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S1125................................................by JUDICIARY AND RULES
MOTOR VEHICLE INSURANCE - Amends existing law relating to motor vehicle
insurance to reference underinsured motorist coverage; to revise the
definition of "uninsured motor vehicle"; and to define "underinsured motor
vehicle."
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Com/HuRes
03/02 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/06 3rd rdg - 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
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 63-2-5
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Henbest,
Henderson, Jaquet, Killen, King, Labrador, 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(30), Smith(24), Snodgrass, Stevenson, Thayn,
Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Black, Vander Woude
Absent and excused -- Chavez, Harwood, Kren, Lake, Trail
Floor Sponsors - Wood(35) & Ringo
Title apvd - to Senate
03/20 To enrol
03/21 Rpt enrol - Pres signed - Sp signed
03/22 To Governor
03/23 Governor VETOED
03/28 Senate ret'd to Com/HuRes
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1125
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO AUTOMOBILE INSURANCE; AMENDING SECTION 41-2502, IDAHO CODE, TO
3 REFERENCE UNDERINSURED MOTORIST COVERAGE; AND AMENDING SECTION 41-2503,
4 IDAHO CODE, TO REVISE THE DEFINITION OF "UNINSURED MOTOR VEHICLE" AND TO
5 DEFINE "UNDERINSURED MOTOR VEHICLE."
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 41-2502, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 41-2502. UNINSURED AND UNDERINSURED MOTORIST COVERAGE FOR AUTOMOBILE
10 INSURANCE. No policy insuring against loss resulting from liability imposed by
11 law for bodily injury or death suffered by any natural person arising out of
12 the ownership, maintenance or use of a motor vehicle shall be delivered or
13 issued for delivery in this state with respect to any motor vehicle registered
14 or principally garaged in this state unless coverage is provided therein or
15 supplemental thereto, in limits for bodily injury or death as set forth in
16 section 49-117, Idaho Code, as amended from time to time, under provisions
17 approved by the director of the department of insurance, for the protection of
18 persons insured thereunder who are legally entitled to recover damages from
19 owners or operators of uninsured and underinsured motor vehicles because of
20 bodily injury, sickness or disease, including death, resulting therefrom. The
21 named insured shall have the right to reject such coverage, which rejection
22 must be in writing; and provided further, such coverage need not be provided
23 in or supplemental to a renewal policy where the named insured had rejected
24 the coverage in connection with a policy previously issued to him by the same
25 insurer.
26 SECTION 2. That Section 41-2503, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 41-2503. "UNINSURED MOTOR VEHICLE" AND "UNDERINSURED MOTOR VEHICLE"
29 DEFINED. For the purposes of this coverage, (1) "Uninsured motor vehicle"
30 means a motor vehicle for which there is no bodily injury liability policy, or
31 bond, in effect at the time of a collision. Tthe term "uninsured motor vehi-
32 cle" shall, subject to the terms and conditions of such coverage, be deemed to
33 include an insured motor vehicle where the liability insurer thereof is unable
34 to make payment with respect to the legal liability of its insured within the
35 limits specified therein because of insolvency.
36 (2) "Underinsured motor vehicle" means a motor vehicle for which there is
37 a bodily injury liability policy, or bond, in effect at the time of a colli-
38 sion, but the coverage limit of the applicable bodily injury policy, or bond,
39 is insufficient to satisfy the legal liability of the tortfeasor. Underinsured
40 motor vehicle coverage is excess coverage in addition to the insufficient cov-
41 erage of the tortfeasor and such underinsured motor vehicle coverage limits
2
1 may not be reduced by amounts paid by the tortfeasor's coverage or any other
2 coverage. Provided however, the injured person may not have a right under the
3 policy to payment pursuant to the underinsured motor vehicle coverage that
4 would provide recovery of an amount greater than the total legal liability of
5 the tortfeasor or the applicable limits of the underinsured coverage, which-
6 ever is the lesser.
STATEMENT OF PURPOSE
RS 16842
This bill is one of a series proposed to modernize and
streamline judicial and legal proceedings in automobile insurance
litigation. Idaho is one of the few states that does not require
insurance companies to offer under-insured motorists coverage.
This statute makes sure that Idaho drivers have the chance to
decide if they want such coverage.
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 1125