H. B. 2550
(By Delegates Jenkins, L. White,
Thompson and Beane)
[Introduced January 14, 1998; referred to the
Committee on Banking and Insurance.]
A BILL 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,
such
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
such the insurer for
such the cancellation.
Such 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
such the request:
Provided, however, 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
such the insurer, agent or
investigative source in
such 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.
NOTE: The purpose of this bill is to permit automobile
insurance companies to include and display the amount of premium
due and the payment due date in their cancellation notices
without rendering such notices void.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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