Amendment ASA1-AB525

LRBs0181/1

PJK&ARG:bjk:md

2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 525

October 29, 2009 - Offered by Representative Nygren.

AB525-ASA1,2,2 An Act to repeal 227.01 (13) (zz), 344.01 (2) (am), 344.11, 632.32 (2) (am), 632.32 (2) (cm), 632.32 (2) (d), 632.32 (2) (e), 632.32 (2) (f), 632.32 (2) (g), 632.32 (4) (a) 2m., 632.32 (4) (bc) and 632.32 (4r); to renumber 632.32 (2) (at) and 632.32 (2) (h); to renumber and amend 344.33 (2), 632.32 (4) (a) (intro.), 632.32 (4) (a) 3m., 632.32 (4) (c), 632.32 (6) (d), 632.32 (6) (e), 632.32 (6) (f) and 632.32 (6) (g); to consolidate, renumber and amend 344.15 (1) (intro.), (a) and (b); to amend 121.555 (2) (a), 344.01 (2) (d), 344.55 (1) (intro.), 631.43 (3), 632.32 (4) (title) and 632.32 (4) (a) 1.; and to create 344.33 (2) (a), 344.33 (2) (b), 344.33 (2) (c), 632.32 (4) (a) (title), 632.32 (4) (a) 2. and 632.32 (4m) of the statutes; relating to: automobile insurance coverage limits and proof of financial responsibility.

Analysis by the Legislative Reference Bureau

Proof of financial responsibility

Under former law, prior to 2009 Wisconsin Act 28 (the biennial budget act), motor vehicles operated in this state were not required to be covered by policies of bodily injury and property damage liability insurance, but owners and operators of motor vehicles involved in accidents were subject to certain financial responsibility requirements. The biennial budget act retained and modified these financial responsibility requirements following a motor vehicle accident while also requiring insurance coverage for motor vehicles operated in this state.

Under current law, if a motor vehicle accident results in injury, death, or property damage of $1,000 or more, the Department of Transportation (DOT) is required to notify the operator and owner of the vehicle involved in the accident that the person must deposit with DOT security for the accident in an amount specified by DOT, which DOT has determined is sufficient to satisfy any judgment for damages resulting from the accident. Unless an exception applies, if a person fails to timely deposit security after this notice, DOT must suspend the person's operating privilege if the person was the vehicle operator and suspend all vehicle registrations of the person if the person was the vehicle owner. One of the exceptions is that the person provides proof of financial responsibility. In addition, if DOT receives a certified copy of a judgment for damages of $500 or more arising out of a motor vehicle accident, DOT must immediately suspend the operating privilege and all registrations of the person against whom the judgment was rendered unless the person can provide proof of financial responsibility. In both situations, proof of financial responsibility includes coverage under a motor vehicle liability insurance policy with the following minimum limits for any single accident:

1. Before January 1, 2010, $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.

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, s. 1 Section 1. 121.555 (2) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB525-ASA1,5,11 121.555 (2) (a) Insurance. If the vehicle is owned or leased by a school or a school bus contractor, or is a vehicle authorized under sub. (1) (b), it shall comply with s. 121.53. If the vehicle is transporting 9 or less fewer persons in addition to the operator and is not owned or leased by a school or by a school bus contractor, it shall be insured by a policy providing property damage coverage with a limit of not less than $10,000 and bodily injury liability coverage with limits, as of the policy's effective date, equal to or greater than the minimum liability limits, as defined in s. 344.01 (2) (am) of not less than $25,000 for each person, and, subject to the limit for each person, a total limit of not less than $50,000 for each accident.

AB525-ASA1, s. 2 Section 2. 227.01 (13) (zz) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

AB525-ASA1, s. 3 Section 3. 344.01 (2) (am) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

AB525-ASA1, s. 4 Section 4. 344.01 (2) (d) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB525-ASA1,6,6 344.01 (2) (d) "Proof of financial responsibility" or "proof of financial responsibility for the future" means proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of such proof, arising out of the maintenance or use of a motor vehicle, in an the amount, as of the date that proof is furnished to the department, equal to or greater than the minimum liability limits $25,000 because of bodily injury to or death of one person in any one accident and, subject to that limit for one person, in the amount of $50,000 because of bodily injury to or death of 2 or more persons in any one accident and in the amount of $10,000 because of injury to or destruction of property of others in any one accident.

AB525-ASA1, s. 5 Section 5. 344.11 of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

AB525-ASA1, s. 6 Section 6. 344.15 (1) (intro.), (a) and (b) of the statutes, as affected by 2009 Wisconsin Act 28, are consolidated, renumbered 344.15 (1) and amended to read:

AB525-ASA1,6,22 344.15 (1) No policy or bond is effective under s. 344.14 unless all of the following apply: (a) The policy or bond is issued by an insurer authorized to do an automobile liability or surety business in this state, except as provided in sub. (2). (b) The limits of liability under the, or unless the policy or bond, as of the date of the accident, are equal to or greater than the minimum liability limits is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $25,000 because of bodily injury to or death of one person in any one accident and, subject to that limit for one person, to a limit of not less than $50,000 because of bodily injury to or death of 2 or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $10,000 because of injury to or destruction of property of others in any one accident.

AB525-ASA1, s. 7 Section 7. 344.33 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 344.33 (2) (intro.) and amended to read:

AB525-ASA1,7,9 344.33 (2) Motor vehicle liability policy. (intro.) A motor vehicle policy of liability insurance shall insure the person named therein using any motor vehicle with the express or implied permission of the owner, or shall insure any motor vehicle owned by the named insured and any person using such motor vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the maintenance or use of the motor vehicle within the United States of America or the Dominion of Canada, subject to the minimum liability following limits, exclusive of interest and costs, with respect to each such motor vehicle.:

AB525-ASA1, s. 8 Section 8. 344.33 (2) (a) of the statutes is created to read:

AB525-ASA1,7,12 344.33 (2) (a) Twenty-five thousand dollars because of bodily injury to or death of one person in any one accident.

AB525-ASA1, s. 9 Section 9. 344.33 (2) (b) of the statutes is created to read:

AB525-ASA1,7,15 344.33 (2) (b) Subject to the limit under par. (a) for one person, $50,000 because of bodily injury to or death of 2 or more persons in any one accident.

AB525-ASA1, s. 10 Section 10. 344.33 (2) (c) of the statutes is created to read:

AB525-ASA1,7,18 344.33 (2) (c) Ten thousand dollars because of injury to or destruction of property of others in any one accident.

AB525-ASA1, s. 11 Section 11. 344.55 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB525-ASA1,8,3 344.55 (1) (intro.) No motor vehicle may be used as a human service vehicle unless a policy of bodily injury and property damage liability insurance, issued by an insurer authorized to transact business in this state, is maintained thereon. The policy shall provide property damage liability coverage with a limit of not less than $10,000. The policy also shall provide bodily injury liability coverage with limits, as of the policy's effective date, of at least the minimum liability limits or, if greater, of not less than $75,000 for each person and, subject to such limit for each person, total limits as follows:

AB525-ASA1, s. 12 Section 12. 631.43 (3) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB525-ASA1,8,7 631.43 (3) Exception. Subsection (1) does not affect the rights of insurers to exclude, limit, or restrict reduce coverage under s. 632.32 (5) (b) or, (c) or (f) to (j).

AB525-ASA1, s. 13 Section 13. 632.32 (2) (am) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

AB525-ASA1, s. 14 Section 14. 632.32 (2) (at) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 632.32 (2) (a).

AB525-ASA1, s. 15 Section 15. 632.32 (2) (cm) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.