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NAMIC 2006 Survey of New State Insurance Laws Summary and Analysis

2006 SUMMARY OF NEW STATE LAWS - WEST VIRGINIA

West Virginia State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 2118

62

Bail bonds

Relates to forfeiture of a bail bond for failure of a defendant to appear in court; provides for the reimbursement of the bail bondsman for the amount of the forfeited bond if the bondsman later returns the bonded person to the custody of the court; authorizes the Administrator of the State Supreme Court to oversee bondsmen and audit, review, and suspend bondsmen who have insufficient assets. Effective: June 9, 2006.

HB 4004

162

Motor vehicle insurance - enforcement issues

Relates to prohibiting the use of a traffic law photo-monitoring device by police officers to detect traffic law violations; provides that evidence obtained by the use of a traffic law photo-monitoring device may not be used to provide a violation of a traffic law; provides that this section does not prohibit the use of microwave devices to prove the speed of a motor vehicle in violation of traffic law; provides that such evidence may be used for other lawful purposes. Effective: June 9, 2006.

HB 4307

161

Motor vehicle insurance - enforcement issues

Extends the weekend driving privileges of antique motor vehicles and motorcycles. Effective: June 9, 2006.

HB 4310

214

Workers' compensation - fund management

Extends the Board of Risk and Insurance Management to July 1, 2011. Effective: June 5, 2006.

HB 4513

115

Workers' compensation - fund management

Relates to workers' compensation fraud; permits insurance fraud investigators to present criminal complaints directly to a magistrate; extends the statute of limitations; relates to collection of amounts owed by employers; permits acceptance of a bond from defaulting employers; requires circuit courts to issue injunctions against operation of business by a defaulting employer. Effective: June 9, 2006.

SB 219

72

Motor vehicle insurance - teen drivers

Relates to the requirements for obtaining a graduated driver's license; changes the expiration for level one permits and level tow licenses; prohibits the use of a handheld wireless communication device while driving by a minor holding a level one instruction permit or a level two license; provides penalties for violations. Effective: June 9, 2006.

SB 223

114

Financial regulation

Relates to the examinations of insurance and health care entities; increases the time in which insurers, rating organizations and certain health care entities may respond to examination reports from the Insurance Commissioner; clarifies that the Insurance Fraud Prevention Act applies to certain health care entities; increases the minimum period in which examinations of certain health care entities must be conducted by the Insurance Commissioner. Effective: June 9, 2006.

SB 473

193

Motor vehicle insurance - traffic offenses

Enhances penalties for reckless driving which results in defined serious bodily injury. Effective: July 1, 2006.

SB 605

158

Motor vehicle insurance - watercraft issues

Relates to a personal property tax receipt proof as prerequisite for vehicle or motorboat registration; provides for alternative methods of verification of tax payment. Effective: June 9, 2006.

SB 630

116

Property insurance

Provides that an insurer may cancel or nonrenew a combination automobile and homeowners police of insurance if either insurance in such policy may be canceled or nonrenewed pursuant to the cancellation or nonrenewal provisions of existing law pertaining to such insurance and the insurer offers, on a form approved, to issue a policy of insurance to the insured for the insurance that was cancelled or nonrenewed and shall issue such policy if the offer is accepted by the insured. Effective: June 5, 2006.

SB 644

164

Motor vehicle insurance - traffic offenses

Authorizes the motor vehicle insurance verification program; relates to mandatory security upon motor vehicles; changes the period of suspension of a driver's license for failure to maintain motor vehicle security; provides a penalty for false or fraudulent information regarding mandatory security; amends requirements for obtaining a certificate of self-insurance. Effective: June 9, 2006.

SB 754

124

Farm mutuals

Clarifies risk categories covered by farmers' mutual insurance companies; clarifies that certain requirements for the filing of fire and marine policies apply to farm mutual insurance companies; describes types of policies of liability insurance for which an extension of a license must be obtained; permits the commissioner to limit duration of such license extensions and establish criteria by which farm mutual insurance companies must demonstrate that they serve underserved areas. Effective: June 9, 2006.

SB 790

254

Workers' compensation - disputes and settlements

Relating to filing of workers compensation decision appeals to the board of review; relates to actions of the administrative law judge. Effective: June 7, 2006.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.