H. B. 2898
(By Delegates Azinger, Evans, DeLong, Beane,
Amores, Campbell and Stalnaker)
[Introduced March 7, 2005; referred to the
Committee on Veterans Affairs and Homeland Security then
the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §33-20C-6, relating
to providing that physicians are exempt from cancellation or
nonrenewal of medical malpractice coverage when called to
active duty in the armed forces; and, providing that the
requirement to pay premiums on such a policy of coverage is
suspended until the return of the physician from active duty.
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 §33-20C-6, to read as
follows:
ARTICLE 20C. CANCELLATION OR NONRENEWAL OF MALPRACTICE INSURANCE
POLICIES.
§33-20C-6. Physicians exempt from coverage during times of
deployment to active duty in armed forces.
Notwithstanding any contract provision to the contrary, no
insurer may cancel or refuse to renew an existing malpractice
insurance policy on the basis that the insured is called to active
duty in the armed forces. In the event an insured is called to
active duty, any requirement to pay premiums ceases and is
suspended during the period of the insured's active duty. In such
event, the insurer shall allow the insured to resume coverage when
the insured returns from active duty, either with the payment of
the premium that would have been due except for the insured's
calling to active duty, or by renewing the policy in accordance
with the terms and conditions of coverage and premium rates that
existed at the time the coverage was suspended.
NOTE: The purpose of this bill is to exempt physicians from
cancellation or nonrenewal of medical malpractice coverage when
they are called to active duty in the armed forces. The bill
provides that the requirement to pay premiums on such a policy of
coverage is suspended until the return of the physician from active
duty.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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