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Introduced Version House Bill 3101 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 3101


(By Delegates Beane, Webb and G. White)
[Introduced March 29, 2001; referred to the
Committee on Banking and Insurance then Finance.]




A BILL to amend and reenact section three, article twenty-b, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing medical malpractice insurers to issue contracts or policies with rates for specific risks in excess of their filed rates.

Be it enacted by the Legislature of West Virginia:
That section three, article twenty-b, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 20B. RATES AND MALPRACTICE INSURANCE POLICIES.
§33-20B-3. Rate filings.

(a) Every filing for malpractice insurance made pursuant to subsection (a), section four, article twenty of this chapter shall state the proposed effective date thereof, the character and extent of the coverage contemplated, and supporting information including: information in support of such filing. The information furnished in support of a filing shall include (i) The experience or judgment of the insurer or rating organization making the filing; (ii) its interpretation of any statistical data the filing relies upon; (iii) the experience of other insurers or rating organizations; and (iv) any other relevant factors required by the commissioner. When a filing is not accompanied by the supporting information required by this section, upon which the insurer supports such filing the commissioner shall require such the insurer to furnish such information and in such event, the waiting period prescribed by subsection (b) of this section shall commence as of the date such the information is furnished. A filing and any supporting information shall be open to public inspection as soon as the filing is received by the commissioner. Any interested party may file a brief with the commissioner supporting his position concerning the filing. Any person or organization may file with the commissioner prior to the effective date of the filing a brief or signed statement declaring and supporting the person or organization's his or its position concerning the filing. Upon receipt of any such brief or statement, prior to the effective date of the filing the commissioner shall mail or deliver a copy of such statement to the filer insurer or rating organization, which may file such a reply. as it may desire to make This section shall not be applicable to any memorandum or statement of any kind made by any employee of the commissioner.
(b) Every such filing shall be on file for a waiting period of sixty days before it becomes effective, which period may be extended by the commissioner for an additional period not to exceed thirty days if he the commissioner gives written notice within such during the waiting period to the insurer or rating organization. which made the filing that he needs such additional time for the consideration of such filing Upon written application by such insurer or rating organization, the commissioner may authorize a filing which he has reviewed to become effective before the expiration of the waiting period or any extension thereof. A filing shall be deemed is considered to meet the requirements of this article unless disapproved by the commissioner within the waiting period or any extension thereof.
(c) No insurer shall may make or issue a contract or policy of malpractice insurance except in accordance with the filings which are in effect for said the insurer as provided in this article: Provided, That upon the written application of the insured, stating his or her reasons therefor, filed and approved with the commissioner, a rate in excess of that provided by a filing otherwise applicable may be used on any specific risks.





NOTE: This bill adds a proviso that an insured may apply to the commissioner to contract with a medical malpractice carrier to enter into a contract with a rate in excess of the filed rate for that insurer, for specific risks. The new language in subsection (c) is identical to that in article 20, section 4(j) which allows such consent to rate filing for other lines of insurance. The amendment also makes immaterial stylistic changes.

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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