I

106TH CONGRESS

2D SESSION H. R. 5607

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

OCTOBER 31, 2000

Mr. ANDREWS introduced the following bill; which was referred to the

Committee on Commerce

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FAIR TREATMENT OF VETERANS IN THE TERMS

4 AND CONDITIONS OF MOTOR VEHICLE IN5 SURANCE.

6 (a) PROHIBITION.—An insurer shall not deny a vet7 eran a policy of motor vehicle insurance, or issue a policy
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1 of motor vehicle insurance that treats a veteran differently

2 in its terms or conditions, because a motor vehicle oper3 ated by the veteran, during a period of active military,

4 naval, or air service by the veteran, was insured or owned

5 by the United States.

6 (b) CIVIL ACTION.—

7 (1) IN GENERAL.—Subject to paragraph (2), a

8 veteran or a dependent of a veteran may bring a

9 civil action for a violation of subsection (a) com10 mitted with respect to the veteran, in an appropriate

11 court of the United States or a State for damages

12 described in paragraph (5), costs of the action, and

13 reasonable attorney’s fees.

14 (2) LIMITATION.—A veteran or a dependent

15 may commence a civil action under this subsection

16 only if—

17 (A) the veteran or dependent files a com18 plaint alleging a violation of subsection (a) with

19 the Secretary of Veterans Affairs; and

20 (B) the Secretary—

21 (i) finds in accordance with paragraph

22 (3) that reasonable evidence of such viola23 tion exists; or

24 (ii) fails to make a finding in accord25 ance with paragraph (3).
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1 (3) FINDING BY SECRETARY.—Not later than

2 90 days after receiving a complaint filed under para3 graph (2)(A), the Secretary shall find whether or not

4 reasonable evidence exists of a violation of sub5 section (a).

6 (4) STATUTE OF LIMITATIONS.—A complaint

7 may only be filed under paragraph (2) not later than

8 180 days after the veteran or dependent receives no9 tice of the denial or issuance that allegedly violates

10 subsection (a).

11 (5) DAMAGES.—Damages referred to in para12 graph (1) are the sum of the following:

13 (A) 3 times the amount of any economic

14 loss suffered by the veteran or dependent, re15 spectively, as a result of the violation of sub16 section (a).

17 (B) Such damages as are appropriate due

18 to emotional distress suffered by the veteran or

19 dependent, respectively, as a result of the viola20 tion of subsection (a).

21 (c) DEFINITIONS.—For purposes of this section:

22 (1) DEPENDENT.—The term ‘‘dependent’’

23 means a spouse, parent, or child.
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1 (2) INSURER.—The term ‘‘insurer’’ means any

2 person engaged in interstate commerce in the busi3 ness of issuing policies of insurance.

4 (3) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of Veterans Affairs.

6 (4) VETERAN.—The term ‘‘veteran’’ has the

7 meaning given that term in section 101(2) of title

8 38, United States Code.

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