ENGROSSED
Senate Bill No. 484
(By Senators Minard, Jenkins, Rowe, Sharpe, Minear and Ross)
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[Introduced February 11, 2003; referred to the Committee on
Banking and Insurance; and then to the Committee on Finance.]
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A BILL to amend and reenact section two, article twenty, chapter
thirty-three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the types of
entities that are governed by said article; and providing for
rate regulation of title insurers.
Be it enacted by the Legislature of West Virginia:
That section two, article twenty, 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 20. RATES AND RATING ORGANIZATIONS.
§33-20-2. Scope of article.
(a) This article applies to fire, marine, casualty and surety
insurance on risks or operations in this state.
(b) This article shall not apply:
(1) To reinsurance, other than joint reinsurance to the extent
stated in section eleven of this article;
(2) To life or accident and sickness insurance;
(3) To insurance of vessels or craft, their cargoes, marine
builders' risks, marine protection and indemnity or other risks
commonly insured under marine, as distinguished from inland marine,
insurance policies;
(4) To insurance against loss of or damage to aircraft,
including their accessories and equipment, or against liability,
other than workers' compensation and employer's liability arising
out of the ownership, maintenance or use of aircraft;
(5) To title insurance;
(5) To malpractice insurance insofar as the provisions of this
article directly conflict and thereby are supplanted by article
twenty-b of this chapter.
(c) If any kind of insurance, subdivision or combination
thereof, or type of coverage, is subject to both the provisions of
this article expressly applicable to casualty and surety insurance
and to those expressly applicable to fire and marine insurance, the
commissioner may apply to filings made for such kind of insurance
the provisions of this article which are in his judgement most
suitable.
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