Feed for /2011/related/acts/14 PDF
Date of enactment: April 12, 2011
2011 Assembly Bill 4 Date of publication*: April 26, 2011
* Section 991.11, Wisconsin Statutes 2009-10 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2011 WISCONSIN ACT 14
An Act to repeal 227.01 (13) (zz), 344.01 (2) (am), 344.11, 632.32 (2) (e), 632.32 (4) (a) 2m., 632.32 (4r), 632.32 (6) (f) and 632.355; to renumber and amend 344.33 (2), 632.32 (4) (a) 3m., 632.32 (6) (d), 632.32 (6) (e) 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 (2) (g) (intro.), 632.32 (4) (title), 632.32 (4) (a) 1., 632.32 (4) (bc) and 632.32 (4) (d); to repeal and recreate 632.32 (2) (g) 2.; and to create 344.33 (2) (a), 344.33 (2) (b), 344.33 (2) (c), 632.32 (2) (ac), 632.32 (2) (bh) and 632.32 (4m) of the statutes; relating to: automobile insurance coverage limits, permissible policy provisions, and proof of financial responsibility.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
14,1 Section 1. 121.555 (2) (a) of the statutes is amended to read:
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.
14,2 Section 2. 227.01 (13) (zz) of the statutes is repealed.
14,3 Section 3. 344.01 (2) (am) of the statutes is repealed.
14,4 Section 4. 344.01 (2) (d) of the statutes is amended to read:
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.
14,5 Section 5. 344.11 of the statutes is repealed.
14,6 Section 6. 344.15 (1) (intro.), (a) and (b) of the statutes are consolidated, renumbered 344.15 (1) and amended to read:
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 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.
14,7 Section 7. 344.33 (2) of the statutes is renumbered 344.33 (2) (intro.) and amended to read:
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 with respect to each such motor vehicle.:
14,8 Section 8. 344.33 (2) (a) of the statutes is created to read:
344.33 (2) (a) Twenty-five thousand dollars because of bodily injury to or death of one person in any one accident.
14,9 Section 9. 344.33 (2) (b) of the statutes is created to read:
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.
14,10 Section 10. 344.33 (2) (c) of the statutes is created to read:
344.33 (2) (c) Ten thousand dollars because of injury to or destruction of property of others in any one accident.
14,11 Section 11. 344.55 (1) (intro.) of the statutes is amended to read:
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:
14,12 Section 12. 631.43 (3) of the statutes is amended to read:
631.43 (3) Exception. Subsection (1) does not affect the rights of insurers to limit or, restrict, reduce, or exclude coverage under s. 632.32 (5) (b) or, (c), or (f) to (j).
14,13 Section 13. 632.32 (2) (ac) of the statutes is created to read:
632.32 (2) (ac) "Commercial liability policy" means any form of liability insurance policy, including a commercial or business package policy or a policy written on farm and agricultural operations, that is intended principally to provide primary coverage for the insured's general liability arising out of its business or other commercial activities, and that includes coverage for the insured's liability arising out of the ownership, maintenance, or use of a motor vehicle as only one component of the policy or as coverage that is only incidental to the principal purpose of the policy. "Commercial liability policy" does not include a worker's compensation policy.
14,14 Section 14. 632.32 (2) (bh) of the statutes is created to read:
632.32 (2) (bh) "Phantom motor vehicle" means a motor vehicle to which all of the following apply:
1. The motor vehicle is involved in an accident with a person who has uninsured motorist coverage.
2. In the accident, the motor vehicle makes no physical contact with the insured or with a vehicle the insured is occupying.
3. The identity of neither the operator nor the owner of the motor vehicle can be ascertained.
14,15c Section 15c. 632.32 (2) (e) of the statutes is repealed.
14,16 Section 16. 632.32 (2) (g) (intro.) of the statutes is amended to read:
632.32 (2) (g) (intro.) "Uninsured motor vehicle" means a motor vehicle, other than a motor vehicle owned by a governmental unit, that is involved in an accident with a person who has uninsured motorist coverage and with respect to which, at the time of the accident, a bodily injury liability insurance policy is not in effect and the owner or operator has not furnished proof of financial responsibility for the future under subch. III of ch. 344 and is not a self-insurer under any other applicable motor vehicle law. "Uninsured motor vehicle" also includes any of the following motor vehicles, other than a motor vehicle owned by a governmental unit, involved in an accident with a person who has uninsured motorist coverage:
14,17 Section 17. 632.32 (2) (g) 2. of the statutes is repealed and recreated to read:
632.32 (2) (g) 2. A phantom motor vehicle, if all of the following apply:
a. The facts of the accident are corroborated by competent evidence that is provided by someone other than the insured or any other person who makes a claim against the uninsured motorist coverage as a result of the accident.
b. Within 72 hours after the accident, the insured or someone on behalf of the insured reports the accident to a police, peace, or judicial officer or to the department of transportation or, if the accident occurs outside of Wisconsin, the equivalent agency in the state where the accident occurs.
c. Within 30 days after the accident occurs, the insured or someone on behalf of the insured files with the insurer a statement under oath that the insured or a legal representative of the insured has a cause of action arising out of the accident for damages against a person whose identity is not ascertainable and setting forth the facts in support of the statement.
14,17m Section 17m. 632.32 (4) (title) of the statutes is amended to read:
632.32 (4) (title) Required uninsured motorist, underinsured motorist, and medical payments coverages.
14,18m Section 18m. 632.32 (4) (a) 1. of the statutes is amended to read:
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 $25,000 per person and $300,000 $50,000 per accident.
14,19m Section 19m. 632.32 (4) (a) 2m. of the statutes is repealed.
14,20c Section 20c. 632.32 (4) (a) 3m. of the statutes is renumbered 632.32 (4) (a) 2. and amended to read:
632.32 (4) (a) 2. Medical payments coverage, in the amount of at least $10,000 $1,000 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.
14,20m Section 20m. 632.32 (4) (bc) of the statutes is amended to read:
632.32 (4) (bc) Notwithstanding par. (a) 3m. 2., the named insured may reject medical payments coverage. If the named insured rejects the coverage, the coverage need not be provided in a subsequent renewal policy issued by the same insurer unless the insured requests it in writing.
14,21c Section 21c. 632.32 (4) (d) of the statutes is amended to read:
632.32 (4) (d) This subsection does not apply to commercial liability policies or umbrella or excess liability policies, which are subject to sub. (4r).
14,21m Section 21m. 632.32 (4m) of the statutes is created to read:
632.32 (4m) Underinsured motorist coverage. (a) Except as provided in par. (e), an insurer writing policies that insure with respect to a motor vehicle registered or principally garaged in this state against loss resulting from liability imposed by law for bodily injury or death suffered by a person arising out of the ownership, maintenance, or use of a motor vehicle shall provide to one insured under each such insurance policy that goes into effect after the effective date of this paragraph .... [LRB inserts date], that is written by the insurer and that does not include underinsured motorist coverage written notice of the availability of underinsured motorist coverage, including a brief description of the coverage. An insurer is required to provide the notice required under this paragraph only one time and in conjunction with the delivery of the policy.
(b) Acceptance or rejection of underinsured motorist coverage by a person after being notified under par. (a) need not be in writing. The absence of a premium payment for underinsured motorist coverage is conclusive proof that the person has rejected such coverage. The rejection of such coverage by the person notified under par. (a) shall apply to all persons insured under the policy, including any renewal of the policy.
(c) If a person rejects underinsured motorist coverage after being notified under par. (a), the insurer is not required to provide such coverage under a policy that is renewed to the person by that insurer unless an insured under the policy subsequently requests such underinsured motorist coverage in writing.
(d) If an insured accepts underinsured motorist coverage, the insurer shall include the coverage in limits of at least $50,000 per person and $100,000 per accident.
(e) This subsection does not apply to commercial liability policies or umbrella or excess liability policies.
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