# WV Informational Letter No. 25: Brief Summary Of Significant Insurance Legislation Enacted During The 1984 Regular Session Of The WV Legislature

> West Virginia · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/WV_INS_IL_25

## Section

- **Citation:** WV Informational Letter No. 25
- **Heading:** Brief Summary Of Significant Insurance Legislation Enacted During The 1984 Regular Session Of The WV Legislature
- **Jurisdiction:** West Virginia
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** West Virginia Offices of the Insurance Commissioner Bulletins and Informational Letters / Brief Summary Of Significant Insurance Legislation Enacted During The 1984 Regular Session Of The WV Legislature

## Text

WEST VIRIGNIA INFORMATIONAL LETTER
No. 25
June, 1984
TO:
All Insurance Companies Licensed To Do Business
In The State of West Virginia, Insurance Trade
Associations, Insurance Media Publications And
All Other Interested Persons
The purpose of this Informational Letter is to briefly summarize the most
significant insurance legislation and insurance related legislation which was enacted
during the 1984 regular session of the West Virginia Legislature. This letter is not to be
construed as inclusive of all legislation which may affect the insurance industry or
insurance consumers, but rather, is intended merely to highlight some of the more
important bills.
Persons seeking a copy of particular legislation should contact West Virginia
Legislative Services, Room E-132, State Capitol, Charleston, West Virginia 25305,
telephone, 304/348-2040.

Page 2
Informational Letter No. 25
June, 1984
INSURANCE LEGISLATION ENACTED
S.B. 66 - Contractual Relationships Between Insurers And Agents – This bill provides
that a property and casualty insurance company may terminate a captive
agent who has been employed by that company for more than five years only
for “good cause” as defined in the statute. An agent who has been terminated
by an insurer in violation of the statute has a cause of action against the
insurer for specific performance, injunctive relief or for damages sustained
as a result of the termination. Code sections affected: New Article 12A is
added to Chapter 33. Effective date: June 6th, 1984.
S.B. 425 - Promulgation of Legislative Rule — This bill authorized the Insurance
Commissioner to promulgate a legislative rule governing the licensing and
conduct of excess line brokers. Code section affected: New Section 64-2-
33(2)(10). Effective date: March 10th, 1984. (Please note, legislative rule
itself becomes effective on July 1, 1984).
H.B
pter 33. Effective date: June 6th, 1984.
S.B. 425 - Promulgation of Legislative Rule — This bill authorized the Insurance
Commissioner to promulgate a legislative rule governing the licensing and
conduct of excess line brokers. Code section affected: New Section 64-2-
33(2)(10). Effective date: March 10th, 1984. (Please note, legislative rule
itself becomes effective on July 1, 1984).
H.B. 1267 - Determination Of Rates On Dwellings — This legislation provides that for
purposes of determining premium rates for dwellings, commercial activity
conducted by the insured shall not be considered unless conducted within
the dwelling. Code section affected: New Section 33-20-17. Effective date:
May 28th, 1984.
H.B. 1400 - Compulsory Motor Vehicle Liability Insurance — This legislation made a
number of changes in the existing compulsory motor vehicle liability
insurance statute. Insurers are to notify the Department of Motor Vehicles
of cancellation of a motor vehicle liability policy only when the
cancellation is for one or more of the reasons specified in Section 33-6A-
1(b)-(e). The period in which the insurer must notify the Department of
Motor Vehicles of cancellation is now ten days from the effective date of
cancellation, as opposed to the previous five day period. Insurers are not to
notify the Department of Motor Vehicles of cancellation based upon
nonpayment of premiums. Insureds must be furnished a duplicate certificate
of insurance as opposed to the single certificate required under the prior
statute. Insureds are required to present a current and valid certificate of
insurance at the time of the required annual motor vehicle safety inspection.
Finally, the act specifies administrative procedures for the revocation of a
motor vehicle registration based upon the registrant’s failure to maintain a
policy of liability insurance. Code sections affected: 17A-3-3, 17D-2A-4,
17D-2A-5, 17D-2A-6 and 17D-3-5. Effective date: March 8th, 1984.
nd valid certificate of
insurance at the time of the required annual motor vehicle safety inspection.
Finally, the act specifies administrative procedures for the revocation of a
motor vehicle registration based upon the registrant’s failure to maintain a
policy of liability insurance. Code sections affected: 17A-3-3, 17D-2A-4,
17D-2A-5, 17D-2A-6 and 17D-3-5. Effective date: March 8th, 1984.

Page 3
Informational Letter No. 25
June, 1984
H.B. 1682 - Payment of Premium Tax — This legislation clarifies the language of
Section 33-3-14c by providing that an insurer becomes subject to penalty
for failure to timely pay premium tax on the day following the due date of
the tax. The date of postmark of the premium tax return is established as
the standard for determination of timely payment. Code section affected:
33-3-14c. Effective date: June 8th, 1984.
H.B. 1919 - Investments By Insurance Companies — This bill amends the investment
provisions of the Insurance Code to take into account advances in the
investment field. Code sections affected: 33-8-23, 33-8-24, 33-8-25.
Effective date: June 8th, 1984.
OTHER BILLS OF INTEREST
S.B. 27 - Fire Prevention And Control Act — This bill requires installation of
smoke detectors in all one and two family dwellings by the owner of the
dwelling on or before July 1, 1985. The act provides that noncompliance
with the statute shall not constitute evidence of negligence or a defense in
any proceeding involving an insurance policy. Code Section affected: New
Section 29-3-16a. Effective date: June 7th, 1984.
S.B. 62 - Natural Death Act — This bill establishes procedures by which a person
may provide for the withholding or withdrawal of life sustaining
procedures if he or she is, or becomes, terminally ill. The act provides that
withdrawal or withholding of life sustaining procedures does not
constitute suicide, the crime of assisting suicide or impair or invalidate any
life insurance policy
B. 62 - Natural Death Act — This bill establishes procedures by which a person
may provide for the withholding or withdrawal of life sustaining
procedures if he or she is, or becomes, terminally ill. The act provides that
withdrawal or withholding of life sustaining procedures does not
constitute suicide, the crime of assisting suicide or impair or invalidate any
life insurance policy. Persons may not be required to execute a declaration
directing the withholding or withdrawal of life sustaining procedures as a
condition to becoming insured or receiving health care services. Code
sections affected: New Article 30 is added to Chapter 16. Effective Date:
June 4th, 1984.
S.B. 171 - Uniform Condominium Act — This legislation makes various changes in
the present Uniform Condominium Act. Persons interested in the specific
changes should review the bill. Code Sections affected: 36B-1-101 to
36B-1-118. Effective date: June 5th, 1984.

Page 4
Informational Letter No. 25
June, 1984
S.B. 263 - Emergency Medical Services Act — This legislation establishes standards
for the licensing and classification of emergency medical service (EMS)
personnel and defines the services which may be performed by such
personnel. The Office of Emergency Medical Services is established within
the State Department of Health and the powers of the Office are defined.
On and after July 1, 1985, all emergency medical service providers must
have liability coverage in an amount not less than one hundred thousand
dollars ($100,000.00) per occurrence. The act provides that no emergency
medical service personnel or provider shall be liable for civil damages or
injuries in excess of the amounts for which such provider or personnel are
actually insured, unless the damages or injuries were intentionally or
maliciously inflicted
s must
have liability coverage in an amount not less than one hundred thousand
dollars ($100,000.00) per occurrence. The act provides that no emergency
medical service personnel or provider shall be liable for civil damages or
injuries in excess of the amounts for which such provider or personnel are
actually insured, unless the damages or injuries were intentionally or
maliciously inflicted. Similar immunity is extended to any physician who
gives instruction to EMS personnel without being compensated therefore or
who treats any patient transported in an ambulance or treats any patient
prior to such transport without compensation. Code sections affected: New
Article 4C is added to Chapter 16. Effective date: June 8th, 1984.
S.B. 697 - Hospice Licensure Act — This legislation establishes licensing requirements
for hospices in order to make available treatment for the physical, emotional
and mental problems of the terminally ill and their families. Code sections
affected. New Article 5I is added to Chapter 16. Effective date: June 8th
1984.
H.B. 1183 - New Motor Vehicle Warranties — This legislation establishes consumers
rights and manufacturers obligations with regard to the condition and fitness
for use of new motor vehicles. Consumers remedies include a civil action
and a third party dispute resolution process through the Office of the
Attorney General. Code section affected: New Article 6A is added to
Chapter 46A. Effective date: June 8th, 1984.
H.B. 1452 - Skiing Responsibility Act — This bill defines the obligations and duties of
ski area operators, skiers and aerial tramway passengers. Ski area operators
are required to carry liability insurance in limits of not less than one hundred
thousand dollars ($100,000.00) per person, three hundred thousand dollars
($300,000.00) per occurrence and ten thousand dollars ($10,000.00) for
property damage
Skiing Responsibility Act — This bill defines the obligations and duties of
ski area operators, skiers and aerial tramway passengers. Ski area operators
are required to carry liability insurance in limits of not less than one hundred
thousand dollars ($100,000.00) per person, three hundred thousand dollars
($300,000.00) per occurrence and ten thousand dollars ($10,000.00) for
property damage. Ski area operators, skiers and aerial tramway passengers
are made liable for injury, loss or damage resulting from violations of their
respective duties as set forth in this statute. Code section affected: New
Article 3A is added to Chapter 20. Effective date: June 8th, 1984.

Page 5
Informational Letter No. 25
June, 1984
H.B. 1479 - Fees For Service Of Process — This legislation concerns the fees charged by
he Secretary of State for acceptance of service of process upon resident
corporations, certain nonresident corporations, unlicensed insurers, limited
partnerships, non-resident motorists and other nonresident having certain
contacts with this State. Persons interested in the specifics of this legislation
should review the bill itself. Code sections affected: 33-1-15, 33-4-13, 47-9-
26A, 56-3-31, 56-3-33. Effective date: June 8th, 1984.
H.B. 1622 - Life Insurance Coverage For West Virginia Public Employees — This
legislation raises from $20,000.00 to $50,000.00 the amount of optional
group life and accidental death insurance which public employees may
purchase under the West Virginia Public Employees Insurance Act. In
addition, public employees are now entitled to purchase life insurance
coverage in specified amounts for the employees spouse and dependents.
Code section affected: 5-16-7. Effective date: June 6th, 1984.
Richard G. Shaw
Insurance Commissioner

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/WV_INS_IL_25. Check the current official text before relying on it. Not legal advice.