Bill Text: WV SB849 | 2020 | Regular Session | Enrolled
Bill Title: Relating to military service as factor in certain insurance coverage rates
Spectrum: Bipartisan Bill
Status: (Passed) 2020-04-14 - Chapter 189, Acts, Regular Session, 2020 [SB849 Detail]
Download: West_Virginia-2020-SB849-Enrolled.html
WEST virginia legislature
2020 regular session
Enrolled
Senate Bill 849
By Senators Azinger, Baldwin, Beach, Clements, Cline, Hardesty, Jeffries, Lindsay, Maynard, Pitsenbarger, Romano, Rucker, Smith, Weld, and Trump
[Passed March 5, 2020; in effect from passage]
AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-40, relating to military service as a factor in certain insurance coverage rates generally; prohibiting an insurance company from increasing premiums when reinstating an insurance contract or writing a new policy that was previously cancelled or suspended due to active duty military service of the insured; defining terms; and creating presumption of continuous coverage when lapse occurs while insured is on active duty.
Be it enacted by the Legislature of West Virginia:
ARTICLE 6. THE INSURANCE POLICY.
§33-6-40. Military service as factor in insurance rates.
With respect to any fire, marine, or casualty insurance contract, no person may deny, refuse to renew, cancel coverage, or charge increased premiums for applicants or insureds solely as a result of a uniformed service member’s performance of active military duty in the United States armed forces or as a member of a reserve component of the United States armed forces, to include the National Guard of a state or territory, because the uniformed service member fails to meet underwriting standards that require continuous coverage unless the failure to maintain continuous coverage existed prior to the applicant’s or insured’s entry into active duty status and was not related in any way to the applicant’s or insured’s military service. For the purposes of this section, service in the National Guard includes any full-time active duty for training in the National Guard, active duty operational support, active duty special work, state active duty as a member of a National Guard unit, or any other periods of service pursuant to Title 32 of the United States Code or active service of the state or territory. For purposes of determining premiums, an insurer shall consider such persons as having maintained continuous coverage.
