H. B. 2043
(By Delegates Shook and Overington)
[Introduced February 11, 2009; referred to the
Committee on Roads and Transportation then 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 §33-6A-1b, relating
to notification of cancellation or nonrenewal of an insured's
automobile liability insurance contract or policy;
confiscation of license plates.
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 §33-6A-1b, to read as
follows:
ARTICLE 6A. CANCELLATION OR NONRENEWAL OF AUTOMOBILE LIABILITY
POLICIES.
§33-6A-1b. Notification of cancellation and nonrenewal to the
West Virginia Division of Motor Vehicles.
(a) In every instance in which an insurer notifies an insured
of its intent to cancel or not renew an automobile liability insurance contract or policy, the insurer shall also provide notice
to the West Virginia Division of Motor Vehicles of such
cancellation and nonrenewal in accordance with the same notice
requirements established for the insured pursuant to sections one
and four of this article.
(b) Upon receipt of such cancellation and nonrenewal, the West
Virginia Division of Motor Vehicles shall send written notice to
the insured requiring the insured to provide proof of valid
insurance for any vehicle covered under the canceled or nonrenewed
automobile liability insurance contract or policy. The insured
shall have 30 days to provide proof of insurance to the West
Virginia Division of Motor Vehicles. Failure to provide proof of
insurance within 30 days shall render invalid the registration
plate for any vehicle covered under the canceled or nonrenewed
automobile liability insurance contract or policy. A person
driving a vehicle with the invalid registration plate is guilty of
a misdemeanor and, upon conviction thereof, shall be fined not less
than $100.00 nor more than $500.00 for each offense.
NOTE: The purpose of this bill is to require an insured whose
automotive liability insurance contract or policy has been canceled
or not renewed to provide proof of valid insurance for a vehicle
covered under the recently canceled or nonrenewed policy within 30
days upon notice from the West Virginia Division of Motor
Vehicles.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.