SB646: Bill Text

SB646, s. 2 Section 2. 344.01 (2) (am) 5. of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB646, s. 3 Section 3. 344.11 of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB646, s. 4 Section 4. 631.36 (5) (b) (intro.) of the statutes is amended to read:

SB646,5,4 631.36 (5) (b) Exception. (intro.) Paragraph (a) does not apply if the only change that is adverse to the policyholder is a premium increase and if either any of the following applies to the premium increase:

SB646, s. 5 Section 5. 631.36 (5) (b) 3. of the statutes is created to read:

SB646,5,7 631.36 (5) (b) 3. The premium increase results from a statutory or regulatory change or a change based on case law.

SB646, s. 6 Section 6. 631.43 (3) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB646,5,11 631.43 (3) Exception. Subsection (1) does not affect the rights of insurers to exclude, limit, or restrict coverage under s. 632.32 (5) (b) or, (c), or (f) to (j).

SB646, s. 7 Section 7. 632.32 (1) of the statutes is amended to read:

SB646,5,16 632.32 (1) Scope. Except as otherwise provided, this section applies to every motor vehicle liability policy of insurance issued or delivered in this state against the insured's liability for loss or damage resulting from accident caused by any motor vehicle, whether the loss or damage is to property or to a person.

SB646, s. 8 Section 8. 632.32 (2) (bc) of the statutes is created to read:

SB646,5,19 632.32 (2) (bc) "Motor vehicle liability policy" has the meaning given in s. 344.61 (2).

SB646, s. 9 Section 9. 632.32 (2) (cm) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB646,5,25 632.32 (2) (cm) "Umbrella or excess liability policy" means an insurance contract providing at least $1,000,000 of liability coverage per person or per occurrence in excess of certain required underlying motor vehicle liability insurance policy coverage or a specified amount of self-insured retention.

SB646, s. 10 Section 10. 632.32 (2) (e) 2. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB646,6,7 632.32 (2) (e) 2. A At the time of the accident, a bodily injury liability insurance policy applies to the motor vehicle at the time of the accident or the owner or operator of the motor vehicle has furnished proof of financial responsibility for the future under subch. III of ch. 344 and it is in effect or is a self-insurer under another applicable motor vehicle law.

SB646, s. 11 Section 11. 632.32 (2) (e) 3. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB646,6,13 632.32 (2) (e) 3. The limits under the bodily injury liability insurance policy or with respect to the proof of financial responsibility or self-insurance are less than the amount needed to fully compensate the insured for his or her damages limits of the person's underinsured motorist coverage under subd. 1.

SB646, s. 12 Section 12. 632.32 (2) (g) 3. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB646,6,18 632.32 (2) (g) 3. An unidentified motor vehicle involved in a hit-and-run accident with the person that makes contact, in the accident, with the person or the vehicle that the person is occupying.

SB646, s. 13 Section 13. 632.32 (4) (a) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB646,7,2 632.32 (4) (a) (intro.) Every Except as provided in par. (d), every motor vehicle liability policy of insurance subject to this section that insures with respect to any motor vehicle registered or principally garaged in this state against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle shall contain therein or supplemental thereto provisions for all of the following coverages:

SB646, s. 14 Section 14. 632.32 (4) (a) 1. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB646,7,7 632.32 (4) (a) 1. Excluding a policy written by a town mutual organized under ch. 612, uninsured motorist coverage, in limits of at least $100,000 $50,000 per person and $300,000 $100,000 per accident.

SB646, s. 15 Section 15. 632.32 (4) (a) 3m. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB646,7,12 632.32 (4) (a) 3m. Medical payments coverage, in the amount of at least $10,000 per person. Coverage written under this subdivision may be excess coverage over any other source of reimbursement to which the insured person has a legal right.

SB646, s. 16 Section 16. 632.32 (4) (bc) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB646,7,19 632.32 (4) (bc) Notwithstanding par. (a) 2m. and 3m., the named insured may reject underinsured motorist coverage or medical payments coverage. If the named insured rejects the coverage, the or both. Any rejected coverage need not be provided in a subsequent renewal policy issued by the same insurer unless the insured requests it in writing.

SB646, s. 17 Section 17. 632.32 (4) (d) of the statutes is created to read:

SB646,7,22 632.32 (4) (d) This subsection does not apply to umbrella or excess liability policies.

SB646, s. 18 Section 18. 632.32 (4r) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB646, s. 19 Section 19. 632.32 (6) (d) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 632.32 (5) (f) and amended to read:

SB646,8,10 632.32 (5) (f) No A policy may provide that, regardless of the number of policies involved, vehicles involved, persons covered, claims made, vehicles or premiums shown on the policy, or premiums paid, the limits for any uninsured motorist coverage or underinsured motorist coverage under the policy may not be added to the limits for similar coverage applying to other motor vehicles to determine the limit of insurance coverage available for bodily injury or death suffered by a person in any one accident, except that a policy may limit the number of motor vehicles for which the limits for coverage may be added to 3 vehicles.

SB646, s. 20 Section 20. 632.32 (6) (e) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 632.32 (5) (g) and amended to read:

SB646,8,19 632.32 (5) (g) No A policy may provide that the maximum amount of uninsured motorist coverage or underinsured motorist coverage available for bodily injury or death suffered by a person who was not using a motor vehicle at the time of an accident is any the highest single limit of uninsured motorist coverage or underinsured motorist coverage, whichever is applicable, for any motor vehicle with respect to which the person is insured, except that a policy may limit the number of motor vehicles for which coverage limits may be added to 3 vehicles.

SB646, s. 21 Section 21. 632.32 (6) (f) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 632.32 (5) (h) and amended to read:

SB646,9,2 632.32 (5) (h) No A policy may provide that the maximum amount of medical payments coverage available for bodily injury or death suffered by a person who was not using a motor vehicle at the time of an accident is any the highest single limit of medical payments coverage for any motor vehicle with respect to which the person is insured, except that a policy may limit the number of motor vehicles for which medical payments coverage limits may be added to 3 vehicles.

SB646, s. 22 Section 22. 632.355 (title) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB646,9,5 632.355 (title) Prohibited bases basis for assessing risk.

SB646, s. 23 Section 23. 632.355 (intro.) (except 632.355 (title)) and (1) of the statutes, as created by 2009 Wisconsin Act 28, are consolidated, renumbered 632.355 (1c) and amended to read:

SB646,9,12 632.355 (1c) In issuing or renewing a motor vehicle insurance policy, an insurer may not do any of the following: (1) Place place the applicant or insured in a high-risk category on the basis that the applicant or insured has not previously had motor vehicle insurance.

SB646, s. 24 Section 24. 632.355 (2) of the statutes is created to read:

SB646,9,16 632.355 (2) Subsection (1c) does not apply to a person who applies for a motor vehicle insurance policy on or after January 1, 2011, and who is in violation of s. 344.62 at the time of application.

SB646, s. 25 Section 25. Initial applicability.

SB646,9,21 (1) Limits, required coverage, and policy provisions. The treatment of sections 631.43 (3) and 632.32 (4) (a) 1. and 3m. and (bc), (4r), and (6) (d), (e), and (f) of the statutes first applies to motor vehicle insurance policies and umbrella and excess liability policies that are issued or renewed on the effective date of this subsection.

SB646,9,24 (2) Renewal with increased premium. The treatment of section 631.36 (5) (b) 3. of the statutes first applies to policies that renewed on the first day of the 3rd month beginning after the effective date of this subsection.

SB646,10,6 (3) Uninsured and underinsured motor vehicle definitions. If a motor vehicle insurance policy that is in effect on the effective date of this subsection contains a provision that is inconsistent with the treatment of section 632.32 (2) (e) 2. or 3. or (g) 3. or (4) (a) (intro.) or (d) of the statutes, the treatment of section 632.32 (2) (e) 2. or 3. or (g) 3. or (4) (a) (intro.) or (d) of the statutes, whichever is applicable, first applies to that motor vehicle insurance policy on the date on which it is renewed.

SB646,10,7 (End)