The bill amends West Virginia's Code §33-6-29 to modify the priority of insurance coverage for drivers of motor vehicles provided by businesses engaged in selling, repairing, or servicing vehicles. It establishes that any motor vehicle liability insurance policy must extend coverage to individuals operating a vehicle with permission from the business owner, making this coverage primary. The bill specifies that recovery under the vehicle owner's insurance policy is only permitted after the insured individual has exhausted all other available insurance policies, provided that no separate payment is made for the use of the vehicle and that the vehicle is being used as a replacement while the individual's vehicle is being serviced.

Additionally, the bill clarifies that if the insured individual is an employee of the business owner and is operating the vehicle within the scope of their employment, the insurance coverage available to them will be secondary to the business's own motor vehicle liability insurance. It also states that any security required for vehicles owned by businesses in the rental, leasing, selling, repairing, or servicing sectors will be secondary to any motor vehicle liability insurance available to an individual using the vehicle, unless additional liability insurance is purchased from the rental or leasing company, which will be considered primary.

Statutes affected:
Introduced Version: 33-6-29
Engrossed Version: 33-6-29
Enrolled Version: 33-6-29