WEST virginia Legislature

2016 regular session

Introduced

House Bill 4286

By Delegates Westfall, Stansbury, McCuskey,
B. White, Frich, Hamrick and Waxman

[Introduced January 26, 2016;
Referred to the Committee on Banking and Insurance then the Judiciary.]

A BILL to amend and reenact §33-11-3 of the Code of West Virginia, 1931, as amended, relating to the scope and application of the Unfair Trade Practices Act.

Be it enacted by the Legislature of West Virginia:

That §33-11-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 11. UNFAIR TRADE PRACTICES.

§33-11-3. Unfair methods of competition and unfair or deceptive acts or practices prohibited.

No person shall engage in this state in any trade practice which is defined in this article as, or determined pursuant to section seven of this article to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.  No cause of action shall arise and no claim may be brought under this article against a claims adjuster who is employed by an insurance company and who is working within the scope of his or her employment.

NOTE: The purpose of this bill is to eliminate personal liability of insurance adjusters working within the scope of their employment.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.