H. B. 4620
(By Delegate Yost)
[Introduced February 25, 2004; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §33-6-37, relating to
limiting an insured with a household member considered at
fault in an automobile accident from being held personally
liable over and above the insurance policy for the actions of
the household member.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §33-6-37, to read as
follows:
ARTICLE 6. THE INSURANCE POLICY.
§33-6-37. Limitation of liability of insured.
Notwithstanding any provision of this code to the contrary,
any insured, with a household member who is considered to be at
fault in an automobile accident, may not be held personally liable over and above any of the applicable policy limits of the insured
for the actions of the household member.
NOTE: The purpose of this bill is to
limit an insured, with
a household member considered at fault in an automobile accident,
from being held personally liable over and above the insurance
policy for the actions of the household member.
This section is new; therefore, strike-throughs and
underscoring have been omitted.