Senate File 321 - Introduced





                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SSB 1137)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to automobile or motor vehicle insurance coverage
  2    of liability arising from uninsured, underinsured, or
  3    hit=and=run motorists.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1752SV 83
  6 av/nh/5

PAG LIN



  1  1    Section 1.  Section 516A.1, Code 2009, is amended to read
  1  2 as follows:
  1  3    516A.1  COVERAGE INCLUDED IN EVERY LIABILITY POLICY ==
  1  4 REJECTION BY INSURED.
  1  5    1.  No An automobile liability or motor vehicle liability
  1  6 insurance policy insuring against liability for bodily injury
  1  7 or death arising out of the ownership, maintenance, or use of
  1  8 a motor vehicle shall not be delivered or issued for delivery
  1  9 in this state with respect to any motor vehicle registered or
  1 10 principally garaged in this state, unless coverage is provided
  1 11 in such policy or supplemental thereto, for the protection of
  1 12 persons insured under such policy who are legally entitled to
  1 13 recover damages from the owner or operator of an uninsured
  1 14 motor vehicle or a hit=and=run motor vehicle or an
  1 15 underinsured motor vehicle because of bodily injury, sickness,
  1 16 or disease, including death resulting therefrom, caused by
  1 17 accident and arising out of the ownership, maintenance, or use
  1 18 of such uninsured or underinsured motor vehicle, or arising
  1 19 out of physical contact of such hit=and=run motor vehicle with
  1 20 the person insured or with a motor vehicle which the person
  1 21 insured is occupying at the time of the accident.  Both the
  1 22 uninsured motor vehicle or hit=and=run motor vehicle coverage,
  1 23 and the underinsured motor vehicle coverage shall include
  1 24 limits for bodily injury or death at least equal to those
  1 25 stated in section 321A.1, subsection 11 the limits of
  1 26 liability for the bodily injury portion of the insurance
  1 27 policy.  The form and provisions of such coverage shall be
  1 28 examined and approved by the commissioner of insurance.
  1 29    2.  However, the The named insured may reject all or a
  1 30 portion of such the coverage required in subsection 1, or
  1 31 reject the uninsured motor vehicle (hit=and=run motor vehicle)
  1 32 coverage, or reject the underinsured motor vehicle coverage,
  1 33 by written rejections signed by the named insured.  If
  1 34 rejection is made on a form or document furnished by an
  1 35 insurance company or insurance producer, it the rejection
  2  1 shall be on a separate sheet of paper which contains only the
  2  2 rejection and information directly related to it the
  2  3 rejection, including an explanation of the coverage being
  2  4 rejected and the amount of the premium associated with the
  2  5 coverage being rejected.  Such coverage need not be provided
  2  6 in or supplemental to a renewal policy if the named insured
  2  7 has rejected the coverage in connection with a policy
  2  8 previously issued to the named insured by the same insurer.
  2  9    Sec. 2.  Section 516A.2, Code 2009, is amended to read as
  2 10 follows:
  2 11    516A.2  CONSTRUCTION == MINIMUM COVERAGE == STACKING
  2 12 STEP=DOWN PROVISIONS.
  2 13    1.  Except with respect to a policy containing both
  2 14 underinsured motor vehicle coverage and uninsured or
  2 15 hit=and=run motor vehicle coverage, nothing Nothing contained
  2 16 in this chapter shall be construed as requiring forms of
  2 17 coverage provided pursuant hereto, whether alone or in
  2 18 combination with similar coverage afforded under other
  2 19 automobile liability or motor vehicle liability policies, to
  2 20 afford limits in excess of those that would be afforded had
  2 21 the insured thereunder been involved in an accident with a
  2 22 motorist who was insured under a policy of liability insurance
  2 23 with the minimum limits for bodily injury or death prescribed
  2 24 in subsection 11 of section 321A.1.  Such forms of coverage
  2 25 may include terms, exclusions, limitations, conditions, and
  2 26 offsets which are designed to avoid duplication of insurance
  2 27 or other benefits duplicate payment of damages.
  2 28    To the extent that Hernandez v. Farmers Insurance Company,
  2 29 460 N.W.2d 842 (Iowa 1990), provided for interpolicy stacking
  2 30 of uninsured or underinsured coverages in contravention of
  2 31 specific contract or policy language, the general assembly
  2 32 declares such decision abrogated and declares that the
  2 33 enforcement of the antistacking provisions contained in a
  2 34 motor vehicle insurance policy does not frustrate the
  2 35 protection given to an insured under section 516A.1.
  3  1    2.  Pursuant to chapter 17A, the commissioner of insurance
  3  2 shall, by January 1, 1992, adopt rules to assure the
  3  3 availability, within the state, of motor vehicle insurance
  3  4 policies, riders, endorsements, or other similar forms of
  3  5 coverage, the terms of which shall provide for the stacking of
  3  6 uninsured and underinsured coverages with any similar coverage
  3  7 which may be available to an insured.
  3  8    3.  It is the intent of the general assembly that when more
  3  9 than one motor vehicle insurance policy is purchased by or on
  3 10 behalf of an injured insured and which provides uninsured,
  3 11 underinsured, or hit=and=run motor vehicle coverage to an
  3 12 insured injured in an accident, the injured insured is
  3 13 entitled to recover up to an amount equal to the highest
  3 14 single limit for uninsured, underinsured, or hit=and=run motor
  3 15 vehicle coverage under any one of the above described motor
  3 16 vehicle insurance policies insuring the injured person which
  3 17 amount shall be paid by the insurers according to any priority
  3 18 of coverage provisions contained in the policies insuring the
  3 19 injured person.
  3 20    2.  A policy to which this chapter applies shall not
  3 21 include exclusions or step=down provisions that eliminate or
  3 22 reduce uninsured or underinsured coverage for a person who
  3 23 would otherwise be covered under the policy, for the reason
  3 24 that the person is injured by, or while occupying a vehicle
  3 25 being operated by, another person insured under the policy.
  3 26    Sec. 3.  Section 516A.4, Code 2009, is amended to read as
  3 27 follows:
  3 28    516A.4  INSURER MAKING PAYMENT == REIMBURSEMENT ==
  3 29 SETTLEMENT == SUBSTITUTE TENDER == GOOD FAITH.
  3 30    1.  In the event of payment to any person under the
  3 31 coverage required by this chapter and subject to the terms and
  3 32 conditions of such coverage, the insurer making such payment
  3 33 shall, to the extent thereof, be entitled to the proceeds of
  3 34 any settlement or judgment resulting from the exercise of any
  3 35 rights of recovery of such person against any person or
  4  1 organization legally responsible for the bodily injury for
  4  2 which such payment is made, including the proceeds recoverable
  4  3 from the assets of the insolvent insurer, to the extent that
  4  4 the proceeds of the resulting settlement or judgment, when
  4  5 combined with such payment made by the insurer, exceed such
  4  6 person's damages.  The person to whom said payment is made
  4  7 under the insolvency protection required by this chapter shall
  4  8 to the extent thereof, be deemed to have waived any right to
  4  9 proceed to enforce such a judgment against the assets of the
  4 10 judgment debtor who was insured by the insolvent insurer whose
  4 11 insolvency resulted in said payment being made, other than
  4 12 assets recovered or recoverable by such judgment debtor from
  4 13 such insolvent insurer.
  4 14    2.  An insurer providing coverage under this chapter shall,
  4 15 within thirty days after receipt of a written request for
  4 16 permission to settle with any person or organization legally
  4 17 responsible for bodily injury for which coverage is provided
  4 18 under this chapter, either give consent to the settlement or
  4 19 tender substitute payment of the settlement amount.  Failure
  4 20 of the insurer to give such consent or to tender substitute
  4 21 payment shall constitute the insurer's consent to the
  4 22 settlement and shall bar the insurer from claiming that the
  4 23 settlement prejudiced the insurer's rights under the policy or
  4 24 this section.
  4 25    3.  An insurer that pursues, through subrogation or
  4 26 assignment, a claim against any person or organization legally
  4 27 responsible for bodily injury for which the insurer has made
  4 28 payments under this chapter, shall include in such claim all
  4 29 damages of the subrogor or assignor of the claim, and shall
  4 30 tender to the subrogor or assignor any amounts to which the
  4 31 subrogor or assignor would have been entitled under subsection
  4 32 1 if the subrogor or assignor had directly pursued the claim.
  4 33                           EXPLANATION
  4 34    This bill relates to automobile or motor vehicle insurance
  4 35 coverage of liability arising from uninsured, underinsured, or
  5  1 hit=and=run motorists.
  5  2    Code section 516A.1 is amended to require coverage for
  5  3 uninsured, underinsured, and hit=and=run motor vehicle
  5  4 liability that equals the limits of liability for the bodily
  5  5 injury portion of the insurance policy instead of the
  5  6 statutory amounts required for proof of financial
  5  7 responsibility in Code section 321A.1(11).  The named insured
  5  8 may reject all or a portion of the required coverage.  A form
  5  9 furnished by the insurance company allowing an insured to
  5 10 reject all or a portion of the required coverage must include
  5 11 an explanation of the coverage being rejected and the amount
  5 12 of the premium associated with the coverage being rejected.
  5 13    Code section 516A.2(1) is amended to provide that such
  5 14 coverage may include provisions that are designed to avoid
  5 15 duplicate payment of damages.  The remainder of Code sections
  5 16 516A.2(1) and 516A.2(2) relating to stacking of uninsured and
  5 17 underinsured coverages, and Code section 516A.2(3) relating to
  5 18 coverage under multiple motor vehicle insurance policies of
  5 19 one insured, are stricken.  Code section 516A.2 is amended to
  5 20 prohibit exclusions or step=down provisions in motor vehicle
  5 21 insurance policies that eliminate or reduce uninsured or
  5 22 underinsured coverage for a person who would otherwise be
  5 23 covered under the policy, because the person is injured by, or
  5 24 while in a vehicle being operated by, another person insured
  5 25 under the policy.
  5 26    Code section 516A.4(1) is amended to provide that an
  5 27 insurer who has made payments under a policy to an injured
  5 28 party is entitled to proceeds of a resulting settlement or
  5 29 judgment against the person responsible for those damages only
  5 30 to the extent that the proceeds combined with payment made by
  5 31 the insurer exceed the injured party's damages.
  5 32    Code section 516A.4(2) provides that an insurer has 30 days
  5 33 after receipt of a request to settle against the responsible
  5 34 party, to either consent to the settlement or to tender
  5 35 substitute payment of the settlement amount, or such failure
  6  1 will constitute consent and bar the insurer from claiming
  6  2 prejudice as a result of the settlement.
  6  3    Code section 516A.4(3) provides that when an insurer
  6  4 pursues a claim, through subrogation or assignment, against
  6  5 the party responsible for bodily injury for which the insurer
  6  6 has made payments, the insurer shall include the damages of
  6  7 the subrogor or assignor and tender the amount to the assignor
  6  8 or subrogor that the person would have been entitled to if
  6  9 that person had pursued the claim directly.
  6 10 LSB 1752SV 83
  6 11 av/nh/5.1