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As Introduced
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 261 |
REPRESENTATIVES HOTTINGER-BATCHELDER-BUCHY-GARCIA-HOUSEHOLDER-
TIBERI-VAN VYVEN-MASON-METELSKY-TAVARES-OLMAN
A BILL
To amend section 3937.18 of the Revised Code to modify Ohio's Uninsured and
Underinsured Motorists Law by limiting the insured's
right to recover when the
owner or operator of the uninsured motor vehicle has an
immunity; by requiring
independent corroborative evidence to
recover for injuries caused by an unidentified motorist; and by making other
modifications to the scope of
and coverage under the Uninsured and Underinsured Motorists
Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3937.18 of the Revised Code be amended to read as
follows:
Sec. 3937.18. (A) No automobile liability or motor
vehicle liability policy of insurance insuring 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 be delivered or
issued for delivery in this state with respect to any motor
vehicle registered or principally garaged in this state unless
both of the following coverages are provided OFFERED to persons
insured
under the policy for loss due to bodily injury or death suffered
by such persons INSUREDS:
(1) Uninsured motorist coverage, which shall be in an
amount of coverage equivalent to the automobile liability or
motor vehicle liability coverage and shall provide protection for
bodily injury, SICKNESS, or DISEASE, INCLUDING
death under provisions approved by the
superintendent of insurance, for the protection of persons
insured INSUREDS thereunder who are legally entitled to recover
damages
from owners or operators of uninsured motor vehicles because of
bodily injury, sickness, or disease, including death, suffered by
any person insured under the policy.
For purposes of division (A)(1) of this section, a person AN
INSURED
is legally entitled to recover damages if he THE INSURED is able
to prove the
elements of his THE INSURED'S claim that are necessary to
recover damages from
the owner or operator of the uninsured motor vehicle. The fact
that the owner or operator of the uninsured motor vehicle has an
immunity, whether based upon a statute or the common law, UNDER
CHAPTER 2744. of the Revised Code that could be raised as a defense in an action
brought against him THE
OWNER OR OPERATOR by
the person insured under uninsured motorist coverage does not
affect the insured person's INSURED'S right to recover under his
uninsured
motorist coverage.
HOWEVER, ANY OTHER TYPE OF STATUTORY OR COMMON LAW IMMUNITY THAT MAY BE A
DEFENSE FOR THE OWNER OR OPERATOR OF AN UNINSURED MOTOR VEHICLE SHALL ALSO BE
A
DEFENSE TO AN ACTION BROUGHT BY THE INSURED TO RECOVER UNDER UNINSURED
MOTORIST
COVERAGE.
(2) Underinsured motorist coverage, which shall be in an
amount of coverage equivalent to the automobile liability or
motor vehicle liability coverage and shall provide protection for
an insured INSUREDS THEREUNDER against loss for bodily injury,
sickness, or disease,
including death, suffered by any person insured under the policy,
where the limits of coverage available for payment to the insured
under all bodily injury liability bonds and insurance policies
covering persons liable to the insured are less than the limits
for the insured's uninsured motorist coverage. Underinsured
motorist coverage is not and shall not be excess insurance to
other applicable liability coverages, and shall be provided only
to afford the insured an amount of protection not greater than
that which would be available under the insured's uninsured
motorist coverage if the person or persons liable were uninsured
at the time of the accident. The policy limits of the
underinsured motorist coverage shall be reduced by those amounts
available for payment under all applicable bodily injury
liability bonds and insurance policies covering persons liable to
the insured.
(B) Coverages offered under division (A) of this section
shall be written for the same limits of liability. No change
shall be made in the limits of one of these coverages without an
equivalent change in the limits of the other coverage.
(C) The A named insured OR APPLICANT may only reject or accept
both
coverages offered under division (A) of this section. The A named
insured OR APPLICANT may require the issuance of such coverages for
bodily
injury or death in accordance with a schedule of optional lesser
amounts approved by the superintendent, that shall be no less
than the limits set forth in section 4509.20 of the Revised Code
for bodily injury or death. Unless the A named insured OR
APPLICANT requests
such coverages in writing, such coverages need not be provided in
or supplemental to a POLICY renewal OR REPLACEMENT policy where
the A named insured OR APPLICANT has
rejected the coverages in connection with a policy previously
issued to him THE NAMED INSURED OR APPLICANT by the same
insurer. If the A named insured OR APPLICANT has
selected uninsured motorist coverage in connection with a policy
previously issued to him THE NAMED INSURED OR APPLICANT by the
same insurer, such THE coverages
offered under division (A) of this section need not be provided
in excess of the limits of the liability previously issued for
uninsured motorist coverage, unless the A named insured OR
APPLICANT requests in
writing higher limits of liability for such coverages.
THE REJECTION OF SUCH COVERAGES, OR THE ELECTION OF LOWER LIMITS, BY ANY NAMED
INSURED OR APPLICANT SHALL
BE BINDING ON ALL INSUREDS.
(D) For the purpose of this section, a motor vehicle is
SHALL BE DEEMED uninsured if the IN EITHER OF THE FOLLOWING
CIRCUMSTANCES:
(1) THE liability insurer denies coverage or is or
becomes the subject of insolvency proceedings in any
jurisdiction;
(2) THE IDENTITY OF THE OWNER AND OPERATOR OF THE MOTOR VEHICLE
CANNOT BE DETERMINED, BUT INDEPENDENT CORROBORATIVE EVIDENCE EXISTS TO PROVE
THAT THE BODILY INJURY, SICKNESS, DISEASE, OR DEATH OF THE INSURED WAS
PROXIMATELY CAUSED BY THE NEGLIGENCE OR INTENTIONAL ACTIONS OF
THE UNIDENTIFIED OPERATOR OF THE MOTOR VEHICLE. FOR PURPOSES OF
THIS DIVISION, THE TESTIMONY OF ANY INSURED SEEKING RECOVERY
FROM THE INSURER SHALL NOT CONSTITUTE INDEPENDENT CORROBORATIVE
EVIDENCE, UNLESS THE TESTIMONY IS SUPPORTED BY ADDITIONAL
EVIDENCE.
(E) In the event of payment to any person under the
coverages required OFFERED by this section and subject to the
terms and
conditions of such coverages, the insurer making such payment to
the extent thereof is entitled to the proceeds of any settlement
or judgment resulting from the exercise of any rights of recovery
of such person against any person or organization legally
responsible for the bodily injury or death for which such payment
is made, including any amount recoverable from an insurer which
is or becomes the subject of insolvency proceedings, through such
proceedings or in any other lawful manner. No insurer shall
attempt to recover any amount against the insured of an insurer
which is or becomes the subject of insolvency proceedings, to the
extent of his THOSE rights against such insurer which such insured
assigns to the paying insurer.
(F) The coverages required OFFERED by this section shall not be
made subject to an exclusion or reduction in amount because of
any workers' compensation benefits payable as a result of the
same injury or death.
(G) Any automobile liability or motor vehicle liability
policy of insurance that includes coverages offered under
division (A) of this section may, without regard to any premiums
involved, include terms and conditions that preclude any and all
stacking of such coverages, including but not limited to:
(1) Interfamily stacking, which is the aggregating of the
limits of such coverages by the same person or two or more
persons, whether family members or not, who are not members of
the same household;
(2) Intrafamily stacking, which is the aggregating of the
limits of such coverages purchased by the same person or two or
more family members of the same household.
(H) Any automobile liability or motor vehicle liability
policy of insurance that includes coverages offered under
division (A) of this section and that provides a limit of
coverage for payment for damages for bodily injury, including
death, sustained by any one person in any one automobile
accident, may, notwithstanding Chapter 2125. of the Revised Code,
include terms and conditions to the effect that all claims
resulting from or arising out of any one person's bodily injury,
including death, shall collectively be subject to the limit of
the policy applicable to bodily injury, including death,
sustained by one person, and, for the purpose of such policy
limit shall constitute a single claim. Any such policy limit
shall be enforceable regardless of the number of insureds, claims
made, vehicles or premiums shown in the declarations or policy,
or vehicles involved in the accident.
(I) Nothing in this section shall prohibit the inclusion
of underinsured motorist coverage in any uninsured motorist
coverage provided in compliance with this section.
(J) THE COVERAGES OFFERED UNDER DIVISION (A) OF THIS
SECTION
MAY INCLUDE TERMS AND CONDITIONS THAT PRECLUDE COVERAGE FOR BODILY INJURY OR
DEATH SUFFERED BY AN INSURED UNDER EITHER OF THE FOLLOWING CIRCUMSTANCES:
(1) WHILE THE INSURED IS OPERATING OR OCCUPYING A MOTOR VEHICLE OWNED BY,
FURNISHED TO, OR AVAILABLE FOR THE REGULAR USE OF THE INSURED, A
SPOUSE, OR A RESIDENT RELATIVE, IF THE MOTOR VEHICLE IS NOT DESCRIBED
IN THE POLICY UNDER WHICH A CLAIM IS MADE, OR IS NOT A NEWLY ACQUIRED OR
REPLACEMENT MOTOR VEHICLE COVERED UNDER THE TERMS OF THE POLICY;
(2) WHILE THE INSURED IS OPERATING OR OCCUPYING A MOTOR VEHICLE WITHOUT A
REASONABLE BELIEF THAT THE INSURED IS ENTITLED TO DO SO, PROVIDED THAT UNDER
NO CIRCUMSTANCES WILL AN INSURED WHOSE LICENSE HAS BEEN SUSPENDED, REVOKED, OR
NEVER ISSUED, BE HELD TO HAVE A REASONABLE BELIEF THAT THE INSURED IS ENTITLED
TO OPERATE A MOTOR VEHICLE.
(K) AS USED IN THIS SECTION, "UNINSURED MOTOR VEHICLE" AND
"UNDERINSURED MOTOR VEHICLE" DO NOT
INCLUDE ANY OF THE FOLLOWING MOTOR VEHICLES:
(1) A MOTOR VEHICLE INSURED WITHOUT ANY APPLICABLE EXCLUSION UNDER THE
LIABILITY COVERAGE OF THE SAME
POLICY OF WHICH THE UNINSURED AND UNDERINSURED MOTOR VEHICLE COVERAGE IS A
PART;
(2) A MOTOR VEHICLE OWNED BY, FURNISHED TO, OR AVAILABLE FOR THE
REGULAR USE OF THE INSURED, A SPOUSE, OR A RESIDENT RELATIVE;
(3) A MOTOR VEHICLE DURING THE TIME IT IS OPERATED BY ANY PERSON WHO
IS SPECIFICALLY EXCLUDED FROM COVERAGE FOR BODILY INJURY LIABILITY UNDER THE
POLICY OF WHICH THE UNINSURED AND UNDERINSURED MOTOR VEHICLE COVERAGE IS A
PART;
(4) A MOTOR VEHICLE OWNED BY A POLITICAL SUBDIVISION, UNLESS THE
OPERATOR OF THE MOTOR VEHICLE HAS AN IMMUNITY
UNDER CHAPTER 2744. OF THE REVISED CODE THAT COULD
BE RAISED AS A DEFENSE IN AN ACTION BROUGHT AGAINST THE OPERATOR
BY THE INSURED;
(5) A MOTOR VEHICLE SELF-INSURED WITHIN THE MEANING OF THE FINANCIAL
RESPONSIBILITY LAW OF THE STATE IN WHICH THE MOTOR VEHICLE IS REGISTERED.
Section 2. That existing section 3937.18 of the Revised Code is hereby
repealed.
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