WEST virginia legislature

2020 regular session

Originating

Senate Bill 849

By Senators Azinger, Baldwin, Beach, Clements, Cline, Hardesty, Jeffries, Lindsay, Maynard, Pitsenbarger, Romano, Rucker, Smith, Weld, and Trump

[Originating in the Committee on the Judiciary; reported on February 24, 2020]

A BILL  to amend the Code of West Virginia,1931, as amended, by adding thereto a new section, designated §33-6-40, relating to military service as a factor in certain insurance coverage rates generally; prohibiting an insurance company from increasing premiums when reinstating an insurance contract; writing a new policy that was previously cancelled or suspended due to active duty military service of the insured; defining terms; and creating presumption of continuous coverage when lapse occurs while insured is on active duty.

Be it enacted by the Legislature of West Virginia:

ARTICLE 6. THE INSURANCE POLICY.

§33-6.40 Active duty military service as factor in insurance rates.

(a) No person may deny, refuse to renew, cancel coverage, or charge an increased premium for any fire, marine, or casualty insurance contract for an applicant or insured who is a uniform service member solely based upon the applicant or insured’s failure to meet underwriting standards requiring continuous coverage when the failure to maintain coverage occurred while the uniform service member was on active duty.

            (b) As used in this section, uniform service member means the United States armed forces, reserves, and the National Guard of this state.

            (c) For purposes of this section, service in the National Guard includes any full-time active duty for training, active duty operational support, active duty special work, state active duty as a member of a National Guard unit or any periods of service under Title 32 of the United States Code.

             (d) For purposes of determining a premium, an insurer shall consider that a uniform service member whose coverage lapsed or was discontinued during active duty service be considered as having maintained continuous coverage.