On April 3, 2012, West Virginia Governor Earl Ray Tomblin signed two separate bills that affect drivers on West Virginia roads and their insurers. One bill prohibits texting and limits the use of cell phones while driving, while the second bill requires insurance companies to disclose liability policy limits to plaintiff’s lawyers prior to a lawsuit being filed.

Senate Bill 211, introduced by Senate President Jeff Kessler (D) Marshall, created a new West Virginia Code Section 17C-14-15 that prohibits drivers in West Virginia from either texting while driving; or using a cell phone while driving, unless the phone is equipped with a hands-free device. Drivers may utilize their cell phone in any manner, provided they have pulled safely off the roadway. The new law does not prohibit the use of voice radios, mobile radios, or two-way radios while driving. Drivers may use their cell phones while driving to report an accident or road condition. The law goes into effect on July 1, 2012. However, the cell phone usage provision does not take full effect until July 1, 2013. From July 1, 2012 to July 1, 2013, drivers may still use their hand-held cell phone. However, if the driver is on the phone while committing a traffic violation, the driver can be charged with a cell phone use violation.

The new law makes texting and cell phone usage a primary offense. This means that law enforcement may stop a driver suspected of texting or using a cell phone, even though the driver may be otherwise obeying traffic laws. For a first offense, a driver shall be fined $100; second offense fines shall be $200, third and each subsequent offense shall be $300. Points will be assessed beginning with a third offense.

The second law signed by Governor Tomblin on April 3 was approved with much less fanfare. New West Virginia Code Section 33-6F-2 requires auto insurers to provide policy limits information within 30 days upon written request from a claimant’s attorney, even though no suit has been filed. The new code section requires the insurance carrier to also provide policy limits information regarding excess or umbrella coverage. Prior to the enactment of this code section, policy information was only available through formal discovery procedures after a lawsuit was filed.

Under the new law, the claimant’s attorney must provide the following information in the written request: 1) The date and location of the accident; 2) the name and address of the insured; 3) a copy of the accident report, if any; 4) the claim number; 5) a good faith estimate and documentation of all of the claimant’s medical expenses and evidence of wage loss; and 6) documentation of any property damage. Should a carrier fail to provide the information upon receipt of the written request, the carrier will be subject to a $500 fine, plus attorneys’ fees and expenses incurred in obtaining the disclosure of the information.

The bill was sponsored by Tim Miley (D) Harrison, a well known plaintiff’s lawyer. Interestingly, all of the other sponsoring delegates—Hatfield, Ellem, Poore, Reynolds, Hunt, Walters, and Manchin—all received past campaign contributions from the West Virginia Trial Lawyers Association of at least $2000 according to the campaign finance website followthemoney.org. The new law takes effect July 9, 2012.