SB386: Bill Text

SB386,7,25 631.43 (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).

SB386, s. 13 Section 13. 632.32 (2) (am) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB386, s. 14 Section 14. 632.32 (2) (at) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 632.32 (2) (a).

SB386, s. 15 Section 15. 632.32 (2) (cm) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB386, s. 16 Section 16. 632.32 (2) (d) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB386, s. 17 Section 17. 632.32 (2) (e) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB386, s. 18 Section 18. 632.32 (2) (f) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB386, s. 19 Section 19. 632.32 (2) (g) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB386, s. 20 Section 20. 632.32 (2) (h) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 632.32 (2) (c).

SB386, s. 21 Section 21. 632.32 (4) (title) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB386,8,20 632.32 (4) (title) Required uninsured motorist, underinsured motorist, and medical payments coverages.

SB386, s. 22 Section 22. 632.32 (4) (a) (title) of the statutes, as affected by 2009 Wisconsin Act 28, is created to read:

SB386,8,23 632.32 (4) (a) (title) Uninsured motorist.

SB386, s. 23 Section 23. 632.32 (4) (a) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 632.32 (4) (intro.) and amended to read:

SB386,9,6 632.32 (4) (intro.) Every 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 the following provisions for all of the following coverages:

SB386, s. 24 Section 24. 632.32 (4) (a) 1. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB386,9,14 632.32 (4) (a) 1. Excluding a policy written by a town mutual organized under ch. 612, uninsured motorist coverage For the protection of persons injured who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness, or disease, including death resulting therefrom, in limits of at least $100,000 $25,000 per person and $300,000 $50,000 per accident.

SB386, s. 25 Section 25. 632.32 (4) (a) 2. of the statutes, as affected by 2009 Wisconsin Act 28, is created to read:

SB386,9,18 632.32 (4) (a) 2. In this paragraph, "uninsured motor vehicle" also includes any of the following:

SB386,9,20 a. An insured motor vehicle if before or after the accident the liability insurer of the motor vehicle is declared insolvent by a court of competent jurisdiction.

SB386,9,23 b. Except as provided in subd. 2. c., an unidentified motor vehicle, provided that an independent 3rd party provides evidence in support of the unidentified motor vehicle's involvement in the accident.

SB386,9,24 c. An unidentified motor vehicle involved in a hit-and-run accident.

SB386, s. 26 Section 26. 632.32 (4) (a) 2m. of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB386, s. 27 Section 27. 632.32 (4) (a) 3m. of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 632.32 (4) (b) and amended to read:

SB386,10,14 632.32 (4) (b) Medical payments. Medical To indemnify for medical payments coverage, or chiropractic payments or both in the amount of at least $10,000 $1,000 per person for the protection of all persons using the insured motor vehicle from losses resulting from bodily injury or death. The named insured may reject the coverage. If the named insured rejects the coverage, it need not be provided in a subsequent renewal policy issued by the same insurer unless the insured requests it in writing. Under the medical or chiropractic payments coverage, the insurer shall be subrogated to the rights of its insured to the extent of its payments. Coverage written under this subdivision paragraph may be excess coverage over any other source of reimbursement to which the insured person has a legal right.

SB386, s. 28 Section 28. 632.32 (4) (bc) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB386, s. 29 Section 29. 632.32 (4) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 632.32 (4) (a) 3. and amended to read:

SB386,10,22 632.32 (4) (a) 3. Unless an insurer waives the right to subrogation, insurers Insurers making payment under any of the coverages under this subsection the uninsured motorists' coverage shall, to the extent of the payment, be subrogated to the rights of their insureds.

SB386, s. 30 Section 30. 632.32 (4m) of the statutes, as affected by 2009 Wisconsin Act 28, is created to read:

SB386,11,10 632.32 (4m) Underinsured motorist coverage. (a) 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 October 1, 1995, 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 subdivision only one time and in conjunction with the delivery of the policy.

SB386,11,16 (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.

SB386,11,20 (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.

SB386,11,23 (d) If an insured who is notified under par. (a) accepts underinsured motorist coverage, the insurer shall include the coverage under the policy just delivered to the insured in limits of at least $50,000 per person and $100,000 per accident.

SB386, s. 31 Section 31. 632.32 (4r) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB386, s. 32 Section 32. 632.32 (6) (d) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 632.32 (5) (f) and amended to read:

SB386,12,10 632.32 (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.

SB386, s. 33 Section 33. 632.32 (6) (e) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 632.32 (5) (g) and amended to read:

SB386,12,19 632.32 (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.

SB386, s. 34 Section 34. 632.32 (6) (f) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 632.32 (5) (h) and amended to read:

SB386,13,2 632.32 (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.

SB386, s. 35 Section 35. 632.32 (6) (g) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 632.32 (5) (i), and 632.32 (5) (i) (intro.), as renumbered, is amended to read:

SB386,13,9 632.32 (5) (i) (intro.) No A policy may provide that the limits under the policy for uninsured motorist coverage or underinsured motorist coverage for bodily injury or death resulting from any one accident shall be reduced by any of the following that apply:

SB386, s. 36 Section 36. Initial applicability.

SB386,13,12 (1) This act first applies to motor vehicle insurance policies issued or renewed on the effective date of this subsection.

SB386, s. 37 Section 37. Effective date.

SB386,13,15 (1) This act takes effect on November 1, 2009, or on the day after publication, whichever is later.

SB386,13,16 (End)