2. From January 1, 2010, to December 31, 2016, $50,000 for bodily injury to or
death of one person, $100,000 for bodily injury to or death of more than one person,
and $15,000 for property damage.
3. After December 31, 2016, the limits specified in item 2., above, adjusted for
inflation and published by DOT.
This substitute amendment restores former law by decreasing the minimum
limits required under a policy that is acceptable proof of financial responsibility to
the limits applicable before the biennial budget act: $25,000 for bodily injury to or
death of one person, $50,000 for bodily injury to or death of more than one person,
and $10,000 for property damage.
This substitute amendment does not eliminate the provisions of the biennial
budget act that, beginning June 1, 2010, prohibit a person from operating a motor
vehicle in this state unless the owner or operator has a motor vehicle liability
insurance policy in effect with respect to the motor vehicle. However, the substitute
amendment affects these provisions by reducing the required coverage from the
minimum limits specified in items 1. to 3., above, to the applicable minimum limits
for proof of financial responsibility under former law: $25,000 for bodily injury to or
death of one person, $50,000 for bodily injury to or death of more than one person,
and $10,000 for property damage.
Uninsured motorist and medical payments coverages
Under former law, all motor vehicle liability insurance policies were required
to include uninsured motorist coverage in limits of at least $25,000 per person and
$50,000 per accident and medical payments coverage in the amount of at least $1,000
per person. Uninsured motorist coverage provides coverage for persons who are
legally entitled to recover damages for bodily injury from owners or operators of
motor vehicles that are not insured. Medical payments coverage pays for medical or
chiropractic services provided to persons who are injured while using the insured
motor vehicle. Starting on November 1, 2009, as a result of provisions in the biennial
budget act, the level of uninsured motorist coverage that motor vehicle liability
insurance policies, except for those written by town mutuals, must include is
increased to $100,000 per person and $300,000 per accident and the level of medical
payments coverage that those policies must include is increased to $10,000. This
substitute amendment reinstates former law.
Underinsured motorist coverage
Former law did not require motor vehicle liability insurance policies to include
underinsured motorist coverage but required insurers to provide written notice of
the availability of that coverage to one insured under each policy written after
October 1, 1995, that did not include the coverage, as well as to one insured under
each motor vehicle liability insurance policy in effect on that date that did not include
the coverage. If an insured accepted underinsured motorist coverage after receiving
notice of its availability, the policy had to include the coverage in limits of at least
$50,000 per person and $100,000 per accident. Underinsured motorist coverage
provides coverage for persons who are legally entitled to recover damages for bodily
injury from owners or operators of underinsured motor vehicles. "Underinsured
motor vehicle" was not defined in the statutes.
The biennial budget act eliminated the requirement to provide notice of the
availability of underinsured motorist coverage and required, starting on November
1, 2009, every motor vehicle liability insurance policy, except for those written by
town mutuals, to include that coverage in limits of at least $100,000 per person and
$300,000 per accident. In addition, current law now defines an underinsured motor
vehicle as a motor vehicle that is involved in an accident with an insured and which,
at the time of the accident, was covered by a motor vehicle liability insurance policy
with limits that are less than the amount needed to fully compensate the insured for
his or her damages. The substitute amendment reinstates former law.
Umbrella and excess liability insurance policies
The Wisconsin Administrative Code exempts umbrella and excess liability
insurance policies from the requirement under the statutes that a policy covering
motor vehicle liability must include uninsured motorist coverage. Nothing in former
law, however, exempted an insurer writing umbrella or excess liability insurance
policies from the requirement in the statutes to provide notice of the availability of
underinsured motorist coverage.
Current law, as a result of provisions in the biennial budget act, requires an
insurer, except for a town mutual, that writes umbrella or excess liability policies
that cover motor vehicle liability to make a written offer of both uninsured motorist
coverage and underinsured motorist coverage whenever application is made for such
an umbrella or excess liability policy. Current law also requires an insurer to make
a written offer of uninsured motorist coverage at the first renewal after November
1, 2009, of such a policy that does not include that coverage and a written offer of
underinsured motorist coverage at the first renewal after November 1, 2009, of such
a policy that does not include that coverage. An applicant or insured may reject the
coverage, but must do so in writing. If an insurer fails to provide a required written
offer of uninsured or underinsured motorist coverage and the umbrella or excess
liability policy does not include the coverage, or coverages, for which an offer was not
given, a court must, on the request of the insured, reform the policy to include the
coverage or coverages with the same limits as the liability coverage limits under the
policy. The substitute amendment restores former law by eliminating the
requirement that an insurer writing an umbrella or excess liability policy make a
written offer of uninsured motorist coverage and underinsured motorist coverage.
Miscellaneous motor vehicle insurance provisions
Current law, as a result of provisions in the biennial budget act, makes a
number of formerly permissible provisions prohibited in a motor vehicle liability
insurance policy. The substitute amendment restores former law, making the
following provisions permissible in a motor vehicle liability insurance policy:
1. Providing that, regardless of the number of policies, persons, or vehicles
involved, the limits for any coverage under the policy may not be added to the limits
for similar coverage applying to other motor vehicles to determine an overall limit
of coverage available for a person in any one accident.
2. Providing that the maximum amount of uninsured or underinsured motorist
coverage available for bodily injury or death suffered by a person not using a motor
vehicle in an accident (such as a pedestrian) is the highest single limit of uninsured
or underinsured motorist coverage for any vehicle with respect to which the person
is insured at the time of the accident.
3. Providing that the maximum amount of medical payments coverage
available for bodily injury or death suffered by a person not using a motor vehicle in
an accident is the highest single limit of medical payments coverage for any vehicle
with respect to which the person is insured at the time of the accident.
4. Providing that the limits under the policy for uninsured or underinsured
motorist coverage for bodily injury or death resulting from an accident shall be
reduced by amounts paid or payable by or on behalf of a person or organization that
is legally responsible for the bodily injury or death; amounts paid or payable under
any worker's compensation law; or amounts paid or payable under any disability
benefits laws.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB525-ASA1,5,113
121.555
(2) (a)
Insurance. If the vehicle is owned or leased by a school or a
4school bus contractor, or is a vehicle authorized under sub. (1) (b), it shall comply with
5s. 121.53. If the vehicle is transporting 9 or
less
fewer persons in addition to the
6operator and is not owned or leased by a school or by a school bus contractor, it shall
7be insured by a policy providing property damage
coverage with a limit of not less
8than $10,000 and bodily injury liability coverage with limits
, as of the policy's
9effective date, equal to or greater than the minimum liability limits, as defined in s.
10344.01 (2) (am) of not less than $25,000 for each person, and, subject to the limit for
11each person, a total limit of not less than $50,000 for each accident.
AB525-ASA1,6,618
344.01
(2) (d) "Proof of financial responsibility" or "proof of financial
19responsibility for the future" means proof of ability to respond in damages for
20liability on account of accidents occurring subsequent to the effective date of such
21proof, arising out of the maintenance or use of a motor vehicle
, in
an the amount
, as
1of
the date that proof is furnished to the department, equal to or greater than the
2minimum liability limits $25,000 because of bodily injury to or death of one person
3in any one accident and, subject to that limit for one person, in the amount of $50,000
4because of bodily injury to or death of 2 or more persons in any one accident and in
5the amount of $10,000 because of injury to or destruction of property of others in any
6one accident.
AB525-ASA1,6,2211
344.15
(1) No policy or bond is effective under s. 344.14 unless
all of the
12following apply: (a) The policy or bond is issued by an insurer authorized to do an
13automobile liability or surety business in this state, except as provided in sub. (2)
.
14(b) The limits of liability under the, or unless the policy or bond
, as of the date of the
15accident, are equal to or greater than the minimum liability limits
is subject, if the
16accident has resulted in bodily injury or death, to a limit, exclusive of interest and
17costs, of not less than $25,000 because of bodily injury to or death of one person in
18any one accident and, subject to that limit for one person, to a limit of not less than
19$50,000 because of bodily injury to or death of 2 or more persons in any one accident
20and, if the accident has resulted in injury to or destruction of property, to a limit of
21not less than $10,000 because of injury to or destruction of property of others in any
22one accident.
AB525-ASA1,7,9
1344.33
(2) Motor vehicle liability policy. (intro.) A motor vehicle policy of
2liability insurance shall insure the person named therein using any motor vehicle
3with the express or implied permission of the owner, or shall insure any motor vehicle
4owned by the named insured and any person using such motor vehicle with the
5express or implied permission of the named insured, against loss from the liability
6imposed by law for damages arising out of the maintenance or use of the motor
7vehicle within the United States of America or the Dominion of Canada, subject to
8the
minimum liability following limits
, exclusive of interest and costs, with respect
9to each such motor vehicle
.:
AB525-ASA1, s. 8
10Section
8. 344.33 (2) (a) of the statutes is created to read:
AB525-ASA1,7,1211
344.33
(2) (a) Twenty-five thousand dollars because of bodily injury to or death
12of one person in any one accident.
AB525-ASA1, s. 9
13Section
9. 344.33 (2) (b) of the statutes is created to read:
AB525-ASA1,7,1514
344.33
(2) (b) Subject to the limit under par. (a) for one person, $50,000 because
15of bodily injury to or death of 2 or more persons in any one accident.
AB525-ASA1,7,1817
344.33
(2) (c) Ten thousand dollars because of injury to or destruction of
18property of others in any one accident.
AB525-ASA1,8,321
344.55
(1) (intro.) No motor vehicle may be used as a human service vehicle
22unless a policy of bodily injury and property damage liability insurance, issued by
23an insurer authorized to transact business in this state, is maintained thereon. The
24policy shall provide
property damage liability coverage with a limit of not less than
25$10,000. The policy also shall provide bodily injury liability coverage with limits
, as
1of the policy's effective date, of at least the minimum liability limits or, if greater, of
2not less than $75,000 for each person and, subject to such limit for each person, total
3limits as follows:
AB525-ASA1,8,76
631.43
(3) Exception. Subsection (1) does not affect the rights of insurers to
7exclude, limit
, or
restrict reduce coverage under s. 632.32 (5) (b)
or, (c) or
(f) to (j).
AB525-ASA1,9,2
1632.32
(4) (title)
Required uninsured motorist, underinsured motorist, and
2medical payments coverages.
AB525-ASA1,9,55
632.32
(4) (a) (title)
Uninsured motorist.
AB525-ASA1,9,138
632.32
(4) (intro.) Every policy of insurance subject to this section that insures
9with respect to any motor vehicle registered or principally garaged in this state
10against loss resulting from liability imposed by law for bodily injury or death suffered
11by any person arising out of the ownership, maintenance, or use of a motor vehicle
12shall contain therein or supplemental thereto
the following provisions
for all of the
13following coverages:
AB525-ASA1,9,2116
632.32
(4) (a) 1.
Excluding a policy written by a town mutual organized under
17ch. 612, uninsured motorist coverage For the protection of persons injured who are
18legally entitled to recover damages from owners or operators of uninsured motor
19vehicles because of bodily injury, sickness, or disease, including death resulting
20therefrom, in limits of at least
$100,000 $25,000 per person and
$300,000 $50,000 21per accident.
AB525-ASA1,9,2524
632.32
(4) (a) 2. In this paragraph, "uninsured motor vehicle" also includes any
25of the following:
AB525-ASA1,9,26
1a. An insured motor vehicle if before or after the accident the liability insurer
2of the motor vehicle is declared insolvent by a court of competent jurisdiction.
AB525-ASA1,10,53
b. Except as provided in subd. 2. c., an unidentified motor vehicle, provided that
4an independent 3rd party provides evidence in support of the unidentified motor
5vehicle's involvement in the accident.
AB525-ASA1,10,66
c. An unidentified motor vehicle involved in a hit-and-run accident.
AB525-ASA1,10,2011
632.32
(4) (b)
Medical payments.
Medical To indemnify for medical payments
12coverage, or chiropractic payments or both in the amount of at least
$10,000 $1,000 13per person
for the protection of all persons using the insured motor vehicle from
14losses resulting from bodily injury or death. The named insured may reject the
15coverage. If the named insured rejects the coverage, it need not be provided in a
16subsequent renewal policy issued by the same insurer unless the insured requests
17it in writing. Under the medical or chiropractic payments coverage, the insurer shall
18be subrogated to the rights of its insured to the extent of its payments. Coverage
19written under this
subdivision paragraph may be excess coverage over any other
20source of reimbursement to which the insured person has a legal right.
AB525-ASA1,11,4
1632.32
(4) (a) 3.
Unless an insurer waives the right to subrogation, insurers 2Insurers making payment under
any of the coverages under this subsection the
3uninsured motorists' coverage shall, to the extent of the payment, be subrogated to
4the rights of their insureds.
AB525-ASA1,11,167
632.32
(4m) Underinsured motorist coverage. (a) An insurer writing policies
8that insure with respect to a motor vehicle registered or principally garaged in this
9state against loss resulting from liability imposed by law for bodily injury or death
10suffered by a person arising out of the ownership, maintenance, or use of a motor
11vehicle shall provide to one insured under each such insurance policy that goes into
12effect after October 1, 1995, that is written by the insurer and that does not include
13underinsured motorist coverage written notice of the availability of underinsured
14motorist coverage, including a brief description of the coverage. An insurer is
15required to provide the notice required under this subdivision only one time and in
16conjunction with the delivery of the policy.
AB525-ASA1,11,2217
(b) Acceptance or rejection of underinsured motorist coverage by a person after
18being notified under par. (a) need not be in writing. The absence of a premium
19payment for underinsured motorist coverage is conclusive proof that the person has
20rejected such coverage. The rejection of such coverage by the person notified under
21par. (a) shall apply to all persons insured under the policy, including any renewal of
22the policy.
AB525-ASA1,12,223
(c) If a person rejects underinsured motorist coverage after being notified under
24par. (a), the insurer is not required to provide such coverage under a policy that is
1renewed to the person by that insurer unless an insured under the policy
2subsequently requests such underinsured motorist coverage in writing.
AB525-ASA1,12,53
(d) If an insured who is notified under par. (a) accepts underinsured motorist
4coverage, the insurer shall include the coverage under the policy just delivered to the
5insured in limits of at least $50,000 per person and $100,000 per accident.
AB525-ASA1,12,1710
632.32
(5) (f)
No A policy may provide that, regardless of the number of policies
11involved, vehicles involved, persons covered, claims made, vehicles or premiums
12shown on the policy, or premiums paid, the limits for any
uninsured motorist
13coverage or underinsured motorist coverage under the policy may not be added to the
14limits for similar coverage applying to other motor vehicles to determine the limit of
15insurance coverage available for bodily injury or death suffered by a person in any
16one accident
, except that a policy may limit the number of motor vehicles for which
17the limits for coverage may be added to 3 vehicles.
AB525-ASA1,13,220
632.32
(5) (g)
No A policy may provide that the maximum amount of uninsured
21motorist coverage or underinsured motorist coverage available for bodily injury or
22death suffered by a person who was not using a motor vehicle at the time of an
23accident is
any the highest single limit of uninsured motorist coverage or
24underinsured motorist coverage, whichever is applicable, for any motor vehicle with
1respect to which the person is insured
, except that a policy may limit the number of
2motor vehicles for which coverage limits may be added to 3 vehicles.
AB525-ASA1,13,105
632.32
(5) (h)
No A policy may provide that the maximum amount of medical
6payments coverage available for bodily injury or death suffered by a person who was
7not using a motor vehicle at the time of an accident is
any the highest single limit of
8medical payments coverage for any motor vehicle with respect to which the person
9is insured
, except that a policy may limit the number of motor vehicles for which
10medical payments coverage limits may be added to 3 vehicles.
AB525-ASA1, s. 35
11Section
35. 632.32 (6) (g) of the statutes, as affected by
2009 Wisconsin Act 28,
12is renumbered 632.32 (5) (i), and 632.32 (5) (i) (intro.), as renumbered, is amended
13to read:
AB525-ASA1,13,1714
632.32
(5) (i) (intro.)
No A policy may provide that the limits under the policy
15for uninsured motorist coverage or underinsured motorist coverage for bodily injury
16or death resulting from any one accident shall be reduced by any of the following that
17apply:
AB525-ASA1,13,2019
(1) This act first applies to motor vehicle insurance policies issued or renewed
20on the effective date of this subsection.
AB525-ASA1,13,2322
(1)
This act takes effect on November 1, 2009, or on the day after publication,
23whichever is later.