COMMITTEE SUBSTITUTE

FOR

H. B. 2304

(By Delegates Hunt, Seacrist, McGraw and Thompson)

[Originating in the Committee on Banking and Insurance) [February 15, l995.]




A BILL to amend article seventeen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated sections nine-a and thirteen, relating to the payment of insurance claims for damage to structures and the insurers responsibilities to their insureds.

Be it enacted by the Legislature of West Virginia:
That article seventeen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto two new sections, designated sections nine-a and thirteen, to read as follows:
ARTICLE 17. FIRE AND MARINE INSURANCE.

§33-17-9a. Disbursement of insurance proceeds.

Upon notice of a claim of an insured total loss to a structure located in this state, insurance companies must notify the insured of any coverage in the insurance policy providing cleanup, removal of any refuse, debris, remnants or remains of the dwelling and appurtenances and securing the structure. The notification shall be by letter to the insured, mailed within ten days of the notification of the claim, and shall include, but not be limited to:
(a) The terms and limits of coverage designated by the insurance policy for securing, cleanup and removal; and
(b) Any time limitations imposed on the insured for securing, cleanup and removal.