H. B. 2851
(By Delegates Frich, Tansill, Lane and Frederick)
[Introduced March 3, 2005; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend and reenact §33-11-3 of the Code of West Virginia,
1931, as amended, relating to barring third-party claims
against insurers for violation of the Unfair Trade Practices
Act.
Be it enacted by the Legislature of West Virginia:
That §33-11-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. UNFAIR TRADE PRACTICES.
§33-11-3. Unfair methods of competition and unfair or deceptive
acts or practices prohibited.
(a) No person shall engage in this state in any trade practice
which is defined in this article as, or determined pursuant to
section seven of this article to be, an unfair method of
competition or an unfair or deceptive act or practice in the
business of insurance.
(b) Notwithstanding any other provision of law, absent privity
of contract, no claim or action may be filed against an insurer,
its employees or agents alleging that the insurer, its employees or
agents has violated any provisions of this article: Provided, That
this subsection does not limit the authority of the Insurance
Commissioner to otherwise initiate an administrative action against
an insurer pursuant to this article.
NOTE: The purpose of this bill is to bar
third-party claims
against insurers for violation of the Unfair Trade Practices Act.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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