Feed for /2011/related/proposals/sb7 PDF
SB7, s. 11 22Section 11. 344.55 (1) (intro.) of the statutes is amended to read:
SB7,8,523 344.55 (1) (intro.) No motor vehicle may be used as a human service vehicle
24unless a policy of bodily injury and property damage liability insurance, issued by
25an insurer authorized to transact business in this state, is maintained thereon. The

1policy shall provide property damage liability coverage with a limit of not less than
2$10,000. The policy also shall provide bodily injury
liability coverage with limits, as
3of the policy's effective date, of at least the minimum liability limits or, if greater,
of
4not less than $75,000 for each person and, subject to such limit for each person, total
5limits as follows:
SB7, s. 12 6Section 12. 631.43 (3) of the statutes is amended to read:
SB7,8,87 631.43 (3) Exception. Subsection (1) does not affect the rights of insurers to
8limit or, restrict, reduce, or exclude coverage under s. 632.32 (5) (b) or, (c), or (f) to (j).
SB7, s. 13 9Section 13. 632.32 (2) (ac) of the statutes is created to read:
SB7,8,1710 632.32 (2) (ac) "Commercial liability policy" means any form of liability
11insurance policy, including a commercial or business package policy or a policy
12written on farm and agricultural operations, that is intended principally to provide
13primary coverage for the insured's general liability arising out of its business or other
14commercial activities, and that includes coverage for the insured's liability arising
15out of the ownership, maintenance, or use of a motor vehicle as only one component
16of the policy or as coverage that is only incidental to the principal purpose of the
17policy. "Commercial liability policy" does not include a worker's compensation policy.
SB7, s. 14 18Section 14. 632.32 (2) (bh) of the statutes is created to read:
SB7,8,2019 632.32 (2) (bh) "Phantom motor vehicle" means a motor vehicle to which all of
20the following apply:
SB7,8,2221 1. The motor vehicle is involved in an accident with a person who has uninsured
22motorist coverage.
SB7,8,2423 2. In the accident, the motor vehicle makes no physical contact with the insured
24or with a vehicle the insured is occupying.
SB7,9,2
13. The identity of neither the operator nor the owner of the motor vehicle can
2be ascertained.
SB7, s. 15 3Section 15. 632.32 (2) (e) 3. of the statutes is amended to read:
SB7,9,74 632.32 (2) (e) 3. The limits under the bodily injury liability insurance policy or
5with respect to the proof of financial responsibility or self-insurance are less than
6the amount needed to fully compensate the insured for his or her damages limits of
7the insured's underinsured motorist coverage
.
SB7, s. 16 8Section 16. 632.32 (2) (g) (intro.) of the statutes is amended to read:
SB7,9,179 632.32 (2) (g) (intro.) "Uninsured motor vehicle" means a motor vehicle, other
10than a motor vehicle owned by a governmental unit,
that is involved in an accident
11with a person who has uninsured motorist coverage and with respect to which, at the
12time of the accident, a bodily injury liability insurance policy is not in effect and the
13owner or operator has not furnished proof of financial responsibility for the future
14under subch. III of ch. 344 and is not a self-insurer under any other applicable motor
15vehicle law. "Uninsured motor vehicle" also includes any of the following motor
16vehicles, other than a motor vehicle owned by a governmental unit, involved in an
17accident with a person who has uninsured motorist coverage:
SB7, s. 17 18Section 17. 632.32 (2) (g) 2. of the statutes is repealed and recreated to read:
SB7,9,1919 632.32 (2) (g) 2. A phantom motor vehicle, if all of the following apply:
SB7,9,2220 a. The facts of the accident are corroborated by competent evidence that is
21provided by someone other than the insured or any other person who makes a claim
22against the uninsured motorist coverage as a result of the accident.
SB7,9,2423 b. Within 72 hours after the accident, the insured or someone on behalf of the
24insured reports the accident to a police, peace, or judicial officer or to the department

1of transportation or, if the accident occurs outside of Wisconsin, the equivalent
2agency in the state where the accident occurs.
SB7,10,73 c. Within 30 days after the accident occurs, the insured or someone on behalf
4of the insured files with the insurer a statement under oath that the insured or a legal
5representative of the insured has a cause of action arising out of the accident for
6damages against a person whose identity is not ascertainable and setting forth the
7facts in support of the statement.
SB7, s. 18 8Section 18. 632.32 (4) (a) 1. of the statutes is amended to read:
SB7,10,119 632.32 (4) (a) 1. Excluding a policy written by a town mutual organized under
10ch. 612, uninsured motorist coverage, in limits of at least $100,000 $25,000 per
11person and $300,000 $50,000 per accident.
SB7, s. 19 12Section 19. 632.32 (4) (a) 2m. of the statutes is amended to read:
SB7,10,1513 632.32 (4) (a) 2m. Excluding a policy written by a town mutual organized under
14ch. 612, underinsured motorist coverage, in limits of at least $100,000 $50,000 per
15person and $300,000 $100,000 per accident.
SB7, s. 20 16Section 20. 632.32 (4) (a) 3m. of the statutes is amended to read:
SB7,10,1917 632.32 (4) (a) 3m. Medical payments coverage, in the amount of at least $10,000
18$1,000 per person. Coverage written under this subdivision may be excess coverage
19over any other source of reimbursement to which the insured person has a legal right.
SB7, s. 21 20Section 21. 632.32 (4) (d) of the statutes is amended to read:
SB7,10,2221 632.32 (4) (d) This subsection does not apply to commercial liability policies or
22umbrella or excess liability policies, which are subject to sub. (4r).
SB7, s. 22 23Section 22. 632.32 (4r) of the statutes is repealed.
SB7, s. 23 24Section 23. 632.32 (6) (d) of the statutes is renumbered 632.32 (5) (f) and
25amended to read:
SB7,11,8
1632.32 (5) (f) No A policy may provide that, regardless of the number of policies
2involved, vehicles involved, persons covered, claims made, vehicles or premiums
3shown on the policy, or premiums paid, the limits for any uninsured motorist
4coverage or underinsured motorist
coverage under the policy may not be added to the
5limits for similar coverage applying to other motor vehicles to determine the limit of
6insurance coverage available for bodily injury or death suffered by a person in any
7one accident, except that a policy may limit the number of motor vehicles for which
8the limits for coverage may be added to 3 vehicles
.
SB7, s. 24 9Section 24. 632.32 (6) (e) of the statutes is renumbered 632.32 (5) (g) and
10amended to read:
SB7,11,1811 632.32 (5) (g) No A policy may provide that the maximum amount of uninsured
12motorist coverage or, underinsured motorist coverage, or medical payments coverage
13available for bodily injury or death suffered by a person who was not using a motor
14vehicle at the time of an accident is any the highest single limit of uninsured motorist
15coverage or, underinsured motorist coverage, or medical payments coverage,
16whichever is applicable, for any motor vehicle with respect to which the person is
17insured, except that a policy may limit the number of motor vehicles for which
18coverage limits may be added to 3 vehicles
.
SB7, s. 25 19Section 25. 632.32 (6) (f) of the statutes is repealed.
SB7, s. 26 20Section 26. 632.32 (6) (g) of the statutes is renumbered 632.32 (5) (i), and
21632.32 (5) (i) (intro.), as renumbered, is amended to read:
SB7,11,2522 632.32 (5) (i) (intro.) No A policy may provide that the limits under the policy
23for uninsured motorist coverage or underinsured motorist coverage for bodily injury
24or death resulting from any one accident shall be reduced by any of the following that
25apply:
SB7, s. 27
1Section 27. 632.355 of the statutes is repealed.
SB7, s. 28 2Section 28 . Initial applicability.
SB7,12,93 (1) Limits and miscellaneous changes. The treatment of sections 121.555 (2)
4(a), 344.01 (2) (am) and (d), 344.11, 344.15 (1) (intro.), (a), and (b), 344.55 (1) (intro.),
5631.43 (3), and 632.32 (2) (ac), (bh), (e) 3., and (g) (intro.) and 2., (4) (a) 1., 2m., and
63m. and (d), (4r), and (6) (d), (e), (f), and (g) of the statutes, the renumbering and
7amendment of section 344.33 (2) of the statutes, and the creation of section 344.33
8(2) (a), (b), and (c) of the statutes first apply to motor vehicle insurance policies that
9are newly issued or renewed on the effective date of this subsection.
SB7,12,1210 (2) High-risk category. The treatment of section 632.355 of the statutes first
11applies to motor vehicle insurance policies that are newly issued on the effective date
12of this subsection.
SB7, s. 29 13Section 29. Effective date.
SB7,12,1514 (1) This act takes effect on the first day of the 7th month beginning after
15publication.
SB7,12,1616 (End)
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