optional uninsured and underinsured motor
vehicle coverage required by subsection (a) of this section shall
be made to the named insured on a form prepared and made available
by the insurance commissioner on or before the effective date of
this section. The form shall allow any named insured to decline
any or all of the coverage offered.
(c)Offers of optional uninsured and underinsured motor
vehicle coverage required by subsection (a) of this section shall
be made to the named insured by delivering the form at the time of
initial application for insurance policies described in
subparagraph (a) of this section or by mailing the form to the
named insured along with the initial premium notice. The named
insured shall complete, date, sign, and return the form to the
insurer within thirty days after receipt thereof. No insurer or agent thereof is liable for payment of any damages applicable under
any optional uninsured or underinsured coverage described in this
section which occurs from the date the form was mailed or delivered
to the named insured until the insurer receives the form and
accepts payment of the premium for the coverage requested therein
from the named insured: Provided, That if prior to the insurer's
receipt of the executed form, the insurer issues a policy described
in this section to the named insured which provides for such
optional uninsured or underinsured coverage, the insurer shall be
liable for payment of claims against such optional coverage up to
the limits provided in such policy. The contents of a form
described in this section which has been signed by a named insured
shall create a presumption that such named insured and all named
insureds received an effective offer of the optional coverages
described in this section and that such named insured exercised a
knowing and intelligent election or rejection, as the case may be,
of such offer specified in the form. Such election or rejection
shall be binding on all persons insured under the policy.
(d)Failure of the named insured to return the form described
in this section to the insurer as required by this section within
the time periods specified in this section creates a presumption
that such person received an effective offer of the optional
coverages described in this section and that such person exercised a knowing and intelligent rejection of such offer. Such rejection
is binding on all persons insured under the policy.
(e)The insurer shall make such forms available to any named
insured who requests different coverage limits on or after the
effective date of this section. No insurer is required to make
forms described herein available or notify any person of the
availability of such optional coverages authorized by this section
except as required by this section.
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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