H. B. 2304
(By Delegates Hunt, Seacrist, McGraw and Thompson)
[Introduced January 31, 1995; referred to the
Committee on Banking and Insurance.]
A BILL to amend article seventeen, chapter thirty-three of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new section, designated
section nine-a, relating to the payment of insurance claims
for damage to structures located within county or municipal
boundaries; and requiring insurance companies to notify
insureds of the existence of such coverage.
Be it enacted by the Legislature of West Virginia:
That article seventeen, chapter thirty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended by adding thereto a new section, designated section nine-a, to read as follows:
ARTICLE 17. FIRE AND MARINE INSURANCE.
§33-17-9a. Disbursement of insurance proceeds.
Upon notice of a claim of an insured loss to a structure
located within a county or municipal corporation in this state,
insurance companies must notify the insured of any coverage in
the insurance policy providing cleanup, removal of any refuse,
debris, remnants or remains of the dwelling and appurtenances and
securing the structure. The notification shall be by letter to
the insured, mailed within ten days of the filing of the claim,
and shall include, but not be limited to: (a) The terms and
limits of coverage designated by the insurance policy for
securing, cleanup and removal; and (b) any time limitations
imposed on the insured for securing, cleanup and removal.
NOTE: The purpose of this bill is to notify persons who
claim any loss to a structure, to be provided with a notice from
their insurance company as to the terms and limits of coverage
for securing, cleanup and removal of damaged property.
This section is new; therefore, strike-throughs and
underscoring have been omitted.