WEST virginia Legislature

2016 regular session

Introduced

Senate Bill 540

By Senators Carmichael, Boso and Trump

[Introduced February 6, 2016;

Referred to the Committee on the Judiciary.

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12B-11b, relating to providing civil immunity to company insurance adjusters employed by an insurer from personal liability for claims of unfair trade practices; and providing that the immunity does not exempt company adjusters from requirements or responsibilities as a licensed adjuster.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended and reenacted by adding thereto a new section, designated §33-12B-11b, to read as follows:

ARTICLE 12B. ADJUSTERS.

§33-12B-11b. Prohibiting certain civil actions against company adjusters.

(a) Notwithstanding any other provision in this code to the contrary, a cause of action does not arise and a claim may not be brought against a company adjuster employed by an insurer and a company adjuster employed by an insurer may not be named individually as a defendant or be held personally liable in any civil lawsuit or cause of action in a court of law for civil damages arising out of his or her involvement in adjusting a claim or for any other act or omission in violation of article eleven, chapter thirty-three of this code while acting under the authority of his or her employer or in the course and scope of his or her employment.

(b) This section does not exempt an individual from any other duties or responsibilities as a company adjuster licensed pursuant to this article or from any other provisions of this code as a licensed company adjuster.

NOTE: The purpose of this bill is to provide civil immunity to company insurance adjusters employed by an insurer from personal liability for claims of unfair trade practices; and providing that the immunity does not exempt company adjusters from requirements or responsibilities as a licensed adjuster.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.