HOUSE CONCURRENT RESOLUTION NO. 83

(By Delegates Angotti, Azinger, Beane, Butcher, Faircloth, Hatfield, Paxton, Perdue, Pethtel, Pino, Spencer, Webster, G. White and H. White)

(Originating in the Committee on Banking and Insurance)

[Introduced April 12, 2001; referred to
the Committee on Rules.]

Requesting the Joint Committee on Government and Finance to conduct a study of the issues raised in Mitchell v. Broadnax, 208 W. Va. 36, 537 S.E.2d 882 (2000) relating to insurance rates and forms.

Whereas, the legislature finds that the sole authority to approve insurance rates and forms rests with the Division of Insurance; and,
Whereas, the legislature finds that the case of Mitchell v. Broadnax, 208 W. Va. 36, 537 S.E.2d 882 (2000) questioned the use of certain rates, forms and coverages and the method by which such rates, forms and coverages are approved by the Division of Insurance; and,
Whereas, the legislature further finds that it is appropriate to review the Division of Insurance's approval process for insurance rates, forms and coverages as it relates to the Broadnax case; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study of the issues raised in Broadnax as they pertain to the approval process of rates, forms and coverages by the Division of Insurance; and, be it
Further Resolved, That the findings and recommendations resulting from the study shall be reported to the Legislature by the beginning of the Regular Session of the year 2002, together with drafts of any proposed legislation necessary to effectuate such recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.