[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4094 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4094

  To prohibit insurers from canceling or refusing to renew homeowners 
insurance policies because of the presence of certain types of drywall 
                              in the home.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 2009

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

_______________________________________________________________________

                                 A BILL


 
  To prohibit insurers from canceling or refusing to renew homeowners 
insurance policies because of the presence of certain types of drywall 
                              in the home.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drywall Victims Insurance Protection 
Act of 2009''.

SEC. 2. PROHIBITION OF CANCELING OR DECLINING TO RENEW HOMEOWNERS 
              INSURANCE BECAUSE OF PRESENCE OF CERTAIN DRYWALL.

    It shall be unlawful for any insurer--
            (1) to cancel, or decline to renew, any coverage for 
        homeowners' insurance for any single-family housing based on 
        the presence, or possibility of presence, in the housing of any 
        drywall that has a covered characteristic; or
            (2) in any renewal of homeowners' insurance for such a 
        structure, to discriminate in the amount, rates for coverage, 
        or other terms of such coverage based on the presence, or 
        possibility of presence, in the structure of any drywall that 
        has a covered characteristic.

SEC. 3. PRIVATE CAUSE OF ACTION.

    (a) In General.--An insured who has been adversely affected by a 
violation of section 2 by an insurer may bring a civil action against 
the insurer in an appropriate Federal or State court for relief under 
subsection (b).
    (b) Relief.--Upon proof of a violation of section 2 by a 
preponderance of the evidence in an action described in subsection (a), 
the court may award appropriate legal and equitable relief, including 
temporary, preliminary, and permanent injunctive relief and 
compensatory damages.
    (c) Attorneys' Fees and Other Costs.--In any action or proceeding 
under this section, the court shall allow a prevailing plaintiff 
reasonable attorneys' fee as part of the costs, and shall include any 
expert fees as part of the attorneys' fee.

SEC. 4. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Covered characteristic.--The term ``covered 
        characteristic'' means, with respect to any drywall, that the 
        drywall--
                    (A) was imported from, or originated in, China at 
                any time during the period consisting of calendar years 
                2004 through 2007; or
                    (B) contains elevated levels of sulphur or 
                strontium.
            (2) Insured.--The term ``insured'' means any natural person 
        who has purchased coverage for homeowners' insurance.
            (3) Insurer.--The term ``insurer'' means any entity, 
        including any affiliate thereof, that is licensed or admitted 
        to engage in the business of providing homeowners' insurance in 
        any State.
            (4) Homeowners' insurance.--The term ``homeowners' 
        insurance'' means property and casualty insurance coverage 
        against losses to single-family housing.
            (5) Single-family housing.--The term ``single-family 
        housing'' means a residential real property (including 
        individual units of condominium and cooperative structures) 
        designed principally for the occupancy of from one to four 
        families.
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