[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 406 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 406

To prohibit an insurer from treating a veteran differently in the terms 
   or conditions of motor vehicle insurance because a motor vehicle 
  operated by the veteran, during a period of military service by the 
          veteran, was insured or owned by the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2001

 Mr. Andrews introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
To prohibit an insurer from treating a veteran differently in the terms 
   or conditions of motor vehicle insurance because a motor vehicle 
  operated by the veteran, during a period of military service by the 
          veteran, was insured or owned by the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FAIR TREATMENT OF VETERANS IN THE TERMS AND CONDITIONS OF 
              MOTOR VEHICLE INSURANCE.

    (a) Prohibition.--An insurer shall not deny a veteran a policy of 
motor vehicle insurance, or issue a policy of motor vehicle insurance 
that treats a veteran differently in its terms or conditions, because a 
motor vehicle operated by the veteran, during a period of active 
military, naval, or air service by the veteran, was insured or owned by 
the United States.
    (b) Civil Action.--
            (1) In general.--Subject to paragraph (2), a veteran or a 
        dependent of a veteran may bring a civil action for a violation 
        of subsection (a) committed with respect to the veteran, in an 
        appropriate court of the United States or a State for damages 
        described in paragraph (5), costs of the action, and reasonable 
        attorney's fees.
            (2) Limitation.--A veteran or a dependent may commence a 
        civil action under this subsection only if--
                    (A) the veteran or dependent files a complaint 
                alleging a violation of subsection (a) with the 
                Secretary of Veterans Affairs; and
                    (B) the Secretary--
                            (i) finds in accordance with paragraph (3) 
                        that reasonable evidence of such violation 
                        exists; or
                            (ii) fails to make a finding in accordance 
                        with paragraph (3).
            (3) Finding by secretary.--Not later than 90 days after 
        receiving a complaint filed under paragraph (2)(A), the 
        Secretary shall find whether or not reasonable evidence exists 
        of a violation of subsection (a).
            (4) Statute of limitations.--A complaint may only be filed 
        under paragraph (2) not later than 180 days after the veteran 
        or dependent receives notice of the denial or issuance that 
        allegedly violates subsection (a).
            (5) Damages.--Damages referred to in paragraph (1) are the 
        sum of the following:
                    (A) 3 times the amount of any economic loss 
                suffered by the veteran or dependent, respectively, as 
                a result of the violation of subsection (a).
                    (B) Such damages as are appropriate due to 
                emotional distress suffered by the veteran or 
                dependent, respectively, as a result of the violation 
                of subsection (a).
    (c) Definitions.--For purposes of this section:
            (1) Dependent.--The term ``dependent'' means a spouse, 
        parent, or child.
            (2) Insurer.--The term ``insurer'' means any person engaged 
        in interstate commerce in the business of issuing policies of 
        insurance.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Veterans Affairs.
            (4) Veteran.--The term ``veteran'' has the meaning given 
        that term in section 101(2) of title 38, United States Code.
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