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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 534
(By Senator Palumbo)
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[Introduced March 14, 2013; referred to the Committee on the
Judiciary .]
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A BILL to amend and reenact §33-6F-2 of the Code of West Virginia,
1931, as amended, relating to
correcting an internal reference
of the code with regard to insurance information disclosure
which is supposed to make clear that providing the required
information is not a violation of the
insurer's responsibility
to maintain the confidentiality of consumer financial and
health information.
Be it enacted by the Legislature of West Virginia:
That §33-6F-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6F. DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION.
§33-6F-2. Disclosure of certain insurance information required.
Notwithstanding the provisions of section one of this article:
six-f, of this chapter
(a) Each insurer that may provide provides personal lines
liability insurance coverage as that term is defined in section
nine, article twelve of this chapter to pay all or a portion of a
claim asserted against an insurance policy insuring a motor vehicle
shall provide, within thirty days of its receipt of a written
request from a claimant's attorney who has given written notice
that he or she represents the claimant:
(1) A response providing the following information relating to
each of the insurer's known policies of insurance, including excess
or umbrella insurance, which does or may provide liability coverage
for the claim:
(A) The name of the insurer;
(B) The name of each named insured of the subject policy; and
(C) The limits of any motor vehicle liability insurance policy
at the time of the events that are the subject of the claim; or
(2) The declarations page of any motor vehicle liability
policy applicable at the time of the events that are the subject of
the claim, appropriately redacted to comply with applicable privacy
laws or regulations rules;
(b) Any written request by the claimant's attorney under this
section must include:
(1) The date and location of the events that are the subject
of the claim;
(2) The name and, if known, the last known address of the insured;
(3) A copy of the accident or incident report, if any;
(4) The insurer's claim number;
(5) A good faith estimate and documentation of all of the
claimant's medical expenses if any and any wage loss documentation
as of the date of the request, if any; and
(6) Documentation as of the date of the request of any and all
property damage.
(c) Disclosure of the information required by subsection (a)
of this section shall not constitute is not an admission that the
alleged injury or damage is subject to the policy, nor shall such
does the disclosure waive any reservation of rights an insurer may
have.
(d) No The information disclosed by any party pursuant to this
section, shall be by reason of such the disclosure, is not
admissible as evidence at trial.
(e) An insurer's compliance with this section does not
constitute a violation of this article, or subsection subdivision
(12), section eleven four, article six eleven of this chapter.
(f) An insurer that fails to comply with this section is
subject to a penalty of $500, plus reasonable attorneys' fees and
expenses incurred in obtaining disclosure of the information
required by subsection subdivision (a) of this section. This
penalty is the sole and exclusive remedy for an insurer's failure to comply with this section.
NOTE: The purpose of this bill is to
correct an internal
reference in the code with regard to insurance information
disclosure which is supposed to make clear that providing certain
required information is not a violation of the
insurer's
responsibility to maintain the confidentiality of consumer
financial and health information.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.