Introduced Version
House Bill 2301 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2301
(By Delegates Reynolds, Ferns, R. Phillips, Skaff,
Barill, Campbell, Moye and L. Phillips)
[Introduced February 13, 2013; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend and reenact §33-17A-6 of the Code of West Virginia,
1931, as amended, relating to prohibiting declination or
termination of property insurance based solely upon a home
owner's possession of a certain breed of dog; and providing
exception.
Be it enacted by the Legislature of West Virginia:
That §33-17A-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 17A. PROPERTY INSURANCE DECLINATION, TERMINATION AND
DISCLOSURE.
§33-17A-6. Discriminatory terminations and declinations
prohibited.
No An insurer may not decline to issue or terminate a policy
of insurance subject to this article if the declination or
termination is:
(a) Based upon the race, religion, nationality, ethnic group, age, sex or marital status of the applicant or named insured;
(b) Based solely upon the lawful occupation or profession of
the applicant or named insured unless the decision is for a
business purpose that is not a mere pretext for unfair
discrimination. Provided, That This provision does not apply to
any insurer, agent or broker that limits its market to one lawful
occupation or profession or to several related lawful occupations
or professions;
(c) Based upon the age or location of the residence of the
applicant or named insured unless the decision is for a business
purpose that is not a mere pretext for unfair discrimination or
unless the age or location materially affects the risk;
(d) Based upon the fact that another insurer previously
declined to insure the applicant or terminated an existing policy
in which the applicant was the named insured;
(e) Based upon the fact that the applicant or named insured
previously obtained insurance coverage through a residual market
insurance mechanism;
(f) Based upon the fact that the applicant has not previously
been insured;
(g) Based upon the fact that the applicant did not have
insurance coverage for a period of time prior to the application;
or
(h) Based solely upon an adverse credit report or adverse credit scoring; or
_____(i) Based upon the sole fact that the applicant has a certain
breed of dog except that this provision does not apply to an
applicant whose dog has a history of biting people.
NOTE: The purpose of this bill is to prohibit declination or
termination of property insurance based solely upon an applicant's
or home owner's possession of a certain breed of dog. The bill
provides an exception if the dog has a history of biting people.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.