WEST VIRGINIA LEGISLATURE

2024 REGULAR SESSION

Introduced

Senate Bill 535

By Senators Hunt, Chapman, and Maroney

[Introduced January 24, 2024; referred
to the Committee on Banking and Insurance]

A BILL to amend and reenact §33-6-37 of the Code of West Virginia, 1931, as amended, relating to cancellation of homeowners insurance; and prohibiting cancellation of homeowners insurance for an isolated incident.

Be it enacted by the Legislature of West Virginia:

ARTICLE 6. THE INSURANCE POLICY.

§33-6-37. Cancellation or nonrenewal of a combination insurance policy; offer of optional coverage; date of inception of optional coverage.

(a) Notwithstanding of any provision of this chapter to the contrary, an insurer may cancel or nonrenew a combination automobile and homeowners policy of insurance if either the automobile or homeowners insurance in such policy may be cancelled or nonrenewed pursuant to the cancellation or nonrenewal provisions of this chapter pertaining to such insurance: Provided, That the insurer shall offer, on a form approved by the commissioner, to issue a policy of insurance, effective as of the date of cancellation of the combination policy, to the insured for the insurance that was not cancelled or nonrenewed and shall issue such policy if the offer is accepted by the insured. For the purposes of cancellation, nonrenewal and termination of policies provided for in articles six-a and seventeen-a of this chapter, the inception date of a reissued policy is the inception date of the combination policy.

(b) Notwithstanding any other provisions in this article, no homeowners policy of insurance coverage subject to this article may be canceled or denied renewal as a result of filing a claim for an isolated incident.

NOTE: The purpose of this bill is to prohibit cancellation of homeowners insurance for an isolated incident.

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