2007 Legislation
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HOUSE BILL NO. 255 – MV, underinsured motorist

HOUSE BILL NO. 255

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Bill Status



H0255......................................................by STATE AFFAIRS
MOTOR VEHICLES - UNDERINSURED MOTORIST - Amends existing law to require
personal lines insurers to make certain disclosures relating to
underinsured motorist coverage; and to provide for violations and
penalties.
                                                                        
03/01    House intro - 1st rdg - to printing
03/02    Rpt prt - to Bus
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ring, Ringo, Ruchti, Rusche, Sayler, Shepherd(2), Shepherd(8),
      Shirley, Shively, Smith(30), Snodgrass, Stevenson, Thayn, Trail,
      Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Moyle, Roberts, Schaefer, Smith(24)
    Floor Sponsor - Mathews
    Title apvd - to Senate
03/09    Senate intro - 1st rdg - to Com/HuRes

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 255
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO AUTOMOBILE INSURANCE; AMENDING SECTION  41-2502,  IDAHO  CODE,  TO
  3        REQUIRE  PERSONAL  LINES  INSURERS TO MAKE CERTAIN DISCLOSURES RELATING TO
  4        COVERAGE, TO PROVIDE FOR VIOLATIONS AND PENALTIES AND TO CLARIFY  APPLICA-
  5        BILITY;  AND  AMENDING SECTION 41-2503, IDAHO CODE, TO REVISE A DEFINITION
  6        AND TO DEFINE A TERM.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 41-2502, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        41-2502.  UNINSURED  MOTORIST  COVERAGE  FOR  AUTOMOBILE INSURANCE. (1) No
 11    policy insuring against loss resulting  from  liability  imposed  by  law  for
 12    bodily  injury or death suffered by any natural person arising out of the own-
 13    ership, maintenance or use of a motor vehicle shall be delivered or issued for
 14    delivery in this state with respect to any motor vehicle registered or princi-
 15    pally garaged in this state unless coverage is provided therein or  supplemen-
 16    tal  thereto,  in  limits  for  bodily injury or death as set forth in section
 17    49-117, Idaho Code, as amended from time to time, under provisions approved by
 18    the director of the department of insurance, for  the  protection  of  persons
 19    insured  thereunder who are legally entitled to recover damages from owners or
 20    operators of uninsured motor vehicles because of bodily  injury,  sickness  or
 21    disease,  including  death, resulting therefrom.  The named insured shall have
 22    the right to reject such coverage, which rejection must  be  in  writing;  and
 23    provided  further,  such coverage need not be provided in or supplemental to a
 24    renewal policy where the named insured had rejected the coverage in connection
 25    with a policy previously issued to him by the same insurer.
 26        (2)  A personal lines insurer subject to the provisions  of  this  chapter
 27    that does not write or sell an underinsured motorist policy in Idaho must dis-
 28    close to a policyholder purchasing motor vehicle liability insurance from that
 29    insurer for the first time in this state that uninsured motorist coverage does
 30    not provide coverage as the result of a collision with an underinsured vehicle
 31    as defined in section 41-2503, Idaho Code.
 32        (3)  Each  violation  of  this  section in addition to any applicable pre-
 33    scribed denial, suspension  or  revocation  of  certificate  of  authority  or
 34    license  shall be punishable by an administrative penalty of not more than one
 35    thousand dollars ($1,000) for any individual or natural person  and  not  more
 36    than  five thousand dollars ($5,000) for any other legal entity imposed by the
 37    director. Each instance of violation may be considered a separate offense.
 38        (4)  Nothing in this chapter shall be construed to create a private  right
 39    of action for violations of the provisions of this section.
                                                                        
 40        SECTION  2.  That  Section 41-2503, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
                                       2
                                                                        
  1        41-2503.  "UNINSURED MOTOR VEHICLE" --  "UNDERINSURED  MOTOR  VEHICLE"  --
  2    DEFINED.  (1)  For  the  purposes  of this coverage, "uninsured motor vehicle"
  3    means a motor vehicle for which there is no bodily injury liability policy, or
  4    bond, in effect at the time of a collision. Tthe term "uninsured  motor  vehi-
  5    cle" shall, subject to the terms and conditions of such coverage, be deemed to
  6    include an insured motor vehicle where the liability insurer thereof is unable
  7    to  make payment with respect to the legal liability of its insured within the
  8    limits specified therein because of insolvency.
  9        (2)  For purposes of section 41-2502, Idaho Code, an  "underinsured  motor
 10    vehicle"  means a motor vehicle for which a bodily injury liability protection
 11    is in effect and applicable at the time of the collision in an amount equal to
 12    or greater than the minimum limits specified by the  financial  responsibility
 13    laws  of Idaho, but the sum of all applicable limits for bodily injury is less
 14    than the coverage limit for underinsured motorist coverage.

Statement of Purpose / Fiscal Impact


                                
                      STATEMENT OF PURPOSE

                            RS 17105
                                
This legislation amends title 41 section 2502 of the Idaho Code
to require personal lines automobile insurers to make certain
disclosures relating to underinsured motorist coverage and to
clarify violation and penalties for unlawful non-disclosure. 
                                             


                          FISCAL NOTE

There is no fiscal impact to the General Fund.





Contact
Name: Rep. Russ Mathews 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 255