H. B. 3048
(By Delegates Caruth, Frederick, Armstead,
Frich, Long and Louisos)
[Introduced February 18, 2003; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend and reenact section eleven, article four, chapter
thirty-three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to complaints
alleging violations under the insurance law addressed solely
to the commissioner; and providing that administrative remedy
is exclusive and in lieu of civil damages.
Be it enacted by the Legislature of West Virginia:
That section eleven, article four, chapter thirty-three of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 4. GENERAL PROVISIONS.
§33-4-11. Effective date of chapter; complaints addressed to
commissioner.
Except as otherwise expressly stated herein, this chapter
shall become effective on the first day of January, one thousand nine hundred fifty-eight.
Complaints alleging violations arising under the provisions of
this chapter or rules promulgated under its provisions shall be
addressed solely to the commissioner of insurance and the
administrative remedy available for violations is exclusive. This
section or chapter does not create a private cause of action and
the administrative remedy for any violations of this chapter or
rules promulgated under its provisions is in lieu of civil damages.
NOTE: The purpose of this bill is to provide that
complaints
alleging violations under the insurance law are to be addressed
solely to the commissioner of insurance. The bill also provides
that administrative remedy is exclusive and in lieu of civil
damages.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.