H. B. 4137


(By Delegate Morgan)

[Introduced January 23, 2008; referred to the

Committee on Political Subdivisions then Government Organization.]





A BILL to amend and reenact $33-17-9a of the Code of West Virginia, 1931, as amended, relating to clarifying a municipality and county will be notified by an insurance company when a total loss to a structure occurs within that county or municipality.

Be it enacted by the Legislature of West Virginia:

That §33-17-9a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 17. FIRE AND MARINE INSURANCE.

§33-17-9a. Notice 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, and the municipality or county in which the structure is located, 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 and municipality and county in which the structure is located, 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.



NOTE: This bill clarifies that a municipality and county will be notified by an insurance company when a total loss to a structure occurs within that county or municipality.

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