Senate Bill No. 557
(By Senator Jenkins)
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[Introduced February 18, 2004; referred to the Committee on
Banking and Insurance; and then to the Committee on the
Judiciary.]
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A BILL to amend and reenact §33-11-3 of the code of West Virginia,
1931, as amended, relating to unfair insurance trade practices
generally; and exempting insurers, their employees and agents
from certain provisions of law.
Be it enacted by the Legislature of West Virginia:
That §33-11-3 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. UNFAIR TRADE PRACTICES.
§33-11-3. Unfair methods of competition and unfair or deceptive
acts or practices prohibited.
(a) No person shall engage in this state in any trade practice
which is defined in this article as, or determined pursuant to
section seven of this article to be, an unfair method of
competition or an unfair or deceptive act or practice in the business of insurance.
(b) Notwithstanding any other provision of law, absent privity
of contract, no claim or action may be filed against an insurer,
its employees or agents alleging that the insurer, its employees or
agents have violated any of the provisions of this article:
Provided, That this subsection may not limit the authority of the
insurance commissioner to initiate an administrative action against
an insurer pursuant to the provisions of this article.
NOTE: The purpose of this bill is to exempt the application
of unfair trade practices to insurers, their employees and agents.
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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