House approves bill protecting life insurance payouts from bankruptcy
CHARLESTON — The
House Bill 2221 advanced on a 78-12 vote, with 10 delegates absent. It now goes to the
The bill would exempt from bankruptcy any unmatured life insurance policy owned by the debtor, other than a credit life insurance contract. Current state law exempts only the first
Delegate
"I think it puts us in line with 34 other states," Westfall said. "We're an outlier with this."
The bill would also protect all life insurance proceeds paid to the debtor as a beneficiary, as well as any annuities owned by the debtor, including those payable to someone else.
Delegate
"I know there are instances where this maybe needs to happen. Let's narrow that. Let's be directed," Burkhammer said.
Burkhammer noted a similar bill that died last year in the
"You're trying to get back on your feet. You're trying to restart.
He also noted that a
"Now it's unlimited. It's saying that whatever life insurance money I receive from that, as a beneficiary, for the life of that money, an unlimited amount is protected from being used to pay my debts," Burkhammer said. "We've got to remember what bankruptcy is. That means that you received things. You received a service. You received a product. And in return you are to pay that to someone else."
Westfall argued the bill puts West Virginians on an even playing field when it comes to protecting life insurance payouts in a bankruptcy. The state's wealthy already do it by hiring attorneys who arrange to have the funds put into out-of-state trusts, he said.
"Most of the people in
One of the bill's other sponsors, Delegate
"Right now, for wealthy people, this isn't a problem. I can sit down with them, write an irrevocable life insurance trust, have the trust set up in
Steele said he believes the bill would benefit average West Virginians.
"Remember, what we're talking about here is unsecured creditors. Secured creditors aren't going to have a problem with this. They've underwritten it. They've perfected their security interests. They're going to get paid regardless," Steele said.
Delegate
"All of these businesses that come in here have a slew of lawyers that work with them. And one of the things they're going to look at is the insurance law. ... And they're going to advise them that you don't want to expose your new executives, your new factory owners, your new business owners, the people who work for you, or you, to these laws of


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