W. Va. Governor Manchin Addresses PIIA This Morning, Discusses His Proposals

February 28, 2005

Proposals by West Virginia Governor Joe Manchin to bring down insurance rates and increase availability will be discussed this morning during two presentations in Charleston during Insurance Day, sponsored by the Professional Independent Insurance Agents of West Virginia.

Jim Pitrolo, the governor’s legislative director, will address the group at 7:30 a.m. during the morning breakfast session. He will discuss the governor’s proposed insurance and civil justice reform package.
Gov. Manchin was unable to attend the conference. The keynote speaker at the general session will be Insurance Commissioner Jane Cline. Cline will speak on matters of interest regarding the office of the Insurance Commissioner.

Manchin, according to West Virginia Intelligencer has asked legislators to make two changes:

First, he wants changes in West Virginia’s rules on who has to pay when companies or individuals are sued. The problem involves lawsuits with multiple defendants. Current law allows that, no matter what proportion of responsibility is borne by a defendant, he can be forced to pay all the damages determined in court. If, for example, a company is found to be only 10 percent responsible for an accident, it still can be required to pay 100 percent of the damages.

Another change would restrict third-party bad faith lawsuits. They permit West Virginians to sue individuals for damages — and to sue the individuals’ insurance companies for allegedly handling claims in bad faith. Manchin wants to do away with such lawsuits and have the state Insurance Commission handle complaints about bad-faith handling of claims. Only six states now allow such “third-party bad faith” lawsuits.

According to the Intelligencer, insurance companies have pledged to roll back the rates they charge West Virginians – by about $50 million – if the two changes sought by Manchin are approved. That is an indication of just how much Mountain State residents pay needlessly because of flaws in insurance and lawsuit regulations. Legislators should disregard the trial lawyers’ lobby opposing Manchin. They should pass the bills sought by the governor as soon as possible.

Today’s general session will be broadcast to hundreds of thousands of West Virginians as Hoppy Kercheval, the voice of the MetroNews Network brings his well-known “Talkline” radio program to I-Day. Kercheval will host a live, two-hour program from the ballroom of the Charleston Mariott beginning at 10 a.m. The program will consist of four segments, each of which will be of significant interest to the insurance industry and to West Virginians. Each segment will run for 25 minutes and will feature conversations between the moderator and experts with opposing points of view.

Topics discussed during the radio broadcasts will include: Third Party Bad Faith, with Ancil G. Ramey and Michael J. Romano; Joint/Several Liability Collateral Source, with Marc E. Williams and Allan N. Karlin; Personal Lines, Timothy W. Dyer and Thomas G. Dyer; and Judicial Selection Process, with John F. McCuskey and Harvey D. Peyton.

West Virginia Supreme Court of Appeals Justice Elliott “Spike” Maynard will be the keynote speaker at the I-Day luncheon
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A bus will leave at 1:45 p.m. to take participants to the state Capitol where they will be able to talk to their legislators and discuss the need for improvement in West Virginia’s insurance climate.

Topics Lawsuits Virginia West Virginia

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