ENROLLED
H. B. 2550
(By Delegates Jenkins, L. White,
Thompson and Beane)
[Passed March 14, 1998; in effect ninety days from passage.]
AN ACT to amend and reenact section three, article six-a, chapter
thirty-three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to cancellation or
nonrenewal of automobile liability insurance policies;
providing that such cancellation notices may include the
amount of premium due.
Be it enacted by the Legislature of West Virginia:
That section three, article six-a, 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 6A. CANCELLATION OR NONRENEWAL OF AUTOMOBILE LIABILITY
POLICIES.
§33-6A-3. Insurer to specify reasons for cancellation;
immunity from liability or suit.
In every instance in which a policy or contract of
automobile liability insurance which has been in effect sixty
days or which has been renewed is canceled by the insurer, the
insurer or its duly authorized agent shall, in the notice of cancellation or at the written request of the named insured,
specify the reason or reasons relied upon by the insurer for the
cancellation. These reasons shall be stated in a written notice
and shall, if not provided in the notice of cancellation, be made
within thirty days after the request:
Provided, That there shall
be no liability on the part of, and no cause of action shall
arise against, any insurer or its agents or its authorized
investigative sources for any statements made with probable cause
by the insurer, agent or investigative source in a written notice
required to be given pursuant to this section. A notice of
cancellation for nonpayment of premium is not void on the grounds
that the notice includes the amount of premium due or the date by
which payment was to be paid.
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