H. B. 2091
(By Delegates Douglas, Hutchins, Fleischauer,
Manuel and Caputo)
[Introduced February 14, 1997; referred to the
Committee on Banking and Insurance.]
A BILL to amend article eleven, 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
five-b, relating to discriminatory practices against victims
of abuse; and prohibiting insurance companies from denying
life or health insurance coverage to persons who may be
victims of abuse.
Be it enacted by the Legislature of West Virginia:
That article eleven, 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 five-b, to
read as follows:
ARTICLE 11. UNFAIR TRADE PRACTICES.
§33-11-5b. Discriminatory practices against victims of abuse.
(a) No person or entity engaged in the business of life or health insurance, or both, in this state may:
(1) Deny, refuse to issue, refuse to renew, refuse to
reissue, cancel or otherwise terminate an insurance policy or
restrict coverage on any individual because that individual is,
has been or may be the subject of abuse, or seeks, has sought or
should have sought medical or psychological treatment for abuse,
protection from abuse or shelter from abuse;
(2) Add any surcharge or rating factor to a premium of an
insurance policy because of an individual's history of, status as
or potential to be subject to abuse;
(3) Exclude or limit coverage for losses or deny a claim
incurred by an insured as a result of abuse or the potential for
abuse; or
(4) Ask an insured or an applicant for insurance whether
that individual is, has been or may be the subject of abuse, or
seeks, has sought or should have sought medical or psychological
treatment specifically for abuse, protection from abuse or
shelter from abuse.
(b) Nothing in this subsection may be construed to prohibit
a person from declining to issue an insurance policy insuring the
life of an individual who is or has been the subject of abuse if
the perpetrator of the abuse is the applicant or would be the
owner of the insurance policy. Nothing in this subsection may be
construed to prohibit a person from underwriting or rating a risk on the basis of a preexisting physical or mental condition, even
if the condition had been caused by abuse: Provided, That:
(1) The person routinely underwrites or rates the condition
in the same manner with respect to an insured or an applicant who
is not a victim of abuse;
(2) The fact that an individual is, has been or may be the
subject of abuse may not be considered a physical or mental
condition; and
(3) The underwriting or rating is not used to evade the
intent of this law or any other provision of law. A person may
not be held civilly or criminally liable for any cause of action
which may be brought because of compliance with this section.
(c) "Abuse," as used in this section, means the occurrence
of one or more of the following acts between family members,
current or former household members, or current or former
intimate partners:
(1) Intentionally or recklessly causing or attempting to
cause physical injury or a sexual offense as defined in article
eight-b, chapter sixty-one of this code;
(2) Intentionally or recklessly placing or attempting to
place another individual in reasonable apprehension of physical
injury or sexual offense to himself, herself or another person;
(3) Intentionally or recklessly damaging, destroying or
taking the tangible property of another individual;
(4) Insulting, taunting or challenging another individual or
engaging in a course of alarming or distressing conduct in a
manner which is likely to provoke a violent or disorderly
response or which is likely to cause humiliation, degradation or
fear in another individual;
(5) Trespassing on or in property of another individual, or
on or in property from which the trespasser has been excluded by
court order;
(6) Child abuse or neglect, as defined in section three,
article one, chapter forty-nine of this code;
(7) Kidnaping, concealment or removal of a minor child from
his or her custodian or from a person entitled to visitation, as
set forth in article two, chapter sixty-one of this code;
(8) Any other conduct which a reasonable individual under
the circumstances would find threatening or harmful.
NOTE: The purpose of this bill is to prohibit insurance
companies from denying life and/or health insurance coverage on
the basis that the person seeking coverage may be a victim of
abuse.
This section is new; therefore, strike-throughs and
underscoring have been omitted.