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S1126aa,aaH..........................................by JUDICIARY AND RULES MOTOR VEHICLE LIABILITY - Amends existing law to require that a minimum level of motor vehicle liability coverage be provided to certain persons; to revise liability provisions relating to liability for imputed negligence; and to provide nonliability to the owner that rents or leases a motor vehicle under certain circumstances. 02/12 Senate intro - 1st rdg - to printing 02/13 Rpt prt - to Com/HuRes 02/23 Rpt out - to 14th Ord 03/01 Rpt out amen - to engros 03/02 Rpt engros - 1st rdg - to 2nd rdg as amen 03/05 2nd rdg - to 3rd rdg as amen 03/06 3rd rdg as amen - PASSED - 33-2-0 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- Cameron, Goedde Absent and excused -- None Floor Sponsor - Hill Title apvd - to House 03/07 House intro - 1st rdg - to Transp 03/15 Rpt out - to Gen Ord Rpt out amen - to 1st rdg as amen 03/16 1st rdg - to 2nd rdg as amen 03/19 2nd rdg - to 3rd rdg as amen 03/20 3rd rdg as amen - PASSED - 66-1-3 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chew, Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35) NAYS -- Smith(30) Absent and excused -- Chavez, Kren, Mr. Speaker Floor Sponsors - Wood(35) & Ringo Title apvd - to Senate 03/21 Senate concurred in House amens - to engros Rpt engros - 1st rdg - to 2nd rdg as amen 03/22 2nd rdg - to 3rd rdg as amen Rls susp - PASSED - 33-2-0 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- Cameron, Goedde Absent and excused -- None Floor Sponsor - Hill Title apvd - to enrol 03/23 Rpt enrol - Pres signed 03/26 Sp signed - To Governor 03/30 Governor signed Session Law Chapter 307 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1126 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLE LIABILITY; AMENDING SECTION 49-1212, IDAHO CODE, TO 3 REQUIRE THAT A MINIMUM LEVEL OF MOTOR VEHICLE LIABILITY COVERAGE BE PRO- 4 VIDED TO CERTAIN PERSONS; AND AMENDING SECTION 49-2417, IDAHO CODE, TO 5 REVISE LIABILITY PROVISIONS RELATING TO LIABILITY FOR IMPUTED NEGLIGENCE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 49-1212, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 49-1212. EXPRESSED, PERMITTED AND IMPLIED PROVISIONS OF MOTOR VEHICLE 10 LIABILITY POLICY. (1) An owner's policy of liability insurance shall: 11 (a) Designate by explicit description or by appropriate reference all 12 motor vehicles with respect to which coverage is to be granted; and 13 (b) Insure the person named therein and any other person, as insured, 14 using any such described motor vehicles with the express or implied per- 15 mission of the named insured, against loss from the liability imposed by 16 law for damages arising out of the ownership, maintenance or use of the 17 motor vehicles within the United States of America or the Dominion of Can- 18 ada, subject to limits exclusive of interest and costs, with respect to 19 each motor vehicle, as provided in section 49-117, Idaho Code. 20 (2) An operator's policy of liability insurance shall insure the person 21 named as insured therein against loss from the liability imposed upon him by 22 law for damages arising out of the use by him of any motor vehicle not owned 23 by him, within the same territorial limits and subject to the same limits of 24 liability as are set forth in subsection (1) of this section with respect to 25 an owner's policy of liability insurance. 26 (3) A motor vehicle liability policy shall state the name and address of 27 the named insured, the coverage afforded by the policy, the premium charged 28 therefor, the policy period and the limits of liability, and shall contain an 29 agreement or be indorsed that insurance is provided in accordance with the 30 coverage defined in this chapter as respects bodily injury and death or prop- 31 erty damage, or both, and is subject to all the provisions of this chapter. 32 (4) A motor vehicle liability policy shall not insure any liability under 33 any worker's compensation law as provided in title 72, Idaho Code, nor any 34 liability on account of bodily injury to or death of an employee of the 35 insured while engaged in the employment, other than domestic, of the insured, 36 or while engaged in the operation, maintenance or repair of any described 37 motor vehicle nor any liability for damage to property owned by, rented to, in 38 charge of or transported by the insured. 39 (5) Every motor vehicle liability policy shall be subject to the follow- 40 ing provisions which need not be contained therein: 41 (a) The policy may not be canceled or annulled as to any liability by any 42 agreement between the insurance carrier and the insured after the occur- 43 rence of any injury or damage covered by the motor vehicle liability pol- 2 1 icy. 2 (b) Satisfaction by the insured of a judgment for injury or damage shall 3 not be a condition precedent to the right or duty of the insurance carrier 4 to make payment on account of the injury or damage. 5 (c) The insurance carrier shall have the right to settle any claim cov- 6 ered by the policy, and if the settlement is made in good faith, the 7 amount shall be deductible from the limits of liability specified in sub- 8 section (1)(b) of this section. 9 (d) The policy and its written application, if any, and any rider or 10 indorsement which does not conflict with the provisions of this chapter 11 shall constitute the entire contract between the parties. 12 (6) Any policy which grants the coverage required for a motor vehicle 13 liability policy may also grant any lawful coverage in excess of or in addi- 14 tion to the coverage specified for a motor vehicle liability policy, and any 15 excess or additional coverage shall not be subject to the provisions of this 16 chapter. With respect to a policy which grants an excess of additional cover- 17 age the term "motor vehicle liability policy" shall apply only to that part of 18 the coverage which is required by this section. 19 (7) Any motor vehicle liability policy may provide that the insured shall 20 reimburse the insurance carrier for any payment the insurance carrier would 21 not have been obligated to make under the terms of the policy except for the 22 provisions of this chapter. 23 (8) Any motor vehicle liability policy may provide for the prorating of 24 the insurance with other valid and collectible insurance. 25 (9) The requirements for a motor vehicle liability policy may be ful- 26 filled by the policies of one (1) or more insurance carriers which policies 27 together meet the requirements of this chapter. 28 (10) Any binder issued pending the issuance of a motor vehicle liability 29 policy shall be deemed to fulfill the requirements for such a policy. 30 (11) When the negligent operation of a loaned vehicle results in the death 31 or injury to a person or personal property, except for the loaned vehicle, and 32 at the time of the negligent operation of the loaned vehicle the operator of 33 the loaned vehicle is insured under a motor vehicle liability policy complying 34 with the financial responsibility law of this state, primary coverage for the 35 death of or injury to a person or personal property, except for the loaned 36 vehicle, shall be provided by the operator's motor vehicle liability policy. 37 The insurance policy of the owner of the loaned vehicle shall provide second- 38 ary or excess coverage for the death of or injury to a person or personal 39 property, however the loaned vehicle owner's insurance shall provide primary 40 coverage for damage to the loaned vehicle. 41 (a) For the purpose of this subsection, "loaned vehicle" means a motor 42 vehicle which is provided for temporary use without charge to the operator 43 by an entity licensed under chapter 16, title 49, Idaho Code, for the pur- 44 pose of demonstrating the vehicle to the operator as a prospective pur- 45 chaser, or as a convenience to the operator during the repairing or ser- 46 vicing of a motor vehicle for the operator, regardless of whether such 47 repair or service is performed by the owner of the loaned vehicle or by 48 some other person or business. 49 (b) Should the owner of a motor vehicle receive any compensation from or 50 on behalf of the operator for the temporary use of the motor vehicle, 51 excluding any compensation provided to the owner as a result of the 52 repairing or servicing of a motor vehicle for the operator, the owner's 53 insurance coverage shall be primary and the operator's motor vehicle 54 insurance shall be secondary or excess. 55 (12) No motor vehicle liability policy providing coverage beyond state 3 1 mandated minimum limits shall provide a reduced level of coverage to any 2 insured's family or household member or other authorized user. 3 SECTION 2. That Section 49-2417, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 49-2417. OWNER'S TORT LIABILITY FOR NEGLIGENCE OF ANOTHER -- SUBROGATION. 6 (1) Every owner of a motor vehicle is liable and responsible for the death of 7 or injury to a person or property resulting from negligence in the operation 8 of his motor vehicle, in the business of the owner or otherwise, by any person 9 using or operating the vehicle with the permission, expressed or implied, of 10 the owner, and the negligence of the person shall be imputed to the owner for 11 all purposes of civil damages. 12 (2) The liability of an owner for imputed negligence imposed by the pro- 13 visions of this section and not arising through the relationship of principal 14 and agent or master and servant is limited to the amounts set forth under 15 "proof of financial responsibility" in section 49-117, Idaho Code, or the lim- 16 its of the liability insurance maintained by the owner, whichever is greater. 17 (3) In any action against an owner for imputed negligence as imposed by 18 the provisions of this section the operator of the vehicle whose negligence is 19 imputed to the owner shall be made a defendant party if personal service of 20 process can be had upon that operator within Idaho. Upon recovery of a judg- 21 ment, recourse shall first be had against the property of the operator so 22 served. 23 (4) In the event a recovery is had under the provisions of this section 24 against an owner for imputed negligence the owner is subrogated to all the 25 rights of the person injured and may recover from the operator the total 26 amount of any judgment and costs recovered against the owner. If the bailee of 27 an owner with the permission, expressed or implied, of the owner, permits 28 another to operate the motor vehicle of the owner, then the bailee and the 29 driver shall both be deemed operators of the vehicle of the owner, within the 30 meaning of subsections (3) and (4) of this section. 31 (5) Where two (2) or more persons are injured or killed in one (1) acci- 32 dent, the owner may settle or pay any bona fide claim for damages arising out 33 of personal injuries or death, whether reduced to a judgment or not, and the 34 payments shall diminish to the extent of the owners' total liability on 35 account of the accident. Payments so made, aggregating the full sum of fifty 36 thousand dollars ($50,000), shall extinguish all liability of the owner here- 37 under to the claimants and all other persons on account of the accident. Lia- 38 bility may exist by reason of imputed negligence, pursuant to this section, 39 and not arising through the negligence of the owner nor through the relation- 40 ship of principal and agent nor master and servant. 41 (6) If a motor vehicle is sold under a contract of conditional sale 42 whereby the title to the motor vehicle remains in the vendor, the vendor or 43 his assignee shall be deemed an owner within the provisions of this section.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007Moved by Moyle Seconded by Denney IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1126, As Amended 1 AMENDMENT TO SECTION 2 2 On page 3 of the engrossed bill, following line 44, insert: 3 "(7) An owner that rents or leases a motor vehicle to a person shall not 4 be liable under the laws of the state of Idaho or a political subdivision 5 thereof, by reason of being the owner of the vehicle, for harm to persons or 6 property that results or arises out of the use, operation, or possession of 7 the vehicle during the period of the rental or lease if: 8 (a) The owner is engaged in the trade or business of renting or leasing 9 motor vehicles; and 10 (b) There is no negligence or criminal wrongdoing on the part of the 11 owner.". 12 CORRECTION TO TITLE 13 On page 1, in line 5, following "NEGLIGENCE" insert: "AND TO PROVIDE NON- 14 LIABILITY TO THE OWNER THAT RENTS OR LEASES A MOTOR VEHICLE TO A PERSON UNDER 15 CERTAIN CIRCUMSTANCES". 2 Moved by Broadsword Seconded by Bilyeu IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1126 1 AMENDMENT TO SECTION 1 2 On page 3 of the printed bill, in line 2, following "user" insert: "except 3 as provided in section 41-2510, Idaho Code".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1126, As Amended, As Amended in the House BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLE LIABILITY; AMENDING SECTION 49-1212, IDAHO CODE, TO 3 REQUIRE THAT A MINIMUM LEVEL OF MOTOR VEHICLE LIABILITY COVERAGE BE PRO- 4 VIDED TO CERTAIN PERSONS; AND AMENDING SECTION 49-2417, IDAHO CODE, TO 5 REVISE LIABILITY PROVISIONS RELATING TO LIABILITY FOR IMPUTED NEGLIGENCE 6 AND TO PROVIDE NONLIABILITY TO THE OWNER THAT RENTS OR LEASES A MOTOR 7 VEHICLE TO A PERSON UNDER CERTAIN CIRCUMSTANCES. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 49-1212, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 49-1212. EXPRESSED, PERMITTED AND IMPLIED PROVISIONS OF MOTOR VEHICLE 12 LIABILITY POLICY. (1) An owner's policy of liability insurance shall: 13 (a) Designate by explicit description or by appropriate reference all 14 motor vehicles with respect to which coverage is to be granted; and 15 (b) Insure the person named therein and any other person, as insured, 16 using any such described motor vehicles with the express or implied per- 17 mission of the named insured, against loss from the liability imposed by 18 law for damages arising out of the ownership, maintenance or use of the 19 motor vehicles within the United States of America or the Dominion of Can- 20 ada, subject to limits exclusive of interest and costs, with respect to 21 each motor vehicle, as provided in section 49-117, Idaho Code. 22 (2) An operator's policy of liability insurance shall insure the person 23 named as insured therein against loss from the liability imposed upon him by 24 law for damages arising out of the use by him of any motor vehicle not owned 25 by him, within the same territorial limits and subject to the same limits of 26 liability as are set forth in subsection (1) of this section with respect to 27 an owner's policy of liability insurance. 28 (3) A motor vehicle liability policy shall state the name and address of 29 the named insured, the coverage afforded by the policy, the premium charged 30 therefor, the policy period and the limits of liability, and shall contain an 31 agreement or be indorsed that insurance is provided in accordance with the 32 coverage defined in this chapter as respects bodily injury and death or prop- 33 erty damage, or both, and is subject to all the provisions of this chapter. 34 (4) A motor vehicle liability policy shall not insure any liability under 35 any worker's compensation law as provided in title 72, Idaho Code, nor any 36 liability on account of bodily injury to or death of an employee of the 37 insured while engaged in the employment, other than domestic, of the insured, 38 or while engaged in the operation, maintenance or repair of any described 39 motor vehicle nor any liability for damage to property owned by, rented to, in 40 charge of or transported by the insured. 41 (5) Every motor vehicle liability policy shall be subject to the follow- 42 ing provisions which need not be contained therein: 43 (a) The policy may not be canceled or annulled as to any liability by any 2 1 agreement between the insurance carrier and the insured after the occur- 2 rence of any injury or damage covered by the motor vehicle liability pol- 3 icy. 4 (b) Satisfaction by the insured of a judgment for injury or damage shall 5 not be a condition precedent to the right or duty of the insurance carrier 6 to make payment on account of the injury or damage. 7 (c) The insurance carrier shall have the right to settle any claim cov- 8 ered by the policy, and if the settlement is made in good faith, the 9 amount shall be deductible from the limits of liability specified in sub- 10 section (1)(b) of this section. 11 (d) The policy and its written application, if any, and any rider or 12 indorsement which does not conflict with the provisions of this chapter 13 shall constitute the entire contract between the parties. 14 (6) Any policy which grants the coverage required for a motor vehicle 15 liability policy may also grant any lawful coverage in excess of or in addi- 16 tion to the coverage specified for a motor vehicle liability policy, and any 17 excess or additional coverage shall not be subject to the provisions of this 18 chapter. With respect to a policy which grants an excess of additional cover- 19 age the term "motor vehicle liability policy" shall apply only to that part of 20 the coverage which is required by this section. 21 (7) Any motor vehicle liability policy may provide that the insured shall 22 reimburse the insurance carrier for any payment the insurance carrier would 23 not have been obligated to make under the terms of the policy except for the 24 provisions of this chapter. 25 (8) Any motor vehicle liability policy may provide for the prorating of 26 the insurance with other valid and collectible insurance. 27 (9) The requirements for a motor vehicle liability policy may be ful- 28 filled by the policies of one (1) or more insurance carriers which policies 29 together meet the requirements of this chapter. 30 (10) Any binder issued pending the issuance of a motor vehicle liability 31 policy shall be deemed to fulfill the requirements for such a policy. 32 (11) When the negligent operation of a loaned vehicle results in the death 33 or injury to a person or personal property, except for the loaned vehicle, and 34 at the time of the negligent operation of the loaned vehicle the operator of 35 the loaned vehicle is insured under a motor vehicle liability policy complying 36 with the financial responsibility law of this state, primary coverage for the 37 death of or injury to a person or personal property, except for the loaned 38 vehicle, shall be provided by the operator's motor vehicle liability policy. 39 The insurance policy of the owner of the loaned vehicle shall provide second- 40 ary or excess coverage for the death of or injury to a person or personal 41 property, however the loaned vehicle owner's insurance shall provide primary 42 coverage for damage to the loaned vehicle. 43 (a) For the purpose of this subsection, "loaned vehicle" means a motor 44 vehicle which is provided for temporary use without charge to the operator 45 by an entity licensed under chapter 16, title 49, Idaho Code, for the pur- 46 pose of demonstrating the vehicle to the operator as a prospective pur- 47 chaser, or as a convenience to the operator during the repairing or ser- 48 vicing of a motor vehicle for the operator, regardless of whether such 49 repair or service is performed by the owner of the loaned vehicle or by 50 some other person or business. 51 (b) Should the owner of a motor vehicle receive any compensation from or 52 on behalf of the operator for the temporary use of the motor vehicle, 53 excluding any compensation provided to the owner as a result of the 54 repairing or servicing of a motor vehicle for the operator, the owner's 55 insurance coverage shall be primary and the operator's motor vehicle 3 1 insurance shall be secondary or excess. 2 (12) No motor vehicle liability policy providing coverage beyond state 3 mandated minimum limits shall provide a reduced level of coverage to any 4 insured's family or household member or other authorized user except as pro- 5 vided in section 41-2510, Idaho Code. 6 SECTION 2. That Section 49-2417, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 49-2417. OWNER'S TORT LIABILITY FOR NEGLIGENCE OF ANOTHER -- SUBROGATION. 9 (1) Every owner of a motor vehicle is liable and responsible for the death of 10 or injury to a person or property resulting from negligence in the operation 11 of his motor vehicle, in the business of the owner or otherwise, by any person 12 using or operating the vehicle with the permission, expressed or implied, of 13 the owner, and the negligence of the person shall be imputed to the owner for 14 all purposes of civil damages. 15 (2) The liability of an owner for imputed negligence imposed by the pro- 16 visions of this section and not arising through the relationship of principal 17 and agent or master and servant is limited to the amounts set forth under 18 "proof of financial responsibility" in section 49-117, Idaho Code, or the lim- 19 its of the liability insurance maintained by the owner, whichever is greater. 20 (3) In any action against an owner for imputed negligence as imposed by 21 the provisions of this section the operator of the vehicle whose negligence is 22 imputed to the owner shall be made a defendant party if personal service of 23 process can be had upon that operator within Idaho. Upon recovery of a judg- 24 ment, recourse shall first be had against the property of the operator so 25 served. 26 (4) In the event a recovery is had under the provisions of this section 27 against an owner for imputed negligence the owner is subrogated to all the 28 rights of the person injured and may recover from the operator the total 29 amount of any judgment and costs recovered against the owner. If the bailee of 30 an owner with the permission, expressed or implied, of the owner, permits 31 another to operate the motor vehicle of the owner, then the bailee and the 32 driver shall both be deemed operators of the vehicle of the owner, within the 33 meaning of subsections (3) and (4) of this section. 34 (5) Where two (2) or more persons are injured or killed in one (1) acci- 35 dent, the owner may settle or pay any bona fide claim for damages arising out 36 of personal injuries or death, whether reduced to a judgment or not, and the 37 payments shall diminish to the extent of the owners' total liability on 38 account of the accident. Payments so made, aggregating the full sum of fifty 39 thousand dollars ($50,000), shall extinguish all liability of the owner here- 40 under to the claimants and all other persons on account of the accident. Lia- 41 bility may exist by reason of imputed negligence, pursuant to this section, 42 and not arising through the negligence of the owner nor through the relation- 43 ship of principal and agent nor master and servant. 44 (6) If a motor vehicle is sold under a contract of conditional sale 45 whereby the title to the motor vehicle remains in the vendor, the vendor or 46 his assignee shall be deemed an owner within the provisions of this section. 47 (7) An owner that rents or leases a motor vehicle to a person shall not 48 be liable under the laws of the state of Idaho or a political subdivision 49 thereof, by reason of being the owner of the vehicle, for harm to persons or 50 property that results or arises out of the use, operation, or possession of 51 the vehicle during the period of the rental or lease if: 52 (a) The owner is engaged in the trade or business of renting or leasing 53 motor vehicles; and 4 1 (b) There is no negligence or criminal wrongdoing on the part of the 2 owner. 5 IN THE SENATE SENATE BILL NO. 1126, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLE LIABILITY; AMENDING SECTION 49-1212, IDAHO CODE, TO 3 REQUIRE THAT A MINIMUM LEVEL OF MOTOR VEHICLE LIABILITY COVERAGE BE PRO- 4 VIDED TO CERTAIN PERSONS; AND AMENDING SECTION 49-2417, IDAHO CODE, TO 5 REVISE LIABILITY PROVISIONS RELATING TO LIABILITY FOR IMPUTED NEGLIGENCE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 3. That Section 49-1212, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 49-1212. EXPRESSED, PERMITTED AND IMPLIED PROVISIONS OF MOTOR VEHICLE 10 LIABILITY POLICY. (1) An owner's policy of liability insurance shall: 11 (a) Designate by explicit description or by appropriate reference all 12 motor vehicles with respect to which coverage is to be granted; and 13 (b) Insure the person named therein and any other person, as insured, 14 using any such described motor vehicles with the express or implied per- 15 mission of the named insured, against loss from the liability imposed by 16 law for damages arising out of the ownership, maintenance or use of the 17 motor vehicles within the United States of America or the Dominion of Can- 18 ada, subject to limits exclusive of interest and costs, with respect to 19 each motor vehicle, as provided in section 49-117, Idaho Code. 20 (2) An operator's policy of liability insurance shall insure the person 21 named as insured therein against loss from the liability imposed upon him by 22 law for damages arising out of the use by him of any motor vehicle not owned 23 by him, within the same territorial limits and subject to the same limits of 24 liability as are set forth in subsection (1) of this section with respect to 25 an owner's policy of liability insurance. 26 (3) A motor vehicle liability policy shall state the name and address of 27 the named insured, the coverage afforded by the policy, the premium charged 28 therefor, the policy period and the limits of liability, and shall contain an 29 agreement or be indorsed that insurance is provided in accordance with the 30 coverage defined in this chapter as respects bodily injury and death or prop- 31 erty damage, or both, and is subject to all the provisions of this chapter. 32 (4) A motor vehicle liability policy shall not insure any liability under 33 any worker's compensation law as provided in title 72, Idaho Code, nor any 34 liability on account of bodily injury to or death of an employee of the 35 insured while engaged in the employment, other than domestic, of the insured, 36 or while engaged in the operation, maintenance or repair of any described 37 motor vehicle nor any liability for damage to property owned by, rented to, in 38 charge of or transported by the insured. 39 (5) Every motor vehicle liability policy shall be subject to the follow- 40 ing provisions which need not be contained therein: 41 (a) The policy may not be canceled or annulled as to any liability by any 42 agreement between the insurance carrier and the insured after the occur- 43 rence of any injury or damage covered by the motor vehicle liability pol- 44 icy. 45 (b) Satisfaction by the insured of a judgment for injury or damage shall 46 not be a condition precedent to the right or duty of the insurance carrier 6 1 to make payment on account of the injury or damage. 2 (c) The insurance carrier shall have the right to settle any claim cov- 3 ered by the policy, and if the settlement is made in good faith, the 4 amount shall be deductible from the limits of liability specified in sub- 5 section (1)(b) of this section. 6 (d) The policy and its written application, if any, and any rider or 7 indorsement which does not conflict with the provisions of this chapter 8 shall constitute the entire contract between the parties. 9 (6) Any policy which grants the coverage required for a motor vehicle 10 liability policy may also grant any lawful coverage in excess of or in addi- 11 tion to the coverage specified for a motor vehicle liability policy, and any 12 excess or additional coverage shall not be subject to the provisions of this 13 chapter. With respect to a policy which grants an excess of additional cover- 14 age the term "motor vehicle liability policy" shall apply only to that part of 15 the coverage which is required by this section. 16 (7) Any motor vehicle liability policy may provide that the insured shall 17 reimburse the insurance carrier for any payment the insurance carrier would 18 not have been obligated to make under the terms of the policy except for the 19 provisions of this chapter. 20 (8) Any motor vehicle liability policy may provide for the prorating of 21 the insurance with other valid and collectible insurance. 22 (9) The requirements for a motor vehicle liability policy may be ful- 23 filled by the policies of one (1) or more insurance carriers which policies 24 together meet the requirements of this chapter. 25 (10) Any binder issued pending the issuance of a motor vehicle liability 26 policy shall be deemed to fulfill the requirements for such a policy. 27 (11) When the negligent operation of a loaned vehicle results in the death 28 or injury to a person or personal property, except for the loaned vehicle, and 29 at the time of the negligent operation of the loaned vehicle the operator of 30 the loaned vehicle is insured under a motor vehicle liability policy complying 31 with the financial responsibility law of this state, primary coverage for the 32 death of or injury to a person or personal property, except for the loaned 33 vehicle, shall be provided by the operator's motor vehicle liability policy. 34 The insurance policy of the owner of the loaned vehicle shall provide second- 35 ary or excess coverage for the death of or injury to a person or personal 36 property, however the loaned vehicle owner's insurance shall provide primary 37 coverage for damage to the loaned vehicle. 38 (a) For the purpose of this subsection, "loaned vehicle" means a motor 39 vehicle which is provided for temporary use without charge to the operator 40 by an entity licensed under chapter 16, title 49, Idaho Code, for the pur- 41 pose of demonstrating the vehicle to the operator as a prospective pur- 42 chaser, or as a convenience to the operator during the repairing or ser- 43 vicing of a motor vehicle for the operator, regardless of whether such 44 repair or service is performed by the owner of the loaned vehicle or by 45 some other person or business. 46 (b) Should the owner of a motor vehicle receive any compensation from or 47 on behalf of the operator for the temporary use of the motor vehicle, 48 excluding any compensation provided to the owner as a result of the 49 repairing or servicing of a motor vehicle for the operator, the owner's 50 insurance coverage shall be primary and the operator's motor vehicle 51 insurance shall be secondary or excess. 52 (12) No motor vehicle liability policy providing coverage beyond state 53 mandated minimum limits shall provide a reduced level of coverage to any 54 insured's family or household member or other authorized user except as pro- 55 vided in section 41-2510, Idaho Code. 7 1 SECTION 4. That Section 49-2417, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 49-2417. OWNER'S TORT LIABILITY FOR NEGLIGENCE OF ANOTHER -- SUBROGATION. 4 (1) Every owner of a motor vehicle is liable and responsible for the death of 5 or injury to a person or property resulting from negligence in the operation 6 of his motor vehicle, in the business of the owner or otherwise, by any person 7 using or operating the vehicle with the permission, expressed or implied, of 8 the owner, and the negligence of the person shall be imputed to the owner for 9 all purposes of civil damages. 10 (2) The liability of an owner for imputed negligence imposed by the pro- 11 visions of this section and not arising through the relationship of principal 12 and agent or master and servant is limited to the amounts set forth under 13 "proof of financial responsibility" in section 49-117, Idaho Code, or the lim- 14 its of the liability insurance maintained by the owner, whichever is greater. 15 (3) In any action against an owner for imputed negligence as imposed by 16 the provisions of this section the operator of the vehicle whose negligence is 17 imputed to the owner shall be made a defendant party if personal service of 18 process can be had upon that operator within Idaho. Upon recovery of a judg- 19 ment, recourse shall first be had against the property of the operator so 20 served. 21 (4) In the event a recovery is had under the provisions of this section 22 against an owner for imputed negligence the owner is subrogated to all the 23 rights of the person injured and may recover from the operator the total 24 amount of any judgment and costs recovered against the owner. If the bailee of 25 an owner with the permission, expressed or implied, of the owner, permits 26 another to operate the motor vehicle of the owner, then the bailee and the 27 driver shall both be deemed operators of the vehicle of the owner, within the 28 meaning of subsections (3) and (4) of this section. 29 (5) Where two (2) or more persons are injured or killed in one (1) acci- 30 dent, the owner may settle or pay any bona fide claim for damages arising out 31 of personal injuries or death, whether reduced to a judgment or not, and the 32 payments shall diminish to the extent of the owners' total liability on 33 account of the accident. Payments so made, aggregating the full sum of fifty 34 thousand dollars ($50,000), shall extinguish all liability of the owner here- 35 under to the claimants and all other persons on account of the accident. Lia- 36 bility may exist by reason of imputed negligence, pursuant to this section, 37 and not arising through the negligence of the owner nor through the relation- 38 ship of principal and agent nor master and servant. 39 (6) If a motor vehicle is sold under a contract of conditional sale 40 whereby the title to the motor vehicle remains in the vendor, the vendor or 41 his assignee shall be deemed an owner within the provisions of this section.
STATEMENT OF PURPOSE RS 16843 This bill is one of a series proposed to modernize and streamline judicial and legal proceedings in automobile insurance litigation. These revisions to current law allow insureds to make claims against insurance policy amounts for which premiums have been collected. This protects family members, passengers and authorized users of the insured person's vehicle. FISCAL NOTE This bill will have no fiscal impact. Contact Name: Senator Brent Hill Phone: 332-1315 Barbara Jorden Phone: 345-1890 STATEMENT OF PURPOSE/FISCAL NOTE S 1126