HOUSE AMENDED
PRIOR PRINTER'S NOS. 1149, 1294, 1593 PRINTER'S NO. 1619
No. 942 Session of 1983
INTRODUCED BY HOLL, JULY 18, 1983
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 14, 1983
AN ACT
1 Repealing the act of July 19, 1974 (P.L.489, No.176), entitled <--
2 "An act providing for a compensation system for persons
3 injured in motor vehicle accidents; requiring insurance for
4 all motor vehicles required to be registered in Pennsylvania;
5 defining compensable damage in motor vehicle accident cases;
6 establishing an assigned claims plan; providing for
7 arbitration; imposing powers and duties on courts, the
8 Department of Transportation and the Insurance Commissioner;
9 prohibiting certain discrimination; and providing penalties."
10 AMENDING TITLE 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED <--
11 STATUTES, FURTHER PROVIDING FOR FINANCIAL RESPONSIBILITY;
12 PROVIDING FOR MOTOR VEHICLE INSURANCE FIRST PARTY BENEFITS;
13 PROVIDING FOR UNINSURED AND UNDERINSURED MOTORIST COVERAGE;
14 PROVIDING FOR AN ASSIGNED RISK PLAN AND ASSIGNED CLAIMS PLAN;
15 PROVIDING FOR A CATASTROPHIC LOSS TRUST FUND; PROVIDING FOR
16 INSURANCE PREMIUMS; PROVIDING FOR FRAUD REPORTING IMMUNITY;
17 PROVIDING FOR JUDICIAL ARBITRATION LIMITS; AND MAKING
18 REPEALS.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. The act of July 19, 1974 (P.L.489, No.176), known <--
22 as the Pennsylvania No-fault Motor Vehicle Insurance Act, is
23 repealed.
24 Section 2. This act shall take effect six months after
1 passage.
2 SECTION 1. THE DEFINITION OF "PROOF OF INSURANCE" IN SECTION <--
3 102 OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS
4 AMENDED TO READ:
5 § 102. DEFINITIONS.
6 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
7 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
8 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
9 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
10 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
11 * * *
12 ["PROOF OF INSURANCE." A CARD ISSUED BY AN INSURANCE CARRIER
13 IN COMPLIANCE WITH REGULATIONS OF THE INSURANCE COMMISSIONER
14 EVIDENCING THAT THE VEHICLE IS COVERED BY THE INSURANCE REQUIRED
15 IN SECTION 104(A) OF THE ACT OF JULY 19, 1974 (P.L.489, NO.176),
16 KNOWN AS THE "PENNSYLVANIA NO-FAULT MOTOR VEHICLE INSURANCE ACT"
17 AND REGULATIONS ISSUED THEREUNDER, OR A CARD EVIDENCING THAT THE
18 VEHICLE IS SELF-INSURED IN COMPLIANCE WITH THAT ACT AND
19 REGULATIONS.]
20 * * *
21 SECTION 2. SECTIONS 1117(A), 1305(A), 1306, 1309 AND 1373 OF
22 TITLE 75 ARE AMENDED TO READ:
23 § 1117. VEHICLE DESTROYED OR JUNKED.
24 (A) APPLICATION FOR CERTIFICATE OF JUNK.--ANY OWNER WHO
25 TRANSFERS A VEHICLE AS SCRAP, OR TO BE DESTROYED OR JUNKED,
26 SHALL ASSIGN THE CERTIFICATE OF TITLE TO THE PERSON TO WHOM THE
27 VEHICLE IS TRANSFERRED. THE TRANSFEREE SHALL RETURN THE ASSIGNED
28 CERTIFICATE OF TITLE TO THE DEPARTMENT IMMEDIATELY WITH AN
29 APPLICATION FOR A CERTIFICATE OF JUNK UPON A FORM FURNISHED AND
30 PRESCRIBED BY THE DEPARTMENT. AN INSURER, AS DEFINED IN [THE ACT
19830S0942B1619 - 2 -
1 OF JULY 19, 1974 (P.L.489, NO.176), KNOWN AS THE "PENNSYLVANIA
2 NO-FAULT MOTOR VEHICLE INSURANCE ACT,"] SECTION 1702 (RELATING
3 TO DEFINITIONS), TO WHICH TITLE TO A VEHICLE IS ASSIGNED UPON
4 PAYMENT TO THE INSURED OF THE REPLACEMENT VALUE OF THE VEHICLE,
5 SHALL BE REGARDED AS A TRANSFEREE UNDER THIS SUBSECTION.
6 * * *
7 § 1305. APPLICATION FOR REGISTRATION.
8 (A) GENERAL RULE.--APPLICATION FOR THE REGISTRATION OF A
9 VEHICLE SHALL BE MADE TO THE DEPARTMENT UPON THE APPROPRIATE
10 FORM OR FORMS FURNISHED BY THE DEPARTMENT. THE APPLICATION SHALL
11 CONTAIN THE FULL NAME AND ADDRESS OF THE OWNER OR OWNERS; THE
12 MAKE, MODEL, YEAR AND VEHICLE IDENTIFICATION NUMBER OF THE
13 VEHICLE; AND SUCH OTHER INFORMATION AS THE DEPARTMENT MAY
14 REQUIRE. APPLICANTS FOR REGISTRATION OF A TRUCK, TRUCK TRACTOR,
15 TRAILER OR BUS SHALL PROVIDE THE VEHICLE'S GROSS VEHICLE WEIGHT
16 RATING (GVWR), OR THE GROSS COMBINATION WEIGHT RATING (GCWR), AS
17 APPLICABLE. IF THE MANUFACTURER'S RATINGS ARE NOT AVAILABLE, THE
18 APPLICANT SHALL PROVIDE SUFFICIENT INFORMATION AS TO THE
19 HORSEPOWER, BRAKING CAPACITY AND SUCH OTHER DATA AS NECESSARY
20 FOR THE DEPARTMENT TO DETERMINE AN EQUIVALENT MEASURE OF THE
21 VEHICLE'S HAULING AND STOPPING CAPABILITY. IF THE APPLICANT
22 WISHES TO REGISTER A VEHICLE AT A REGISTERED GROSS WEIGHT LESS
23 THAN THE GROSS VEHICLE WEIGHT RATING, THE APPLICATION SHALL
24 INCLUDE INFORMATION AS TO WEIGHT, LOAD AND ANY OTHER SUCH
25 INFORMATION AS THE DEPARTMENT MAY REQUIRE. THE APPLICATION SHALL
26 BE ACCOMPANIED BY [PROOF OF INSURANCE] SELF-CERTIFICATION OF
27 FINANCIAL RESPONSIBILITY AND THE APPLICABLE FEE.
28 * * *
29 § 1306. GROUNDS FOR REFUSING REGISTRATION.
30 THE DEPARTMENT SHALL REFUSE REGISTRATION OR RENEWAL OR
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1 TRANSFER OF REGISTRATION WHEN ANY OF THE FOLLOWING CIRCUMSTANCES
2 EXISTS:
3 (1) THE APPLICANT IS NOT ENTITLED TO REGISTRATION UNDER
4 THE PROVISIONS OF THIS CHAPTER.
5 (2) THE APPLICANT HAS AT REGISTRATION OR TITLING
6 NEGLECTED OR REFUSED TO FURNISH THE DEPARTMENT WITH THE
7 INFORMATION REQUIRED ON THE APPROPRIATE OFFICIAL FORM, OR ANY
8 REASONABLE ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT.
9 (3) THE DEPARTMENT HAS REASONABLE GROUNDS TO BELIEVE
10 THAT THE APPLICATION CONTAINS FALSE OR FRAUDULENT
11 INFORMATION, OR THAT THE VEHICLE IS STOLEN, WHICH FACT THE
12 DEPARTMENT SHALL ASCERTAIN BY REFERENCE TO THE STOLEN VEHICLE
13 FILE REQUIRED TO BE MAINTAINED UNDER SECTION 7114 (RELATING
14 TO RECORDS OF STOLEN VEHICLES), OR THAT THE GRANTING OF
15 REGISTRATION WOULD CONSTITUTE A FRAUD AGAINST THE RIGHTFUL
16 OWNER OR OTHER PERSON HAVING A VALID LIEN UPON THE VEHICLE.
17 (4) THE FEES REQUIRED BY LAW HAVE NOT BEEN PAID.
18 (5) THE VEHICLE IS NOT CONSTRUCTED OR EQUIPPED AS
19 REQUIRED BY THIS TITLE.
20 (6) THE REGISTRATION OF THE VEHICLE STANDS SUSPENDED FOR
21 ANY REASON AS PROVIDED FOR IN THIS TITLE.
22 (7) THE CATASTROPHIC LOSS TRUST FUND CHARGE HAS NOT BEEN
23 PAID.
24 § 1309. RENEWAL OF REGISTRATION.
25 AT LEAST 60 DAYS PRIOR TO THE EXPIRATION OF EACH
26 REGISTRATION, THE DEPARTMENT SHALL SEND TO THE REGISTRANT AN
27 APPLICATION FOR RENEWAL OF REGISTRATION. UPON RETURN OF THE
28 APPLICATION, ACCOMPANIED BY [PROOF OF INSURANCE AND] SELF-
29 CERTIFICATION OF FINANCIAL RESPONSIBILITY, THE APPLICABLE FEE OR
30 FEES AND PROOF THAT THE CATASTROPHIC LOSS TRUST FUND CHARGE HAS <--
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1 BEEN PAID, THE DEPARTMENT SHALL SEND TO THE REGISTRANT A RENEWED
2 REGISTRATION CARD. FAILURE TO RECEIVE A RENEWAL APPLICATION
3 SHALL NOT RELIEVE A REGISTRANT FROM THE RESPONSIBILITY TO RENEW
4 THE REGISTRATION.
5 § 1373. SUSPENSION OF REGISTRATION.
6 THE DEPARTMENT MAY SUSPEND ANY REGISTRATION AFTER PROVIDING
7 OPPORTUNITY FOR A HEARING IN ANY OF THE FOLLOWING CASES WHEN THE
8 DEPARTMENT FINDS UPON SUFFICIENT EVIDENCE THAT:
9 (1) THE VEHICLE IS UNSAFE OR UNFIT FOR OPERATION OR IS
10 NOT EQUIPPED AS REQUIRED BY THIS TITLE.
11 (2) THE OWNER OR REGISTRANT HAS MADE, OR PERMITTED TO BE
12 MADE, ANY UNLAWFUL USE OF THE VEHICLE OR REGISTRATION PLATE
13 OR PLATES, OR REGISTRATION CARD, OR PERMITTED THE USE BY A
14 PERSON NOT ENTITLED THERETO.
15 (3) THE OWNER OR REGISTRANT HAS KNOWINGLY MADE A FALSE
16 STATEMENT OR KNOWINGLY CONCEALED A MATERIAL FACT OR OTHERWISE
17 COMMITTED A FRAUD IN ANY APPLICATION OR FORM REQUIRED TO BE
18 FILED BY THIS TITLE.
19 (4) UPON THE REQUEST OR ORDER OF ANY COURT OF RECORD.
20 (5) THE REQUIRED FEES HAVE NOT BEEN PAID.
21 (6) THE REGISTRANT OR ANY AGENT OR EMPLOYEE HAS
22 REPEATEDLY VIOLATED ANY OF THE PROVISIONS OF THIS CHAPTER OR
23 CHAPTER 11 (RELATING TO CERTIFICATE OF TITLE AND SECURITY
24 INTERESTS).
25 (7) THE CATASTROPHIC LOSS TRUST FUND CHARGE HAS NOT BEEN
26 PAID.
27 SECTION 3. CHAPTER 17 OF TITLE 75 IS REPEALED AND A CHAPTER
28 IS ADDED TO READ:
29 CHAPTER 17
30 FINANCIAL RESPONSIBILITY
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1 SUBCHAPTER
2 A. GENERAL PROVISIONS
3 B. MOTOR VEHICLE LIABILITY INSURANCE FIRST PARTY BENEFITS
4 C. UNINSURED AND UNDERINSURED MOTORIST COVERAGE
5 D. ASSIGNED RISK PLAN
6 E. ASSIGNED CLAIMS PLAN
7 F. CATASTROPHIC LOSS TRUST FUND.
8 G. NONPAYMENT OF JUDGMENTS
9 H. PROOF OF FINANCIAL RESPONSIBILITY
10 I. MISCELLANEOUS PROVISIONS
11 SUBCHAPTER A
12 GENERAL PROVISIONS
13 SEC.
14 1701. SHORT TITLE OF CHAPTER.
15 1702. DEFINITIONS.
16 1703. APPLICATION OF CHAPTER.
17 1704. ADMINISTRATION OF CHAPTER.
18 § 1701. SHORT TITLE OF CHAPTER.
19 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE MOTOR
20 VEHICLE FINANCIAL RESPONSIBILITY LAW.
21 § 1702. DEFINITIONS.
22 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
23 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
24 CONTEXT CLEARLY INDICATES OTHERWISE:
25 "BENEFITS" OR "FIRST PARTY BENEFITS." MEDICAL BENEFITS,
26 INCOME LOSS BENEFITS, ACCIDENTAL DEATH BENEFITS AND FUNERAL
27 BENEFITS.
28 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OR INSURANCE
29 DEPARTMENT, AS APPLICABLE.
30 "FINANCIAL RESPONSIBILITY." THE ABILITY TO RESPOND IN
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1 DAMAGES FOR LIABILITY ON ACCOUNT OF ACCIDENTS ARISING OUT OF THE
2 OWNERSHIP, MAINTENANCE OR USE OF A MOTOR VEHICLE IN THE AMOUNT
3 OF $20,000 PRIOR TO JULY 1, 1986 AND $25,000 ON OR AFTER THAT
4 DATE BECAUSE OF INJURY TO ONE PERSON IN ANY ONE ACCIDENT, IN THE
5 AMOUNT OF $40,000 PRIOR TO JULY 1, 1986 AND $50,000 ON OR AFTER
6 THAT DATE BECAUSE OF INJURY TO TWO OR MORE PERSONS IN ANY ONE
7 ACCIDENT AND IN THE AMOUNT OF $7,500 PRIOR TO JULY 1, 1986 AND
8 $10,000 ON OR AFTER THAT DATE BECAUSE OF DAMAGE TO PROPERTY OF
9 OTHERS IN ANY ONE ACCIDENT. THE FINANCIAL RESPONSIBILITY SHALL
10 BE IN A FORM ACCEPTABLE TO THE DEPARTMENT OF TRANSPORTATION.
11 "INJURY." ACCIDENTALLY SUSTAINED BODILY HARM TO AN
12 INDIVIDUAL AND THAT INDIVIDUAL'S ILLNESS, DISEASE OR DEATH
13 RESULTING THEREFROM.
14 "INSURED." ANY OF THE FOLLOWING:
15 (1) AN INDIVIDUAL IDENTIFIED BY NAME AS AN INSURED IN A
16 POLICY OF MOTOR VEHICLE LIABILITY INSURANCE.
17 (2) IF RESIDING IN THE HOUSEHOLD OF THE NAMED INSURED:
18 (I) A SPOUSE OR OTHER RELATIVE OF THE NAMED INSURED;
19 OR
20 (II) A MINOR IN THE CUSTODY OF EITHER THE NAMED
21 INSURED OR RELATIVE OF THE NAMED INSURED.
22 "INSURER" OR "INSURANCE COMPANY." A MOTOR VEHICLE LIABILITY
23 INSURER SUBJECT TO THE REQUIREMENTS OF THIS CHAPTER.
24 "UNDERINSURED MOTOR VEHICLE." A MOTOR VEHICLE FOR WHICH THE
25 LIMITS OF AVAILABLE LIABILITY INSURANCE AND SELF-INSURANCE ARE
26 INSUFFICIENT TO PAY LOSSES AND DAMAGES.
27 "UNINSURED MOTOR VEHICLE." ANY OF THE FOLLOWING:
28 (1) A MOTOR VEHICLE FOR WHICH THERE IS NO LIABILITY
29 INSURANCE OR SELF-INSURANCE APPLICABLE AT THE TIME OF THE
30 ACCIDENT.
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1 (2) A MOTOR VEHICLE FOR WHICH THE INSURANCE COMPANY
2 DENIES COVERAGE OR THE INSURANCE COMPANY IS OR BECOMES
3 INVOLVED IN INSOLVENCY PROCEEDINGS IN ANY JURISDICTION.
4 (3) AN UNIDENTIFIED MOTOR VEHICLE THAT CAUSES AN
5 ACCIDENT RESULTING IN INJURY PROVIDED THE ACCIDENT IS
6 REPORTED TO THE POLICE OR PROPER GOVERNMENTAL AUTHORITY AND
7 THE CLAIMANT NOTIFIES HIS INSURER WITHIN 30 DAYS, OR AS SOON
8 AS PRACTICABLE THEREAFTER, THAT THE CLAIMANT OR HIS LEGAL
9 REPRESENTATIVE HAS A LEGAL ACTION ARISING OUT OF THE
10 ACCIDENT.
11 § 1703. APPLICATION OF CHAPTER.
12 THIS CHAPTER DOES NOT APPLY WITH RESPECT TO ANY MOTOR VEHICLE
13 OWNED BY THE UNITED STATES.
14 § 1704. ADMINISTRATION OF CHAPTER.
15 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), THE
16 DEPARTMENT OF TRANSPORTATION SHALL ADMINISTER AND ENFORCE THIS
17 CHAPTER AND MAY MAKE RULES AND REGULATIONS NECESSARY FOR THE
18 ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER.
19 (B) INSURANCE MATTERS.--THE INSURANCE DEPARTMENT SHALL
20 ADMINISTER AND ENFORCE THOSE PROVISIONS OF THIS CHAPTER AS TO
21 MATTERS UNDER ITS JURISDICTION AS DETERMINED BY THIS CHAPTER OR
22 OTHER STATUTE AND MAY MAKE RULES AND REGULATIONS NECESSARY FOR
23 THE ADMINISTRATION AND ENFORCEMENT OF THOSE PROVISIONS.
24 SUBCHAPTER B
25 MOTOR VEHICLE LIABILITY INSURANCE
26 FIRST PARTY BENEFITS
27 SEC.
28 1711. REQUIRED MEDICAL BENEFIT.
29 1712. AVAILABILITY OF BENEFITS.
30 1713. SOURCE OF BENEFITS.
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1 1714. INELIGIBLE CLAIMANTS.
2 1715. AVAILABILITY OF ADEQUATE LIMITS.
3 1716. PAYMENT OF BENEFITS.
4 1717. STACKING OF BENEFITS.
5 1718. EXCLUSION FROM BENEFITS.
6 1719. COORDINATION OF BENEFITS.
7 1720. SUBROGATION.
8 1721. STATUTE OF LIMITATIONS.
9 1722. PRECLUSION OF PLEADING AND PROVING OF REQUIRED MEDICAL
10 BENEFIT.
11 1723. REPORTING REQUIREMENTS.
12 § 1711. REQUIRED MEDICAL BENEFIT.
13 AN INSURER ISSUING OR DELIVERING LIABILITY INSURANCE POLICIES
14 COVERING ANY MOTOR VEHICLE OF THE TYPE REQUIRED TO BE REGISTERED
15 UNDER THIS TITLE, EXCEPT RECREATIONAL VEHICLES NOT INTENDED FOR
16 HIGHWAY USE, MOTORCYCLES, MOTOR-DRIVEN CYCLES OR MOTORIZED
17 PEDALCYCLES OR LIKE TYPE VEHICLES, REGISTERED AND OPERATED IN
18 THIS COMMONWEALTH SHALL INCLUDE COVERAGE PROVIDING A MEDICAL
19 BENEFIT, AS DEFINED IN SECTION 1712(1) (RELATING TO AVAILABILITY
20 OF BENEFITS), WITH RESPECT TO INJURY ARISING OUT OF THE
21 OWNERSHIP, MAINTENANCE OR USE OF A MOTOR VEHICLE, IN THE AMOUNT
22 OF $5,000. INSURANCE POLICIES ISSUED IN ACCORDANCE WITH THIS
23 SUBCHAPTER MAY ALSO PROVIDE HIGHER AMOUNTS OF COVERAGE AND OTHER
24 TYPES OF COVERAGE.
25 § 1712. AVAILABILITY OF BENEFITS.
26 AN INSURER ISSUING OR DELIVERING LIABILITY INSURANCE POLICIES
27 COVERING ANY MOTOR VEHICLE OF THE TYPE REQUIRED TO BE REGISTERED
28 UNDER THIS TITLE, EXCEPT RECREATIONAL VEHICLES NOT INTENDED FOR
29 HIGHWAY USE, MOTORCYCLES, MOTOR-DRIVEN CYCLES OR MOTORIZED
30 PEDALCYCLES OR LIKE TYPE VEHICLES, REGISTERED AND OPERATED IN
19830S0942B1619 - 9 -
1 THIS COMMONWEALTH SHALL MAKE AVAILABLE FOR PURCHASE FIRST PARTY
2 BENEFITS WITH RESPECT TO INJURY ARISING OUT OF THE OWNERSHIP,
3 MAINTENANCE OR USE OF A MOTOR VEHICLE AS FOLLOWS:
4 (1) MEDICAL BENEFIT.--ALL REASONABLE AND NECESSARY
5 EXPENSES FOR MEDICAL TREATMENT AND REHABILITATIVE SERVICES,
6 INCLUDING, BUT NOT LIMITED TO, HOSPITAL, DENTAL, SURGICAL,
7 AMBULANCE, CHIROPRACTIC, LICENSED PHYSICAL THERAPY, NURSING
8 SERVICES, VOCATIONAL REHABILITATION AND OCCUPATIONAL THERAPY,
9 MEDICATIONS, MEDICAL SUPPLIES AND PROSTHETIC DEVICES, ALL
10 WITHOUT LIMITATION AS TO TIME, PROVIDED THAT, WITHIN 18
11 MONTHS FROM THE DATE OF THE ACCIDENT CAUSING INJURY, IT IS
12 ASCERTAINABLE WITH REASONABLE MEDICAL PROBABILITY THAT
13 FURTHER EXPENSES MAY BE INCURRED AS A RESULT OF THE INJURY.
14 BENEFITS UNDER THIS PARAGRAPH MAY INCLUDE ANY NONMEDICAL
15 REMEDIAL CARE AND TREATMENT RENDERED IN ACCORDANCE WITH A
16 RECOGNIZED RELIGIOUS METHOD OF HEALING. EXPENSES FOR HOSPITAL
17 ROOM CHARGES MAY BE LIMITED TO SEMIPRIVATE ACCOMMODATIONS.
18 (2) INCOME LOSS BENEFIT.--INCLUDES THE FOLLOWING:
19 (I) EIGHTY PERCENT OF ACTUAL LOSS OF GROSS INCOME.
20 (II) REASONABLE EXPENSES ACTUALLY INCURRED FOR
21 HIRING A SUBSTITUTE TO PERFORM SELF-EMPLOYMENT SERVICES
22 THEREBY MITIGATING LOSS OF GROSS INCOME OR FOR HIRING
23 SPECIAL HELP THEREBY ENABLING A PERSON TO WORK AND
24 MITIGATE LOSS OF GROSS INCOME.
25 INCOME LOSS DOES NOT INCLUDE LOSS OF EXPECTED INCOME FOR ANY
26 PERIOD FOLLOWING THE DEATH OF AN INDIVIDUAL OR EXPENSES
27 INCURRED FOR SERVICES PERFORMED FOLLOWING THE DEATH OF AN
28 INDIVIDUAL. INCOME LOSS SHALL NOT COMMENCE UNTIL FIVE WORKING
29 DAYS HAVE BEEN LOST AFTER THE DATE OF THE ACCIDENT.
30 (3) ACCIDENTAL DEATH BENEFIT.--A DEATH BENEFIT PAID TO
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1 THE PERSONAL REPRESENTATIVE OF THE INSURED, SHOULD INJURY
2 RESULTING FROM A MOTOR VEHICLE ACCIDENT CAUSE DEATH WITHIN 24
3 MONTHS FROM THE DATE OF THE ACCIDENT.
4 (4) FUNERAL BENEFIT.--EXPENSES DIRECTLY RELATED TO THE
5 FUNERAL, BURIAL, CREMATION OR OTHER FORM OF DISPOSITION OF
6 THE REMAINS OF A DECEASED INDIVIDUAL, INCURRED AS A RESULT OF
7 THE DEATH OF THE INDIVIDUAL AS A RESULT OF THE ACCIDENT AND
8 WITHIN 24 MONTHS FROM THE DATE OF THE ACCIDENT.
9 (5) COMBINATION BENEFIT.--A COMBINATION OF BENEFITS
10 DESCRIBED IN PARAGRAPHS (1) THROUGH (4) AS AN ALTERNATIVE TO
11 THE SEPARATE PURCHASE OF THOSE BENEFITS.
12 § 1713. SOURCE OF BENEFITS.
13 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SECTION 1714
14 (RELATING TO INELIGIBLE CLAIMANTS), A PERSON INJURED IN A MOTOR
15 VEHICLE ACCIDENT SHALL RECOVER FIRST PARTY BENEFITS AGAINST
16 APPLICABLE INSURANCE COVERAGE IN THE FOLLOWING ORDER OF
17 PRIORITY:
18 (1) FOR A NAMED INSURED, THE POLICY ON WHICH HE IS THE
19 NAMED INSURED.
20 (2) FOR AN INSURED, THE POLICY COVERING THE INSURED.
21 (3) FOR THE OCCUPANTS OF AN INSURED MOTOR VEHICLE, THE
22 POLICY ON THAT MOTOR VEHICLE.
23 (4) FOR A PERSON WHO IS NOT THE OCCUPANT OF A MOTOR
24 VEHICLE, THE POLICY ON ANY MOTOR VEHICLE INVOLVED IN THE
25 ACCIDENT. FOR THE PURPOSE OF THIS PARAGRAPH, A PARKED AND
26 UNOCCUPIED MOTOR VEHICLE IS NOT A MOTOR VEHICLE INVOLVED IN
27 AN ACCIDENT UNLESS IT WAS PARKED SO AS TO CAUSE UNREASONABLE
28 RISK OF INJURY.
29 (B) MULTIPLE SOURCES OF EQUAL PRIORITY.--THE INSURER AGAINST
30 WHOM A CLAIM IS ASSERTED FIRST UNDER THE PRIORITIES SET FORTH IN
19830S0942B1619 - 11 -
1 SUBSECTION (A) SHALL PROCESS AND PAY THE CLAIM AS IF WHOLLY
2 RESPONSIBLE. THE INSURER IS THEREAFTER ENTITLED TO RECOVER
3 CONTRIBUTION PRO RATA FROM ANY OTHER INSURER FOR THE BENEFITS
4 PAID AND THE COSTS OF PROCESSING THE CLAIM. IF CONTRIBUTION IS
5 SOUGHT AMONG INSURERS RESPONSIBLE UNDER SUBSECTION (A)(4),
6 PRORATION SHALL BE BASED ON THE NUMBER OF INVOLVED MOTOR
7 VEHICLES.
8 § 1714. INELIGIBLE CLAIMANTS.
9 AN OWNER OF A CURRENTLY REGISTERED MOTOR VEHICLE WHO DOES NOT
10 HAVE FINANCIAL RESPONSIBILITY OR AN OPERATOR OR OCCUPANT OF A
11 RECREATIONAL VEHICLE NOT INTENDED FOR HIGHWAY USE, MOTORCYCLE,
12 MOTOR-DRIVEN CYCLE, MOTORIZED PEDALCYCLE OR LIKE TYPE VEHICLE
13 REQUIRED TO BE REGISTERED UNDER THIS TITLE CANNOT RECOVER FIRST
14 PARTY BENEFITS.
15 § 1715. AVAILABILITY OF ADEQUATE LIMITS.
16 (A) GENERAL RULE.--AN INSURER SHALL MAKE AVAILABLE FOR
17 PURCHASE FIRST PARTY BENEFITS AS FOLLOWS:
18 (1) FOR MEDICAL BENEFITS, UP TO AT LEAST $100,000.
19 (2) FOR INCOME LOSS BENEFITS, UP TO AT LEAST $2,500 PER
20 MONTH UP TO A MAXIMUM BENEFIT OF AT LEAST $50,000.
21 (3) FOR ACCIDENTAL DEATH BENEFITS, UP TO AT LEAST
22 $25,000.
23 (4) FOR FUNERAL BENEFITS, $2,500.
24 (5) FOR COMBINATION OF BENEFITS ENUMERATED IN PARAGRAPHS
25 (1) THROUGH (4) AND SUBJECT TO A LIMIT ON THE ACCIDENTAL
26 DEATH BENEFIT OF UP TO $25,000 AND A LIMIT ON THE FUNERAL
27 BENEFIT OF $2,500, UP TO AT LEAST $277,500 OF BENEFITS IN THE
28 AGGREGATE OR BENEFITS PAYABLE UP TO THREE YEARS FROM THE DATE
29 OF THE ACCIDENT, WHICHEVER OCCURS FIRST.
30 (B) HIGHER OR LOWER LIMITS AND ADDITIONAL BENEFITS.--AN
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1 INSURED MAY ELECT TO PURCHASE HIGHER OR LOWER LIMITS OR
2 ADDITIONAL BENEFITS THAN THOSE ENUMERATED IN SUBSECTION (A).
3 (C) RESTRICTION ON PROVIDING FIRST PARTY BENEFITS.--AN
4 INSURER SHALL NOT ISSUE OR DELIVER A POLICY PROVIDING FIRST
5 PARTY BENEFITS IN ACCORDANCE WITH THIS SUBCHAPTER UNLESS THE
6 POLICY ALSO CONTAINS COVERAGE FOR LIABILITY IN AMOUNTS AT LEAST
7 EQUAL TO THE LIMITS REQUIRED FOR FINANCIAL RESPONSIBILITY.
8 § 1716. PAYMENT OF BENEFITS.
9 BENEFITS ARE OVERDUE IF NOT PAID WITHIN 30 DAYS AFTER THE
10 INSURER RECEIVES REASONABLE PROOF OF THE AMOUNT OF THE BENEFITS.
11 IF REASONABLE PROOF IS NOT SUPPLIED AS TO ALL BENEFITS, THE
12 PORTION SUPPORTED BY REASONABLE PROOF IS OVERDUE IF NOT PAID
13 WITHIN 30 DAYS AFTER THE PROOF IS RECEIVED BY THE INSURER.
14 OVERDUE BENEFITS SHALL BEAR INTEREST AT THE RATE OF 12% PER
15 ANNUM FROM THE DATE THE BENEFITS BECOME DUE. IN THE EVENT THE
16 INSURER IS FOUND TO HAVE ACTED IN AN UNREASONABLE MANNER IN
17 REFUSING TO PAY THE BENEFITS WHEN DUE, THE INSURER SHALL PAY, IN
18 ADDITION TO THE BENEFITS OWED AND THE INTEREST THEREON, A
19 REASONABLE ATTORNEY FEE BASED UPON ACTUAL TIME EXPENDED.
20 § 1717. STACKING OF BENEFITS.
21 AN INSURER MAY PROVIDE THAT FIRST PARTY BENEFITS SHALL NOT BE
22 INCREASED BY STACKING THE LIMITS OF COVERAGE OF:
23 (1) MULTIPLE MOTOR VEHICLES COVERED UNDER THE SAME
24 POLICY OF INSURANCE; OR
25 (2) MULTIPLE MOTOR VEHICLE POLICIES COVERING THE
26 INDIVIDUAL FOR THE SAME LOSS.
27 § 1718. EXCLUSION FROM BENEFITS.
28 (A) GENERAL RULE.--AN INSURER MAY EXCLUDE FROM BENEFITS ANY
29 INSURED, OR HIS PERSONAL REPRESENTATIVE, UNDER A POLICY
30 ENUMERATED IN SECTION 1711 (RELATING TO REQUIRED MEDICAL
19830S0942B1619 - 13 -
1 BENEFIT) OR 1712 (RELATING TO AVAILABILITY OF BENEFITS), WHEN
2 THE CONDUCT OF THE INSURED CONTRIBUTED TO THE INJURY SUSTAINED
3 BY THE INSURED IN ANY OF THE FOLLOWING WAYS:
4 (1) WHILE INTENTIONALLY INJURING HIMSELF OR ANOTHER OR
5 ATTEMPTING TO INTENTIONALLY INJURE HIMSELF OR ANOTHER.
6 (2) WHILE COMMITTING A FELONY.
7 (3) WHILE SEEKING TO ELUDE LAWFUL APPREHENSION OR ARREST
8 BY A LAW ENFORCEMENT OFFICIAL.
9 (B) CONVERSION OF VEHICLE.--A PERSON WHO KNOWINGLY CONVERTS
10 A MOTOR VEHICLE IS INELIGIBLE TO RECEIVE FIRST PARTY BENEFITS
11 FROM ANY SOURCE OTHER THAN A POLICY OF INSURANCE UNDER WHICH HE
12 IS AN INSURED FOR ANY INJURY ARISING OUT OF THE MAINTENANCE OR
13 USE OF THE CONVERTED VEHICLE.
14 § 1719. COORDINATION OF BENEFITS.
15 (A) GENERAL RULE.--EXCEPT FOR WORKERS' COMPENSATION, A
16 POLICY OF INSURANCE ISSUED OR DELIVERED PURSUANT TO THIS
17 SUBCHAPTER SHALL BE PRIMARY. ANY PROGRAM, GROUP CONTRACT OR
18 OTHER ARRANGEMENT FOR PAYMENT OF BENEFITS, SUCH AS DESCRIBED IN
19 SECTION 1711 (RELATING TO REQUIRED MEDICAL BENEFIT) OR 1712(1)
20 AND (2) (RELATING TO AVAILABILITY OF BENEFITS), SHALL BE
21 CONSTRUED TO CONTAIN A PROVISION THAT ALL BENEFITS PROVIDED
22 THEREIN SHALL BE IN EXCESS OF AND NOT IN DUPLICATION OF ANY
23 VALID AND COLLECTIBLE FIRST PARTY BENEFITS PROVIDED IN SECTION
24 1711 OR 1712.
25 (B) DEFINITION.--AS USED IN THIS SECTION THE TERM "PROGRAM,
26 GROUP CONTRACT OR OTHER ARRANGEMENT" INCLUDES, BUT IS NOT
27 LIMITED TO, BENEFITS PAYABLE BY A HOSPITAL PLAN CORPORATION OR A
28 PROFESSIONAL HEALTH SERVICE CORPORATION SUBJECT TO 40 PA.C.S.
29 CH. 61 (RELATING TO HOSPITAL PLAN CORPORATIONS) OR 63 (RELATING
30 TO PROFESSIONAL HEALTH SERVICES PLAN CORPORATIONS).
19830S0942B1619 - 14 -
1 § 1720. SUBROGATION.
2 THERE SHALL BE NO RIGHT OF SUBROGATION OR REIMBURSEMENT FROM
3 A CLAIMANT'S TORT RECOVERY WITH RESPECT TO WORKERS' COMPENSATION
4 BENEFITS, BENEFITS AVAILABLE UNDER SECTION 1711 (RELATING TO
5 REQUIRED MEDICAL BENEFIT) OR 1712 (RELATING TO AVAILABILITY OF
6 BENEFITS) OR BENEFITS IN LIEU THEREOF PAID OR PAYABLE UNDER
7 SECTION 1719 (RELATING TO COORDINATION OF BENEFITS).
8 § 1721. STATUTE OF LIMITATIONS.
9 (A) GENERAL RULE.--IF BENEFITS HAVE NOT BEEN PAID, AN ACTION
10 FOR FIRST PARTY BENEFITS SHALL BE COMMENCED WITHIN FOUR YEARS
11 FROM THE DATE OF THE ACCIDENT GIVING RISE TO THE CLAIM. IF FIRST
12 PARTY BENEFITS HAVE BEEN PAID, AN ACTION FOR FURTHER BENEFITS
13 SHALL BE COMMENCED WITHIN FOUR YEARS FROM THE DATE OF THE LAST
14 PAYMENT.
15 (B) MINORS.--FOR MINORS ENTITLED TO MEDICAL BENEFITS
16 DESCRIBED IN SECTION 1711 (RELATING TO REQUIRED MEDICAL BENEFIT)
17 OR 1712(1) (RELATING TO AVAILABILITY OF BENEFITS), AN ACTION FOR
18 MEDICAL BENEFITS SHALL BE COMMENCED WITHIN FOUR YEARS FROM THE
19 DATE ON WHICH THE INJURED MINOR ATTAINS 18 YEARS OF AGE.
20 (C) DEFINITION.--AS USED IN THIS SECTION THE TERM "FURTHER
21 BENEFITS" MEANS EXPENSES INCURRED NOT EARLIER THAN FOUR YEARS
22 PRECEDING THE DATE AN ACTION IS COMMENCED.
23 § 1722. PRECLUSION OF PLEADING AND PROVING OF REQUIRED
24 MEDICAL BENEFIT.
25 IN ANY ACTION FOR DAMAGES AGAINST A TORTFEASOR ARISING OUT OF
26 THE OWNERSHIP, MAINTENANCE OR USE OF A MOTOR VEHICLE, A PERSON
27 WHO IS ELIGIBLE TO RECEIVE MEDICAL BENEFITS UNDER THE MINIMUM
28 REQUIRED COVERAGE SET FORTH IN SECTION 1711 (RELATING TO
29 REQUIRED MEDICAL BENEFIT) SHALL BE PRECLUDED FROM PLEADING OR
30 INTRODUCING INTO EVIDENCE THE AMOUNT OF MEDICAL AND
19830S0942B1619 - 15 -
1 REHABILITATIVE EXPENSES FOR WHICH SUCH BENEFITS WERE PAID OR ARE
2 PAYABLE. THIS PRECLUSION APPLIES ONLY TO THE AMOUNT OF REQUIRED
3 MEDICAL BENEFITS SET FORTH IN SECTION 1711.
4 § 1723. REPORTING REQUIREMENTS.
5 BEGINNING DECEMBER 31, 1985, AND EACH YEAR THEREAFTER, EACH
6 INSURANCE COMPANY WRITING AUTOMOBILE INSURANCE IN THIS
7 COMMONWEALTH SHALL FILE WITH THE INSURANCE DEPARTMENT THE NUMBER
8 OF ITS INSUREDS, THE NUMBER OF ITS INSUREDS WHO HAVE PURCHASED
9 FIRST PARTY MEDICAL BENEFITS IN EXCESS OF THE MINIMUM REQUIRED
10 BY SECTION 1711 (RELATING TO REQUIRED MEDICAL BENEFIT) AND THE
11 NUMBER OF INSUREDS WHO HAVE PURCHASED FIRST PARTY MEDICAL
12 BENEFITS IN THE AMOUNT OF $100,000. THE INSURANCE DEPARTMENT
13 SHALL FURNISH THIS INFORMATION TO THE GENERAL ASSEMBLY.
14 SUBCHAPTER C
15 UNINSURED AND UNDERINSURED MOTORIST COVERAGE
16 SEC.
17 1731. SCOPE AND AMOUNT OF COVERAGE.
18 1732. LIMITS OF COVERAGE.
19 1733. PRIORITY OF RECOVERY.
20 1734. REQUEST FOR LOWER OR HIGHER LIMITS OF COVERAGE.
21 1735. COVERAGES UNAFFECTED BY WORKERS' COMPENSATION BENEFITS.
22 1736. COVERAGES IN EXCESS OF REQUIRED AMOUNTS.
23 § 1731. SCOPE AND AMOUNT OF COVERAGE.
24 (A) GENERAL RULE.--NO MOTOR VEHICLE LIABILITY INSURANCE
25 POLICY SHALL BE DELIVERED OR ISSUED FOR DELIVERY IN THIS
26 COMMONWEALTH, WITH RESPECT TO ANY MOTOR VEHICLE REGISTERED OR
27 PRINCIPALLY GARAGED IN THIS COMMONWEALTH, UNLESS UNINSURED
28 MOTORIST AND UNDERINSURED MOTORIST COVERAGES ARE PROVIDED
29 THEREIN OR SUPPLEMENTAL THERETO IN AMOUNTS EQUAL TO THE BODILY
30 INJURY LIABILITY COVERAGE EXCEPT AS PROVIDED IN SECTION 1734
19830S0942B1619 - 16 -
1 (RELATING TO REQUEST FOR LOWER OR HIGHER LIMITS OF COVERAGE).
2 (B) UNINSURED MOTORIST COVERAGE.--UNINSURED MOTORIST
3 COVERAGE SHALL PROVIDE PROTECTION FOR PERSONS WHO SUFFER INJURY
4 ARISING OUT OF THE OWNERSHIP, MAINTENANCE OR USE OF A MOTOR
5 VEHICLE AND ARE LEGALLY ENTITLED TO RECOVER DAMAGES THEREFOR
6 FROM OWNERS OR OPERATORS OF UNINSURED MOTOR VEHICLES.
7 (C) UNDERINSURED MOTORIST COVERAGE.--UNDERINSURED MOTORIST
8 COVERAGE SHALL PROVIDE PROTECTION FOR PERSONS WHO SUFFER INJURY
9 ARISING OUT OF THE OWNERSHIP, MAINTENANCE OR USE OF A MOTOR
10 VEHICLE AND ARE LEGALLY ENTITLED TO RECOVER DAMAGES THEREFOR
11 FROM OWNERS OR OPERATORS OF UNDERINSURED MOTOR VEHICLES.
12 (D) LIMITATION ON RECOVERY.--A PERSON WHO RECOVERS DAMAGES
13 UNDER UNINSURED MOTORIST COVERAGE OR COVERAGES CANNOT RECOVER
14 DAMAGES UNDER UNDERINSURED MOTORIST COVERAGE OR COVERAGES FOR
15 THE SAME ACCIDENT.
16 § 1732. LIMITS OF COVERAGE.
17 COVERAGES OFFERED UNDER SECTION 1731 (RELATING TO SCOPE AND
18 AMOUNT OF COVERAGE) SHALL BE WRITTEN FOR THE SAME LIMITS. NO
19 CHANGE SHALL BE MADE IN THE LIMITS OF ONE OF THESE COVERAGES
20 WITHOUT AN EQUAL CHANGE IN THE LIMITS OF THE OTHER COVERAGE.
21 § 1733. PRIORITY OF RECOVERY.
22 WHERE MULTIPLE POLICIES APPLY, PAYMENT SHALL BE MADE IN THE
23 FOLLOWING ORDER OF PRIORITY:
24 (1) A POLICY COVERING A MOTOR VEHICLE OCCUPIED BY THE
25 INJURED PERSON AT THE TIME OF THE ACCIDENT.
26 (2) A POLICY COVERING A MOTOR VEHICLE NOT INVOLVED IN
27 THE ACCIDENT WITH RESPECT TO WHICH THE INJURED PERSON IS AN
28 INSURED.
29 § 1734. REQUEST FOR LOWER OR HIGHER LIMITS OF COVERAGE.
30 A NAMED INSURED MAY REQUEST IN WRITING THE ISSUANCE OF
19830S0942B1619 - 17 -
1 COVERAGES UNDER SECTION 1731 (RELATING TO SCOPE AND AMOUNT OF
2 COVERAGE) IN AMOUNTS LESS THAN THE LIMITS OF LIABILITY FOR
3 BODILY INJURY BUT IN NO EVENT LESS THAN THE AMOUNTS REQUIRED BY
4 THIS CHAPTER FOR BODILY INJURY. IF THE NAMED INSURED HAS
5 SELECTED UNINSURED AND UNDERINSURED MOTORIST COVERAGE IN
6 CONNECTION WITH A POLICY PREVIOUSLY ISSUED TO HIM BY THE SAME
7 INSURER UNDER SECTION 1731, THE COVERAGES OFFERED NEED NOT BE
8 PROVIDED IN EXCESS OF THE LIMITS OF LIABILITY PREVIOUSLY ISSUED
9 FOR UNINSURED AND UNDERINSURED MOTORIST COVERAGE UNLESS THE
10 NAMED INSURED REQUESTS IN WRITING HIGHER LIMITS OF LIABILITY FOR
11 THOSE COVERAGES.
12 § 1735. COVERAGES UNAFFECTED BY WORKERS' COMPENSATION BENEFITS.
13 THE COVERAGES REQUIRED BY THIS SUBCHAPTER SHALL NOT BE MADE
14 SUBJECT TO AN EXCLUSION OR REDUCTION IN AMOUNT BECAUSE OF ANY
15 WORKERS' COMPENSATION BENEFITS PAYABLE AS A RESULT OF THE SAME
16 INJURY.
17 § 1736. COVERAGES IN EXCESS OF REQUIRED AMOUNTS.
18 THE COVERAGES PROVIDED UNDER THIS SUBCHAPTER MAY BE OFFERED
19 BY INSURERS IN AMOUNTS HIGHER THAN THOSE REQUIRED BY THIS
20 CHAPTER, BUT MAY NOT BE GREATER THAN THE LIMITS OF LIABILITY
21 SPECIFIED IN THE BODILY INJURY LIABILITY PROVISIONS OF THE
22 INSURED'S POLICY.
23 SUBCHAPTER D
24 ASSIGNED RISK PLAN
25 SEC.
26 1741. ESTABLISHMENT.
27 1742. SCOPE OF PLAN.
28 1743. RATES.
29 1744. TERMINATION OF POLICIES.
30 § 1741. ESTABLISHMENT.
19830S0942B1619 - 18 -
1 THE INSURANCE DEPARTMENT SHALL, AFTER CONSULTATION WITH THE
2 INSURERS LICENSED TO WRITE MOTOR VEHICLE LIABILITY INSURANCE IN
3 THIS COMMONWEALTH, ADOPT A REASONABLE ASSIGNED RISK PLAN FOR THE
4 EQUITABLE APPORTIONMENT AMONG THOSE INSURERS OF APPLICANTS FOR
5 MOTOR VEHICLE LIABILITY INSURANCE WHO ARE ENTITLED TO, BUT ARE
6 UNABLE TO, PROCURE INSURANCE THROUGH ORDINARY METHODS. WHEN THE
7 PLAN HAS BEEN ADOPTED, ALL MOTOR VEHICLE LIABILITY INSURERS
8 SHALL SUBSCRIBE THERETO AND SHALL PARTICIPATE IN THE PLAN. THE
9 PLAN MAY PROVIDE REASONABLE MEANS FOR THE TRANSFER OF
10 INDIVIDUALS INSURED THEREUNDER INTO THE ORDINARY MARKET, AT THE
11 SAME OR LOWER RATES, PURSUANT TO REGULATIONS ESTABLISHED BY THE
12 DEPARTMENT.
13 § 1742. SCOPE OF PLAN.
14 THE ASSIGNED RISK PLAN SHALL:
15 (1) INCLUDE RULES FOR THE CLASSIFICATION OF RISKS AND
16 RATES THEREFOR.
17 (2) PROVIDE FOR THE INSTALLMENT PAYMENT OF PREMIUMS
18 SUBJECT TO CUSTOMARY TERMS AND CONDITIONS.
19 § 1743. RATES.
20 ALL RATES FOR THE ASSIGNED RISK PLAN SHALL BE SUBJECT TO THE
21 ACT OF JUNE 11, 1947 (P.L.538, NO.246), KNOWN AS THE CASUALTY
22 AND SURETY RATE REGULATORY ACT, AND SHALL NOT BE INADEQUATE,
23 EXCESSIVE OR UNFAIRLY DISCRIMINATORY.
24 § 1744. TERMINATION OF POLICIES.
25 CANCELLATION, REFUSAL TO RENEW AND OTHER TERMINATION OF
26 POLICIES ISSUED UNDER THE ASSIGNED RISK PLAN SHALL BE IN
27 ACCORDANCE WITH THE RULES OF THE PLAN.
28 SUBCHAPTER E
29 ASSIGNED CLAIMS PLAN
30 SEC.
19830S0942B1619 - 19 -
1 1751. ORGANIZATION.
2 1752. ELIGIBLE CLAIMANTS.
3 1753. BENEFITS AVAILABLE.
4 1754. UNINSURED MOTORIST COVERAGE.
5 1755. COORDINATION OF BENEFITS.
6 1756. SUBROGATION.
7 1757. STATUTE OF LIMITATIONS.
8 § 1751. ORGANIZATION.
9 INSURERS PROVIDING FINANCIAL RESPONSIBILITY AS REQUIRED BY
10 LAW SHALL ORGANIZE AND MAINTAIN, SUBJECT TO THE APPROVAL AND
11 REGULATION OF THE INSURANCE DEPARTMENT, AN ASSIGNED CLAIMS PLAN
12 AND ADOPT RULES FOR THE OPERATION AND FOR THE ASSESSMENT OF
13 COSTS ON A FAIR AND EQUITABLE BASIS.
14 § 1752. ELIGIBLE CLAIMANTS.
15 (A) GENERAL RULE.--A PERSON IS ELIGIBLE TO RECOVER BENEFITS
16 FROM THE ASSIGNED CLAIMS PLAN IF THE PERSON MEETS THE FOLLOWING
17 REQUIREMENTS:
18 (1) IS A RESIDENT OF THIS COMMONWEALTH.
19 (2) IS INJURED AS THE RESULT OF A MOTOR VEHICLE ACCIDENT
20 OCCURRING IN THIS COMMONWEALTH.
21 (3) IS NOT AN OWNER OF A CURRENTLY REGISTERED MOTOR
22 VEHICLE SUBJECT TO THIS CHAPTER.
23 (4) IS NOT THE OPERATOR OR OCCUPANT OF A MOTOR VEHICLE
24 OWNED BY THE FEDERAL GOVERNMENT OR ANY OF ITS AGENCIES,
25 DEPARTMENTS OR AUTHORITIES.
26 (5) IS NOT THE OPERATOR OR OCCUPANT OF A MOTOR VEHICLE
27 OWNED BY A SELF-INSURER OR BY AN INDIVIDUAL OR ENTITY WHO OR
28 WHICH IS IMMUNE FROM LIABILITY FOR, OR IS NOT REQUIRED TO
29 PROVIDE, BENEFITS OR UNINSURED AND UNDERINSURED MOTORIST
30 COVERAGE.
19830S0942B1619 - 20 -
1 (6) IS OTHERWISE NOT ENTITLED TO RECEIVE ANY FIRST PARTY
2 BENEFITS UNDER SECTION 1711 (RELATING TO REQUIRED MEDICAL
3 BENEFIT) OR 1712 (RELATING TO AVAILABILITY OF BENEFITS)
4 APPLICABLE TO THE INJURY ARISING FROM THE ACCIDENT.
5 (7) IS NOT THE OPERATOR OR OCCUPANT OF A RECREATIONAL
6 VEHICLE NOT INTENDED FOR HIGHWAY USE, MOTORCYCLE, MOTOR-
7 DRIVEN CYCLE OR MOTORIZED PEDALCYCLE OR OTHER LIKE TYPE
8 VEHICLE REQUIRED TO BE REGISTERED UNDER THIS TITLE AND
9 INVOLVED IN THE ACCIDENT.
10 (B) GROUNDS FOR INELIGIBILITY.--A PERSON OTHERWISE
11 QUALIFYING AS AN ELIGIBLE CLAIMANT UNDER SUBSECTION (A) SHALL
12 NEVERTHELESS BE INELIGIBLE TO RECOVER BENEFITS FROM THE ASSIGNED
13 CLAIMS PLAN IF THAT PERSON CONTRIBUTED TO HIS OWN INJURY IN ANY
14 OF THE FOLLOWING WAYS:
15 (1) WHILE INTENTIONALLY INJURING HIMSELF OR ANOTHER OR
16 ATTEMPTING TO INTENTIONALLY INJURE HIMSELF OR ANOTHER.
17 (2) WHILE COMMITTING A FELONY.
18 (3) WHILE SEEKING TO ELUDE LAWFUL APPREHENSION OR ARREST
19 BY A LAW ENFORCEMENT OFFICIAL.
20 (4) WHILE KNOWINGLY CONVERTING A MOTOR VEHICLE.
21 § 1753. BENEFITS AVAILABLE.
22 AN ELIGIBLE CLAIMANT MAY RECOVER MEDICAL BENEFITS, AS
23 DESCRIBED IN SECTION 1712(1) (RELATING TO AVAILABILITY OF
24 BENEFITS), UP TO A MAXIMUM OF $5,000. NO INCOME LOSS BENEFIT OR
25 ACCIDENTAL DEATH BENEFIT SHALL BE PAYABLE UNDER THIS SUBCHAPTER.
26 FUNERAL EXPENSES, AS DESCRIBED IN SECTION 1712(4), IN THE AMOUNT
27 OF $2,500 SHALL BE RECOVERABLE AS AN OFFSET TO THE MAXIMUM
28 AMOUNT OF MEDICAL BENEFITS AVAILABLE UNDER THIS SECTION.
29 § 1754. UNINSURED MOTORIST COVERAGE.
30 AN ELIGIBLE CLAIMANT WHO HAS NO OTHER SOURCE OF APPLICABLE
19830S0942B1619 - 21 -
1 UNINSURED MOTORIST COVERAGE AND IS OTHERWISE ENTITLED TO RECOVER
2 IN AN ACTION IN TORT AGAINST A PARTY WHO HAS FAILED TO COMPLY
3 WITH THIS CHAPTER MAY RECOVER FOR LOSSES OR DAMAGES SUFFERED AS
4 A RESULT OF THE INJURY UP TO $20,000 FOR ACCIDENTS OCCURRING
5 PRIOR TO JULY 1, 1986 AND $25,000 FOR ACCIDENTS OCCURRING ON OR
6 AFTER THAT DATE, SUBJECT TO AN AGGREGATE LIMIT FOR ALL CLAIMS
7 ARISING OUT OF ANY ONE MOTOR VEHICLE ACCIDENT OF $40,000 FOR
8 ACCIDENTS OCCURRING PRIOR TO JULY 1, 1986 AND $50,000 FOR
9 ACCIDENTS OCCURRING ON OR AFTER THAT DATE. IF A CLAIMANT
10 RECOVERS MEDICAL BENEFITS UNDER SECTION 1753 (RELATING TO
11 BENEFITS AVAILABLE), THE AMOUNT OF MEDICAL BENEFITS RECOVERED OR
12 RECOVERABLE UP TO $5,000 SHALL BE SET OFF AGAINST ANY AMOUNTS
13 RECOVERABLE IN THIS SECTION.
14 § 1755. COORDINATION OF BENEFITS.
15 (A) WORKERS' COMPENSATION.--ALL BENEFITS (LESS REASONABLY
16 INCURRED COLLECTION COSTS) THAT AN ELIGIBLE CLAIMANT RECEIVES OR
17 IS ENTITLED TO RECEIVE FROM WORKERS' COMPENSATION AND FROM ANY
18 OTHER SOURCE UNDER LOCAL, STATE OR FEDERAL LAW SHALL BE
19 SUBTRACTED FROM ANY BENEFITS AVAILABLE IN SECTION 1753 (RELATING
20 TO BENEFITS AVAILABLE) UNLESS THE LAW AUTHORIZING OR PROVIDING
21 FOR THOSE BENEFITS MAKES THEM EXCESS OR SECONDARY TO THE
22 BENEFITS IN ACCORDANCE WITH THIS SUBCHAPTER.
23 (B) ACCIDENT AND HEALTH BENEFITS.--ALL BENEFITS AN ELIGIBLE
24 CLAIMANT RECEIVES OR IS ENTITLED TO RECEIVE AS A RESULT OF
25 INJURY FROM ANY AVAILABLE SOURCE OF ACCIDENT AND HEALTH BENEFITS
26 SHALL BE SUBTRACTED FROM THOSE BENEFITS AVAILABLE IN SECTION
27 1753.
28 § 1756. SUBROGATION.
29 THE ASSIGNED CLAIMS PLAN OR ITS ASSIGNEE IS ENTITLED TO
30 RECOVER, IN ACCORDANCE WITH THE TORT LIABILITY LAW OF THIS
19830S0942B1619 - 22 -
1 COMMONWEALTH, REIMBURSEMENT FOR BENEFITS PAID, LOSS ADJUSTMENT
2 COSTS AND ANY OTHER SUMS PAID TO AN ELIGIBLE CLAIMANT UNDER THIS
3 SUBCHAPTER.
4 § 1757. STATUTE OF LIMITATIONS.
5 (A) GENERAL RULE.--AN ACTION BY AN ELIGIBLE CLAIMANT TO
6 RECOVER BENEFITS FROM THE ASSIGNED CLAIMS PLAN SHALL BE
7 COMMENCED WITHIN THREE YEARS FROM THE DATE OF THE ACCIDENT.
8 (B) MINORS.--FOR MINORS ENTITLED TO BENEFITS DESCRIBED IN
9 SECTION 1753 (RELATING TO BENEFITS AVAILABLE) OR 1754 (RELATING
10 TO UNINSURED MOTORIST COVERAGE), AN ACTION TO RECOVER THESE
11 BENEFITS OR COVERAGES SHALL BE COMMENCED WITHIN THREE YEARS FROM
12 THE DATE ON WHICH THE INJURED MINOR ATTAINS 18 YEARS OF AGE.
13 SUBCHAPTER F
14 CATASTROPHIC LOSS TRUST FUND
15 SEC.
16 1761. DEFINITIONS.
17 1762. FUNDING.
18 1763. ENFORCEMENT.
19 1764. CATASTROPHIC LOSS TRUST FUND.
20 1765. CATASTROPHIC LOSS TRUST FUND BOARD.
21 1766. BENEFITS.
22 1767. ANNUAL REPORTS.
23 1768. APPEALS.
24 1769. SUNSET REVIEW.
25 § 1761. DEFINITIONS.
26 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
27 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
28 CONTEXT CLEARLY INDICATES OTHERWISE:
29 "ADMINISTRATOR." THE ADMINISTRATOR DESIGNATED BY THE
30 CATASTROPHIC LOSS TRUST FUND BOARD.
19830S0942B1619 - 23 -
1 "BOARD." THE CATASTROPHIC LOSS TRUST FUND BOARD.
2 "CATASTROPHIC LOSS." AN INJURY, ARISING OUT OF THE
3 OWNERSHIP, MAINTENANCE OR USE OF A MOTOR VEHICLE, FOR WHICH THE
4 REASONABLE AND NECESSARY EXPENSES FOR MEDICAL TREATMENT AND
5 REHABILITATIVE SERVICES, AS DESCRIBED IN SECTION 1712(1)
6 (RELATING TO AVAILABILITY OF BENEFITS), EXCEED $100,000.
7 "CATASTROPHIC LOSS BENEFIT." PAYMENTS BY THE CATASTROPHIC
8 LOSS TRUST FUND FOR THOSE REASONABLE AND NECESSARY EXPENSES FOR
9 MEDICAL TREATMENT AND REHABILITATIVE SERVICES WHICH, AS
10 DESCRIBED IN SECTION 1712(1), EXCEED $100,000, SUBJECT TO THE
11 LIMITATIONS PROVIDED IN SECTION 1766 (RELATING TO BENEFITS).
12 CATASTROPHIC LOSS BENEFITS SHALL NOT DUPLICATE ANY OTHER <--
13 PAYMENTS FOR MEDICAL TREATMENT AND REHABILITATIVE SERVICES.
14 "ELIGIBLE CLAIMANT." EXCEPT AS PROVIDED IN THE DEFINITION OF
15 INELIGIBLE CLAIMANT, ELIGIBLE CLAIMANT INCLUDES A RESIDENT OF
16 THIS COMMONWEALTH WHO SUFFERS INJURY ON OR AFTER THE EFFECTIVE
17 DATE OF THIS SUBCHAPTER ARISING OUT OF THE OWNERSHIP,
18 MAINTENANCE AND USE OF A MOTOR VEHICLE IN THE UNITED STATES, ITS
19 TERRITORIES OR POSSESSIONS AND CANADA. THE ESTATE OF AN ELIGIBLE
20 CLAIMANT SHALL BE ENTITLED TO RECEIVE CATASTROPHIC LOSS BENEFITS
21 PURSUANT TO SECTION 1766 TO THE EXTENT THAT FINANCIAL
22 OBLIGATIONS FOR REASONABLE AND NECESSARY MEDICAL TREATMENT AND
23 REHABILITATIVE SERVICES WERE INCURRED BY THE ELIGIBLE CLAIMANT
24 PRIOR TO THE DEATH OF THAT PERSON. OTHERWISE ELIGIBLE CLAIMANTS
25 SHALL NOT BE DISQUALIFIED FROM PARTICIPATING IN OR RECEIVING
26 BENEFITS FROM THE CATASTROPHIC LOSS TRUST FUND FOR INJURIES
27 SUFFERED AFTER THE EFFECTIVE DATE OF THIS SUBCHAPTER BUT PRIOR
28 TO THEIR FIRST REGISTRATION RENEWAL AFTER THE EFFECTIVE DATE OF
29 THIS SUBCHAPTER.
30 "EXECUTIVE DIRECTOR." THE EXECUTIVE DIRECTOR OF THE
19830S0942B1619 - 24 -
1 CATASTROPHIC LOSS TRUST FUND BOARD.
2 "FUND." THE CATASTROPHIC LOSS TRUST FUND.
3 "FUND CHARGE." THE FUND CHARGE ESTABLISHED UNDER THIS
4 SUBCHAPTER.
5 "INELIGIBLE CLAIMANT." ANY OF THE FOLLOWING:
6 (1) A PERSON WHO IS THE OWNER OF A MOTOR VEHICLE WHO HAS
7 NOT COMPLIED WITH THE REGISTRATION REQUIREMENTS OF CHAPTER 13
8 (RELATING TO REGISTRATION OF VEHICLES) AND IS INJURED WHILE
9 DRIVING OR OCCUPYING THE VEHICLE.
10 (2) A PERSON WHO IS THE DRIVER OR OCCUPANT OF A
11 RECREATIONAL VEHICLE NOT INTENDED FOR HIGHWAY USE, A
12 MOTORCYCLE, A MOTORIZED PEDALCYCLE, A MOTOR-DRIVEN CYCLE OR
13 LIKE TYPE VEHICLE REQUIRED TO BE REGISTERED UNDER THIS TITLE
14 BUT NOT SUBJECT TO THE CHARGE LEVIED IN SECTION 1762
15 (RELATING TO FUNDING).
16 "MANAGER." THE MANAGER DESIGNATED BY THE CATASTROPHIC LOSS
17 TRUST FUND BOARD.
18 § 1762. FUNDING.
19 THE CATASTROPHIC LOSS TRUST FUND SHALL BE FUNDED BY LEVYING
20 AN INITIAL CHARGE OF $5 UPON ALL MOTOR VEHICLES REQUIRED TO BE
21 REGISTERED UNDER CHAPTER 13 (RELATING TO REGISTRATION OF
22 VEHICLES) EXCEPT TRAILERS, RECREATIONAL VEHICLES NOT INTENDED
23 FOR HIGHWAY USE, MOTORCYCLES, MOTOR-DRIVEN CYCLES, MOTORIZED
24 PEDALCYCLES OR LIKE TYPE VEHICLES. THIS CHARGE SHALL BE SEPARATE <--
25 FROM AND IN ADDITION TO THE REGISTRATION FEE OR FEES OTHERWISE
26 REQUIRED BY LAW AND SHALL BE REMITTED AT THE SAME TIME AS THE
27 PAYMENT OF THE REGISTRATION FEE DUE UNDER THIS TITLE. THE SHALL <--
28 BE REMITTED TO THE INSURANCE COMPANY AT THE SAME TIME AS THE
29 PAYMENT OF THE PREMIUM. UPON RECEIPT OF THE CHARGE, THE
30 INSURANCE COMPANY SHALL REMIT IT TO THE INSURANCE DEPARTMENT FOR
19830S0942B1619 - 25 -
1 DEPOSIT IN THE TRUST FUND. THE CATASTROPHIC LOSS TRUST FUND
2 BOARD SHALL DETERMINE BY JANUARY 1 OF EACH CALENDAR YEAR THE
3 AMOUNT OF THE FUND CHARGE FOR EACH REGISTRATION YEAR SUBSEQUENT
4 TO THE INITIAL REGISTRATION YEAR AND SHALL NOTIFY THE DEPARTMENT <--
5 OF TRANSPORTATION INSURANCE DEPARTMENT WHICH SHALL NOTIFY THE <--
6 INSURANCE COMPANIES TO COLLECT THE CHARGE TOGETHER WITH THE <--
7 MOTOR VEHICLE REGISTRATION FEE. THERE SHALL BE NO CHANGE IN THE
8 FUND CHARGE FOR THREE YEARS AFTER THE EFFECTIVE DATE OF THIS
9 SUBCHAPTER. THE INSURANCE DEPARTMENT SHALL PUBLISH NOTICE OF THE
10 FUND CHARGE TO BE LEVIED IN EACH REGISTRATION YEAR AT LEAST 30
11 DAYS PRIOR TO THE INITIATION OF THE CHARGE.
12 § 1763. ENFORCEMENT.
13 THE DEPARTMENT OF TRANSPORTATION SHALL REFUSE REGISTRATION OR
14 RENEWAL OR TRANSFER OF REGISTRATION TO THE OWNER OR OWNERS OF
15 ANY MOTOR VEHICLE FOR WHICH REGISTRATION IS REQUIRED UNDER THIS
16 SUBCHAPTER UNTIL THERE IS PROOF THAT THE AMOUNT LEVIED UNDER <--
17 THIS SUBCHAPTER IS WAS PAID. A PERSON REQUIRED TO PAY THE FUND <--
18 CHARGE REQUIRED BY SECTION 1762 (RELATING TO FUNDING) WHO FAILS
19 TO COMPLY WITH THIS REQUIREMENT SHALL BE INELIGIBLE TO
20 PARTICIPATE IN OR RECEIVE ANY CATASTROPHIC LOSS BENEFITS FROM
21 THE FUND.
22 § 1764. CATASTROPHIC LOSS TRUST FUND.
23 (A) ESTABLISHMENT.--A CATASTROPHIC LOSS TRUST FUND SHALL BE
24 ESTABLISHED TO PROVIDE FUNDS NECESSARY TO PAY CATASTROPHIC LOSS
25 BENEFITS.
26 (B) COMPOSITION.--THE FUND SHALL BE COMPOSED OF MONEYS
27 CONTRIBUTED PURSUANT TO SECTION 1762 (RELATING TO FUNDING) AND
28 FUNDS EARNED BY THE INVESTMENT AND REINVESTMENT OF SUCH MONEYS.
29 THE FUND SHALL BE HELD IN TRUST, BE DEPOSITED IN A SEPARATE
30 ACCOUNT AND BE THE SOLE AND EXCLUSIVE SOURCE OF FUNDING FOR THE
19830S0942B1619 - 26 -
1 PAYMENT OF CATASTROPHIC LOSS BENEFITS AND THE ADMINISTRATION OF
2 THE FUND.
3 (C) SEPARATION FROM GENERAL FUND AND MOTOR LICENSE FUND.--
4 THE FUND AND ALL INCOME EARNED BY IT SHALL NOT BECOME PART OF
5 THE GENERAL FUND OR MOTOR LICENSE FUND AND NO OBLIGATIONS OR
6 EXPENSE OF OR CLAIM AGAINST THE FUND SHALL CONSTITUTE A DEBT OF
7 THE COMMONWEALTH OR A CHARGE AGAINST THE GENERAL FUND OR MOTOR
8 LICENSE FUND.
9 (D) EXPENSES IN COLLECTING FUND CHARGE.--ANY EXPENSE
10 INCURRED BY THE COMMONWEALTH IN THE COLLECTION OF THE FUND
11 CHARGE SHALL BE PAID BY THE FUND.
12 § 1765. CATASTROPHIC LOSS TRUST FUND BOARD.
13 (A) COMPOSITION.--THE FUND SHALL BE UNDER THE GENERAL
14 SUPERVISION OF A BOARD OF DIRECTORS, WHICH BOARD SHALL BE AN <--
15 INDEPENDENT BOARD IN THE INSURANCE DEPARTMENT AND WHICH BOARD
16 SHALL BE COMPRISED OF NINE PERSONS AS FOLLOWS:
17 (1) FOUR MEMBERS OF THE GENERAL ASSEMBLY APPOINTED FOR
18 TWO YEARS AS FOLLOWS:
19 (I) ONE APPOINTED BY THE PRESIDENT PRO TEMPORE OF
20 THE SENATE.
21 (II) ONE APPOINTED BY THE MINORITY LEADER OF THE
22 SENATE.
23 (III) ONE APPOINTED BY THE SPEAKER OF THE HOUSE OF
24 REPRESENTATIVES.
25 (IV) ONE APPOINTED BY THE MINORITY LEADER OF THE
26 HOUSE OF REPRESENTATIVES.
27 (2) FOUR PUBLIC MEMBERS APPOINTED BY THE GENERAL
28 ASSEMBLY FOR TWO YEARS AS FOLLOWS:
29 (I) ONE APPOINTED BY THE PRESIDENT PRO TEMPORE OF
30 THE SENATE.
19830S0942B1619 - 27 -
1 (II) ONE APPOINTED BY THE MINORITY LEADER OF THE
2 SENATE.
3 (III) ONE APPOINTED BY THE SPEAKER OF THE HOUSE OF
4 REPRESENTATIVES.
5 (IV) ONE APPOINTED BY THE MINORITY LEADER OF THE
6 HOUSE OF REPRESENTATIVES.
7 (3) THE INSURANCE COMMISSIONER WHO SHALL SERVE AS
8 CHAIRMAN.
9 (B) COMPENSATION.--PUBLIC MEMBERS OF THE BOARD SHALL RECEIVE
10 NO COMPENSATION OF THEIR SERVICES BUT SHALL BE REIMBURSED FROM
11 THE FUND FOR REASONABLE EXPENSES INCURRED IN CARRYING OUT THEIR
12 DUTIES.
13 (C) POWERS AND DUTIES.--
14 (1) THE BOARD SHALL EMPLOY AND FIX THE COMPENSATION OF
15 AN EXECUTIVE DIRECTOR WHO SHALL CARRY OUT THE DECISIONS OF
16 THE BOARD. THE EXECUTIVE DIRECTOR IN CONSULTATION WITH THE
17 INSURANCE COMMISSIONER AND SUBJECT TO THE APPROVAL OF THE
18 BOARD SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
19 CARRY OUT THE PURPOSES OF THE FUND.
20 (2) THE BOARD SHALL CONTRACT WITH AN ENTITY
21 (ADMINISTRATOR) DEEMED QUALIFIED BY THE INSURANCE
22 COMMISSIONER TO PROVIDE ELIGIBLE CLAIMANTS WITH CATASTROPHIC
23 LOSS BENEFITS. THE CONTRACT SHALL NOT BE FOR A TERM IN EXCESS
24 OF TWO YEARS. CONTRACTS SHALL BE LET PURSUANT TO THE BIDDING
25 PROCEDURES OF THE COMMONWEALTH.
26 (3) THE BOARD SHALL CONTRACT WITH AN ENTITY (MANAGER)
27 DEEMED QUALIFIED BY THE INSURANCE COMMISSIONER AND THE STATE
28 TREASURER TO MANAGE THE MONEYS OF THE FUND INCLUDING THEIR
29 INVESTMENT AND REINVESTMENT WITHIN THE FRAMEWORK OF THE RULES
30 AND REGULATIONS OF THE FUND.
19830S0942B1619 - 28 -
1 (4) THE BOARD SHALL CONTRACT FOR SUCH OTHER PROFESSIONAL
2 SERVICES, TO INCLUDE, BUT NOT BE LIMITED TO, ACCOUNTANTS,
3 QUALITY CONTROL AUDITORS AND ACTUARIES, NECESSARY TO ENSURE
4 CONTRACT COMPLIANCE BY THE ADMINISTRATOR AND MANAGER, AND
5 DETERMINE FUTURE FUND CHARGES.
6 (5) THE BOARD MAY PURCHASE ON BEHALF OF THE FUND SUCH
7 INSURANCE AND REINSURANCE AS MAY BE NECESSARY TO PRESERVE THE
8 FINANCIAL SOLVENCY OF THE FUND.
9 (6) ANNUALLY, THE BOARD SHALL CONSULT WITH THE
10 ADMINISTRATOR, THE MANAGER AND AN ACTUARY TO DEVELOP THE FUND
11 CHARGE. THE CHARGE SHALL BE SUFFICIENT TO ENSURE THE FUND HAS
12 MONEYS TO PAY ALL CLAIMS AND EXPENSES FOR THE SUCCEEDING YEAR
13 AND DEVELOP ACTUARILY SOUND RESERVES FOR INCURRED CLAIMS.
14 (D) DUTIES OF EXECUTIVE DIRECTOR.--
15 (1) THE EXECUTIVE DIRECTOR SHALL RECEIVE ALL CLAIMS FOR
16 CATASTROPHIC LOSS BENEFITS, FORWARD THEM TO THE ADMINISTRATOR
17 FOR HANDLING AND MONITOR THEIR PROGRESS.
18 (2) THE EXECUTIVE DIRECTOR SHALL ASSIST ANY PARTY WITH
19 WHOM THE BOARD HAS CONTRACTED PURSUANT TO THIS SECTION IN THE
20 PERFORMANCE OF THEIR DUTIES.
21 (3) THE EXECUTIVE DIRECTOR SHALL ESTABLISH A PROGRAM TO
22 ASSURE CONTINUING PUBLICITY TO THE RESIDENTS OF THIS
23 COMMONWEALTH WITH RESPECT TO THE EXISTENCE OF THE FUND, THE
24 COVERAGES AFFORDED THEREBY AND THE MANNER OF THE PRESENTATION
25 OF CLAIMS THERETO.
26 (4) SUBJECT TO THE APPROVAL OF THE BOARD, THE EXECUTIVE
27 DIRECTOR SHALL EMPLOY SUCH CLERICAL STAFF AS MAY BE NECESSARY
28 TO PERFORM HIS ASSIGNED DUTIES.
29 (E) DUTIES OF ADMINISTRATOR.--
30 (1) THE ADMINISTRATOR, UPON RECEIPT OF A CLAIM FOR
19830S0942B1619 - 29 -
1 CATASTROPHIC LOSS BENEFITS, SHALL DETERMINE THE ELIGIBILITY
2 OF THE CLAIMANT. IF THE CLAIMANT IS FOUND TO BE ELIGIBLE, THE
3 ADMINISTRATOR SHALL ESTABLISH A MECHANISM WHEREBY PAYMENTS TO
4 THE PROVIDER FOR REASONABLE AND NECESSARY MEDICAL TREATMENT
5 AND REHABILITATIVE SERVICES SHALL BE PROMPTLY MADE IN AMOUNTS
6 NOT IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS
7 SUBCHAPTER.
8 (2) THE ADMINISTRATOR, NOT LESS THAN ANNUALLY, SHALL
9 EVALUATE THE MEDICAL TREATMENT AND REHABILITATIVE SERVICES
10 BEING PROVIDED EACH ELIGIBLE CLAIMANT TO ASSURE THAT THE SAME
11 REPRESENTS THE MOST PRUDENT EXPENDITURE OF FUNDS.
12 (F) DUTIES OF MANAGER.--
13 (1) THE MANAGER SHALL ACCEPT THE MONEYS OF THE FUND
14 COLLECTED BY THE DEPARTMENT OF TRANSPORTATION.
15 (2) THE MANAGER MAY INVEST AND REINVEST THE MONEYS OF
16 THE FUND IN THE TYPE OF INVESTMENTS AND IN A MANNER AS
17 DETERMINED BY THE INSURANCE DEPARTMENT BASED UPON INVESTMENTS
18 ALLOWED BY LAW AND INVESTMENT POLICIES FOR SIMILAR
19 FIDUCIARIES.
20 § 1766. BENEFITS.
21 (A) GENERAL RULE.--SUBJECT TO THE LIMITATIONS SET FORTH IN
22 SUBSECTION (B), THE CATASTROPHIC LOSS TRUST FUND SHALL PROVIDE
23 CATASTROPHIC LOSS BENEFITS TO ELIGIBLE CLAIMANTS FOR THE PAYMENT
24 OF EXPENSES FOR MEDICAL TREATMENT AND REHABILITATIVE SERVICES IN
25 EXCESS OF $100,000. NO PAYMENT SHALL BE MADE BY THE FUND FOR THE
26 FIRST $100,000 OF EXPENSE FOR MEDICAL TREATMENT AND
27 REHABILITATIVE SERVICES INCURRED BY AN ELIGIBLE CLAIMANT.
28 (B) MAXIMUM BENEFIT.--THE MAXIMUM CATASTROPHIC LOSS BENEFIT
29 WHICH SHALL BE PAID BY THE FUND ON BEHALF OF ANY ONE ELIGIBLE
30 CLAIMANT SHALL BE $50,000 PER YEAR AND $1,000,000 LIFETIME
19830S0942B1619 - 30 -
1 AGGREGATE, UNLESS SAID EXPENSES FOR MEDICAL TREATMENT ARE <--
2 INCURRED AND PAID WITHIN ONE CALENDAR YEAR SUBJECT TO THE
3 $1,000,000 LIMIT.
4 (C) EFFECT OF OTHER BENEFITS.--EXCEPT FOR WORKERS'
5 COMPENSATION, CATASTROPHIC LOSS BENEFITS PAID BY THE FUND SHALL
6 BE PRIMARY TO ANY OTHER AVAILABLE SOURCE OF ACCIDENT OR HEALTH
7 BENEFITS INCLUDING ANY PROGRAM, GROUP CONTRACT OR OTHER PRIVATE
8 OR PUBLIC SOURCE OF BENEFITS UNLESS THE LAW AUTHORIZING OR
9 PROVIDING THOSE BENEFITS MAKES THE BENEFITS PRIMARY TO THE
10 BENEFITS PROVIDED UNDER THIS SUBCHAPTER.
11 (D) STRUCTURED SETTLEMENTS.--THE ADMINISTRATOR MAY ENTER
12 INTO STRUCTURED SETTLEMENTS TO PAY BENEFITS UNDER THIS
13 SUBCHAPTER. WHERE IT APPEARS THE SETTLEMENT WILL BE BOTH COST
14 EFFECTIVE TO THE FUND AND IN THE BEST INTEREST OF THE CLAIMANT,
15 THE RESTRICTIONS IN SUBSECTION (B) SHALL NOT APPLY TO THIS
16 SUBSECTION, BUT IN NO EVENT SHALL THE COST OF THE STRUCTURED
17 SETTLEMENT EXCEED THE AGGREGATE MAXIMUM OF $1,000,000.
18 (E) PRECLUSION OF PLEADING AND PROVING BENEFITS.--IN ANY
19 ACTION FOR DAMAGES AGAINST A TORTFEASOR ARISING OUT OF THE
20 OWNERSHIP, MAINTENANCE OR USE OF A MOTOR VEHICLE, A PERSON WHO
21 IS ELIGIBLE TO RECEIVE CATASTROPHIC LOSS BENEFITS SHALL BE
22 PRECLUDED FROM PLEADING OR INTRODUCING INTO EVIDENCE THE AMOUNT
23 OF MEDICAL AND REHABILITATIVE EXPENSES FOR WHICH SUCH BENEFITS
24 WERE PAID OR ARE PAYABLE. THIS PRECLUSION APPLIES ONLY TO
25 CATASTROPHIC LOSS BENEFITS.
26 (F) SUBROGATION.--THERE SHALL BE NO SUBROGATION OR
27 REIMBURSEMENT FROM A CLAIMANT'S TORT RECOVERY WITH RESPECT TO
28 CATASTROPHIC LOSS BENEFITS.
29 § 1767. ANNUAL REPORTS.
30 BY MARCH 1 OF EACH YEAR SUBSEQUENT TO THE FIRST FULL CALENDAR
19830S0942B1619 - 31 -
1 YEAR AFTER THE EFFECTIVE DATE OF THIS SUBCHAPTER, THE INSURANCE
2 DEPARTMENT SHALL PREPARE AND PROVIDE TO THE GOVERNOR AND TO THE
3 GENERAL ASSEMBLY A WRITTEN REPORT OF THE STATUS AND ACTIVITIES
4 OF THE CATASTROPHIC LOSS TRUST FUND. IN ITS SECOND ANNUAL REPORT
5 AND IN EVERY SECOND ANNUAL REPORT THEREAFTER, THE DEPARTMENT
6 SHALL INCLUDE IN ITS REPORT FINDINGS AND RECOMMENDATIONS WITH
7 RESPECT TO THE OPERATION OF THE FUND AND THE ACTUARIAL SOUNDNESS
8 OF THE FUND. EACH ANNUAL REPORT SHALL ALSO INCLUDE AN AUDIT BY
9 THE AUDITOR GENERAL OF THE AMOUNTS PAID TO EACH ELIGIBLE PERSON
10 SO AS TO AVOID DUPLICATIONS, ERRORS OR FRAUD.
11 § 1768. APPEALS.
12 IF ANY PERSON MAKING A CLAIM FOR BENEFITS FROM THE
13 CATASTROPHIC LOSS TRUST FUND DISPUTES A DETERMINATION OF THE
14 ADMINISTRATOR CONCERNING ELIGIBILITY FOR BENEFITS, ALLOWANCE OF
15 BENEFITS OR OTHERWISE, THE PERSON SO CLAIMING MAY REQUEST THAT
16 THE INSURANCE COMMISSIONER REVIEW THE DETERMINATION OF THE
17 ADMINISTRATOR. THE INSURANCE COMMISSIONER SHALL PROVIDE THE
18 PERSON SO CLAIMING AND THE ADMINISTRATOR THE OPPORTUNITY TO
19 PRESENT STATEMENTS OR OTHER DOCUMENTS AND, AT THE ELECTION OF
20 EITHER OF THESE INDIVIDUALS, THE OPPORTUNITY FOR A HEARING
21 PURSUANT TO TITLE 2 (RELATING TO ADMINISTRATIVE LAW AND
22 PROCEDURE).
23 § 1769. SUNSET REVIEW.
24 THIS SUBCHAPTER SHALL BE SUBJECT TO PERIODIC EVALUATION,
25 REVIEW AND TERMINATION OR CONTINUATION UNDER THE ACT OF DECEMBER
26 22, 1981 (P.L.508, NO.142), KNOWN AS THE SUNSET ACT, EVERY SIX
27 YEARS COMMENCING WITH AN INITIAL TERMINATION DATE OF DECEMBER
28 31, 1990.
29 SUBCHAPTER G
30 NONPAYMENT OF JUDGMENTS
19830S0942B1619 - 32 -
1 SEC.
2 1771. COURT REPORTS ON NONPAYMENT OF JUDGMENTS.
3 1772. SUSPENSION FOR NONPAYMENT OF JUDGMENTS.
4 1773. CONTINUATION OF SUSPENSION UNTIL JUDGMENTS PAID AND
5 PROOF GIVEN.
6 1774. PAYMENTS SUFFICIENT TO SATISFY JUDGMENTS.
7 1775. INSTALLMENT PAYMENT OF JUDGMENTS.
8 § 1771. COURT REPORTS ON NONPAYMENT OF JUDGMENTS.
9 (A) GENERAL RULE.--WHENEVER ANY PERSON FAILS WITHIN 60 DAYS
10 TO SATISFY ANY JUDGMENT ARISING FROM A MOTOR VEHICLE ACCIDENT,
11 THE JUDGMENT CREDITOR MAY FORWARD TO THE DEPARTMENT A CERTIFIED
12 COPY OF THE JUDGMENT.
13 (B) NOTICE TO STATE OF NONRESIDENT DEFENDANT.--IF THE
14 DEFENDANT NAMED IN ANY CERTIFIED COPY OF A JUDGMENT REPORTED TO
15 THE DEPARTMENT IS A NONRESIDENT, THE DEPARTMENT SHALL TRANSMIT A
16 CERTIFIED COPY OF THE JUDGMENT TO THE OFFICIAL IN CHARGE OF THE
17 ISSUANCE OF LICENSES AND REGISTRATION CERTIFICATES OF THE STATE
18 OF WHICH THE DEFENDANT IS A RESIDENT.
19 § 1772. SUSPENSION FOR NONPAYMENT OF JUDGMENTS.
20 (A) GENERAL RULE.--THE DEPARTMENT, UPON RECEIPT OF A
21 CERTIFIED COPY OF A JUDGMENT, SHALL SUSPEND THE OPERATING
22 PRIVILEGE OF EACH PERSON AGAINST WHOM THE JUDGMENT WAS RENDERED
23 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION AND IN SECTION 1775
24 (RELATING TO INSTALLMENT PAYMENT OF JUDGMENTS).
25 (B) NONSUSPENSION WITH CONSENT OF JUDGMENT CREDITOR.--IF THE
26 JUDGMENT CREDITOR CONSENTS IN WRITING, IN SUCH FORM AS THE
27 DEPARTMENT MAY PRESCRIBE, THAT THE JUDGMENT DEBTOR'S OPERATING
28 PRIVILEGE BE RETAINED OR RESTORED, THE DEPARTMENT SHALL NOT
29 SUSPEND OR SHALL RESTORE UNTIL THE CONSENT IS REVOKED IN
30 WRITING, NOTWITHSTANDING DEFAULT IN THE PAYMENT OF THE JUDGMENT,
19830S0942B1619 - 33 -
1 OR OF ANY INSTALLMENT THEREOF PRESCRIBED IN SECTION 1775,
2 PROVIDED THE JUDGMENT DEBTOR FURNISHES PROOF OF FINANCIAL
3 RESPONSIBILITY.
4 (C) FINANCIAL RESPONSIBILITY IN EFFECT AT TIME OF
5 ACCIDENT.--ANY PERSON WHOSE OPERATING PRIVILEGE HAS BEEN
6 SUSPENDED, OR IS ABOUT TO BE SUSPENDED OR BECOME SUBJECT TO
7 SUSPENSION, UNDER THIS CHAPTER, SHALL BE RELIEVED FROM THE
8 EFFECT OF THE JUDGMENT AS PRESCRIBED IN THIS CHAPTER IF THE
9 PERSON FILES EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT
10 FINANCIAL RESPONSIBILITY WAS IN FORCE AND EFFECT AT THE TIME OF
11 THE ACCIDENT RESULTING IN THE JUDGMENT AND IS OR SHOULD BE
12 AVAILABLE FOR THE SATISFACTION OF THE JUDGMENT. IF INSURANCE
13 ALREADY OBTAINED IS NOT AVAILABLE BECAUSE THE INSURANCE COMPANY
14 HAS GONE INTO RECEIVERSHIP OR BANKRUPTCY, THE PERSON SHALL ONLY
15 BE REQUIRED TO PRESENT TO OR FILE WITH THE DEPARTMENT PROPER
16 EVIDENCE THAT AN INSURANCE POLICY WAS IN FORCE AND EFFECT AT THE
17 TIME OF THE ACCIDENT.
18 § 1773. CONTINUATION OF SUSPENSION UNTIL JUDGMENTS PAID AND
19 PROOF GIVEN.
20 A PERSON'S OPERATING PRIVILEGE SHALL REMAIN SUSPENDED AND
21 SHALL NOT BE RENEWED IN THE NAME OF THAT PERSON UNLESS AND UNTIL
22 EVERY JUDGMENT IS STAYED, SATISFIED IN FULL OR TO THE EXTENT
23 PROVIDED IN THIS SUBCHAPTER, AND UNTIL THE PERSON FURNISHES
24 PROOF OF FINANCIAL RESPONSIBILITY AS REQUIRED.
25 § 1774. PAYMENTS SUFFICIENT TO SATISFY JUDGMENTS.
26 (A) GENERAL RULE.--FOR THE PURPOSE OF THIS CHAPTER ONLY,
27 JUDGMENTS SHALL BE DEEMED SATISFIED UPON THE OCCURRENCE OF ONE
28 OF THE FOLLOWING:
29 (1) WHEN $25,000 HAS BEEN CREDITED UPON ANY JUDGMENT OR
30 JUDGMENTS RENDERED IN EXCESS OF THAT AMOUNT BECAUSE OF INJURY
19830S0942B1619 - 34 -
1 TO ONE PERSON AS THE RESULT OF ANY ONE ACCIDENT. PRIOR TO
2 JULY 1, 1986, THE AMOUNT REQUIRED TO BE CREDITED SHALL BE
3 $20,000.
4 (2) WHEN $50,000 HAS BEEN CREDITED UPON ANY JUDGMENT OR
5 JUDGMENTS RENDERED IN EXCESS OF THAT AMOUNT BECAUSE OF INJURY
6 TO TWO OR MORE PERSONS AS THE RESULT OF ANY ONE ACCIDENT.
7 PRIOR TO JULY 1, 1986, THE AMOUNT REQUIRED TO BE CREDITED
8 SHALL BE $40,000.
9 (3) WHEN $10,000 HAS BEEN CREDITED UPON ANY JUDGMENT OR
10 JUDGMENTS RENDERED IN EXCESS OF THAT AMOUNT BECAUSE OF DAMAGE
11 TO PROPERTY OF OTHERS AS THE RESULT OF ANY ONE ACCIDENT.
12 PRIOR TO JULY 1, 1986, THE AMOUNT REQUIRED TO BE CREDITED
13 SHALL BE $7,500.
14 (B) CREDIT FOR PAYMENT UNDER SETTLEMENT.--PAYMENTS MADE IN
15 SETTLEMENT OF ANY CLAIMS BECAUSE OF BODILY INJURY OR PROPERTY
16 DAMAGE ARISING FROM A MOTOR VEHICLE ACCIDENT SHALL BE CREDITED
17 IN REDUCTION OF THE AMOUNTS PROVIDED FOR IN THIS SECTION.
18 (C) ESCROW DEPOSIT BY JUDGMENT DEBTOR.--WHEN THE JUDGMENT
19 CREDITOR CANNOT BE FOUND, THE JUDGMENT DEBTOR MAY DEPOSIT IN
20 ESCROW WITH THE PROTHONOTARY OF THE COURT WHERE THE JUDGMENT WAS
21 ENTERED AN AMOUNT EQUAL TO THE AMOUNT OF THE JUDGMENT, SUBJECT
22 TO THE LIMITS SET FORTH IN SUBSECTION (A), INTEREST TO DATE AND
23 RECORD COSTS, WHEREUPON THE PROTHONOTARY SHALL NOTIFY THE
24 DEPARTMENT AND THE JUDGMENT SHALL BE DEEMED SATISFIED. THE
25 AMOUNT DEPOSITED SHALL BE RETAINED BY THE PROTHONOTARY FOR A
26 PERIOD OF FIVE YEARS FROM THE DATE OF THE DEPOSIT, AFTER WHICH,
27 IF IT HAS NOT BEEN CLAIMED BY THE JUDGMENT CREDITOR, IT SHALL BE
28 RETURNED TO THE JUDGMENT DEBTOR. WHEN THE DEPOSIT IS MADE, THE
29 PROTHONOTARY SHALL NOTIFY THE JUDGMENT CREDITOR AND HIS COUNSEL,
30 IF ANY, BY CERTIFIED OR REGISTERED MAIL AT HIS LAST KNOWN
19830S0942B1619 - 35 -
1 ADDRESS. NO INTEREST SHALL RUN ON ANY JUDGMENT WITH RESPECT TO
2 THE AMOUNT DEPOSITED WITH THE PROTHONOTARY UNDER THE TERMS OF
3 THIS SUBSECTION.
4 § 1775. INSTALLMENT PAYMENT OF JUDGMENTS.
5 (A) ORDER AUTHORIZING INSTALLMENT PAYMENT.--A JUDGMENT
6 DEBTOR, UPON DUE NOTICE TO THE JUDGMENT CREDITOR, MAY APPLY TO
7 THE COURT IN WHICH THE JUDGMENT WAS RENDERED FOR THE PRIVILEGE
8 OF PAYING THE JUDGMENT IN INSTALLMENTS AND THE COURT, IN ITS
9 DISCRETION AND WITHOUT PREJUDICE TO ANY OTHER LEGAL REMEDIES
10 WHICH THE JUDGMENT CREDITOR MAY HAVE, MAY SO ORDER AND FIX THE
11 AMOUNTS AND TIMES OF PAYMENT OF THE INSTALLMENTS.
12 (B) SUSPENSION PROHIBITED DURING COMPLIANCE WITH ORDER.--THE
13 DEPARTMENT SHALL NOT SUSPEND A DRIVER'S OPERATING PRIVILEGE AND
14 SHALL RESTORE ANY OPERATING PRIVILEGE SUSPENDED FOLLOWING
15 NONPAYMENT OF A JUDGMENT WHEN THE JUDGMENT DEBTOR OBTAINS AN
16 ORDER PERMITTING PAYMENT OF THE JUDGMENT IN INSTALLMENTS AND
17 WHILE THE PAYMENT OF ANY INSTALLMENT IS NOT IN DEFAULT, PROVIDED
18 THAT THE JUDGMENT DEBTOR FURNISHES PROOF OF FINANCIAL
19 RESPONSIBILITY.
20 (C) SUSPENSION FOR DEFAULT IN PAYMENT.--IN THE EVENT THE
21 JUDGMENT DEBTOR FAILS TO PAY ANY INSTALLMENT AS SPECIFIED BY THE
22 ORDER, THEN, UPON NOTICE OF THE DEFAULT, THE DEPARTMENT SHALL
23 SUSPEND THE OPERATING PRIVILEGE OF THE JUDGMENT DEBTOR UNTIL THE
24 JUDGMENT IS SATISFIED AS PROVIDED IN THIS CHAPTER.
25 SUBCHAPTER H
26 PROOF OF FINANCIAL RESPONSIBILITY
27 SEC.
28 1781. NOTICE OF SANCTION FOR NOT EVIDENCING FINANCIAL
29 RESPONSIBILITY.
30 1782. MANNER OF PROVIDING PROOF OF FINANCIAL RESPONSIBILITY.
19830S0942B1619 - 36 -
1 1783. PROOF OF FINANCIAL RESPONSIBILITY BEFORE RESTORING
2 OPERATING PRIVILEGE OR REGISTRATION. <--
3 1784. PROOF OF FINANCIAL RESPONSIBILITY FOLLOWING VIOLATION.
4 1785. PROOF OF FINANCIAL RESPONSIBILITY FOLLOWING ACCIDENT.
5 1786. SELF-CERTIFICATION OF FINANCIAL RESPONSIBILITY.
6 § 1781. NOTICE OF SANCTION FOR NOT EVIDENCING FINANCIAL
7 RESPONSIBILITY.
8 AN APPLICANT FOR REGISTRATION OF A VEHICLE SHALL ACKNOWLEDGE
9 ON A FORM DEVELOPED BY THE DEPARTMENT OF TRANSPORTATION THAT THE
10 APPLICANT KNOWS HE MAY LOSE HIS OPERATING PRIVILEGE OR VEHICLE
11 REGISTRATIONS IF HE FAILS TO EVIDENCE FINANCIAL RESPONSIBILITY
12 FOR THE PURPOSES DESCRIBED IN SECTION 1772 (RELATING TO
13 SUSPENSION FOR NONPAYMENT OF JUDGMENTS), 1783 (RELATING TO PROOF
14 OF FINANCIAL RESPONSIBILITY BEFORE RESTORING OPERATING PRIVILEGE
15 OR REGISTRATION), 1784 (RELATING TO PROOF OF FINANCIAL <--
16 RESPONSIBILITY FOLLOWING VIOLATION) OR 1785 (RELATING TO PROOF
17 OF FINANCIAL RESPONSIBILITY FOLLOWING ACCIDENT).
18 § 1782. MANNER OF PROVIDING PROOF OF FINANCIAL RESPONSIBILITY.
19 (A) GENERAL RULE.--PROOF OF FINANCIAL RESPONSIBILITY MAY BE
20 FURNISHED BY FILING EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT
21 ALL MOTOR VEHICLES REGISTERED IN A PERSON'S NAME ARE COVERED BY
22 MOTOR VEHICLE LIABILITY INSURANCE OR OTHER RELIABLE FINANCIAL
23 ARRANGEMENTS, DEPOSITS, RESOURCES OR COMMITMENTS EQUAL TO THAT
24 AFFORDED BY A CONTRACT OF INSURANCE COMPLYING WITH THIS CHAPTER.
25 (B) NONRESIDENT.--THE NONRESIDENT OWNER OF A MOTOR VEHICLE
26 NOT REGISTERED IN THIS COMMONWEALTH MAY GIVE PROOF OF FINANCIAL
27 RESPONSIBILITY BY FILING WITH THE DEPARTMENT A WRITTEN
28 CERTIFICATE OR CERTIFICATES OF AN INSURANCE COMPANY AUTHORIZED
29 TO TRANSACT BUSINESS IN THE STATE IN WHICH THE MOTOR VEHICLE OR
30 MOTOR VEHICLES DESCRIBED IN THE CERTIFICATE IS REGISTERED OR, IF
19830S0942B1619 - 37 -
1 THE NONRESIDENT DOES NOT OWN A MOTOR VEHICLE, THEN EVIDENCE
2 SATISFACTORY TO THE DEPARTMENT THAT THE PERSON DOES NOT OWN A
3 MOTOR VEHICLE. THE DEPARTMENT SHALL ACCEPT THE CERTIFICATE UPON
4 CONDITION THAT THE INSURANCE COMPANY COMPLIES WITH THE FOLLOWING
5 PROVISIONS WITH RESPECT TO THE POLICIES SO CERTIFIED:
6 (1) THE INSURANCE COMPANY SHALL EXECUTE A POWER OF
7 ATTORNEY AUTHORIZING THE DEPARTMENT TO ACCEPT SERVICE ON ITS
8 BEHALF OR PROCESS IN ANY ACTION ARISING OUT OF A MOTOR
9 VEHICLE ACCIDENT IN THIS COMMONWEALTH.
10 (2) THE INSURANCE COMPANY SHALL AGREE IN WRITING THAT
11 THE POLICIES SHALL BE DEEMED TO CONFORM WITH THE LAWS OF THIS
12 COMMONWEALTH RELATING TO THE TERMS OF MOTOR VEHICLE LIABILITY
13 POLICIES ISSUED IN THIS COMMONWEALTH.
14 (C) DEFAULT BY FOREIGN INSURANCE COMPANY.--IF ANY INSURANCE
15 COMPANY NOT AUTHORIZED TO TRANSACT BUSINESS IN THIS
16 COMMONWEALTH, WHICH HAS QUALIFIED TO FURNISH PROOF OF FINANCIAL
17 RESPONSIBILITY, DEFAULTS IN ANY UNDERTAKINGS OR AGREEMENTS, THE
18 DEPARTMENT SHALL NOT THEREAFTER ACCEPT AS PROOF ANY CERTIFICATE
19 OF THE COMPANY WHETHER THERETOFORE FILED OR THEREAFTER TENDERED
20 AS PROOF AS LONG AS THE DEFAULT CONTINUES.
21 § 1783. PROOF OF FINANCIAL RESPONSIBILITY BEFORE RESTORING
22 OPERATING PRIVILEGE OR REGISTRATION. <--
23 WHENEVER THE DEPARTMENT SUSPENDS OR REVOKES THE OPERATING
24 PRIVILEGE OF ANY PERSON OR THE REGISTRATION OF ANY VEHICLE <--
25 PURSUANT TO SECTION 1532 (RELATING TO REVOCATION OR SUSPENSION
26 OF OPERATING PRIVILEGE), 1542 (RELATING TO REVOCATION OF
27 HABITUAL OFFENDER'S LICENSE), 1772 (RELATING TO SUSPENSION FOR
28 NONPAYMENT OF JUDGMENTS), 1784 (RELATING TO PROOF OF FINANCIAL
29 RESPONSIBILITY FOLLOWING VIOLATION) OR 1785 (RELATING TO PROOF
30 OF FINANCIAL RESPONSIBILITY FOLLOWING ACCIDENT), OR UPON
19830S0942B1619 - 38 -
1 RECEIVING THE RECORD OF A CONVICTION OR FORFEITURE OF BAIL, THE
2 DEPARTMENT SHALL NOT RESTORE THE OPERATING PRIVILEGE OR THE
3 APPLICABLE REGISTRATION UNTIL THE PERSON FURNISHES PROOF OF
4 FINANCIAL RESPONSIBILITY.
5 § 1784. PROOF OF FINANCIAL RESPONSIBILITY FOLLOWING VIOLATION.
6 A DEFENDANT WHO IS CONVICTED OF A TRAFFIC OFFENSE, OTHER THAN
7 A PARKING OFFENSE, THAT REQUIRES A COURT APPEARANCE SHALL BE
8 REQUIRED TO SHOW PROOF OF FINANCIAL RESPONSIBILITY COVERING THE
9 OPERATION OF THE VEHICLE AT THE TIME OF THE OFFENSE. IF THE
10 DEFENDANT FAILS TO SHOW PROOF OF FINANCIAL RESPONSIBILITY, THE
11 COURT SHALL NOTIFY THE DEPARTMENT OF THAT FACT. UPON RECEIPT OF
12 THE NOTICE, THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE <--
13 OF THE DEFENDANT. THE NOTICE, THE DEPARTMENT SHALL REVOKE THE <--
14 REGISTRATION OF THE VEHICLE. IF THE DEFENDANT IS THE OWNER OF
15 THE VEHICLE, THE DEPARTMENT SHALL ALSO REVOKE THE OPERATING
16 PRIVILEGE OF THE DEFENDANT.
17 § 1785. PROOF OF FINANCIAL RESPONSIBILITY FOLLOWING ACCIDENT.
18 IF THE DEPARTMENT DETERMINES THAT THE PERSON OWNER OF A MOTOR <--
19 VEHICLE INVOLVED IN AN ACCIDENT REQUIRED TO FILE AN ACCIDENT
20 REPORT DID NOT MAINTAIN FINANCIAL RESPONSIBILITY ON THE MOTOR <--
21 VEHICLE AT THE TIME OF THE ACCIDENT, THE DEPARTMENT SHALL
22 SUSPEND THE OPERATING PRIVILEGE OF THE PERSON REQUIRED TO FILE
23 THE REPORT.
24 § 1786. SELF-CERTIFICATION OF FINANCIAL RESPONSIBILITY.
25 THE DEPARTMENT OF TRANSPORTATION SHALL REQUIRE THAT EACH
26 MOTOR VEHICLE REGISTRANT CERTIFY THAT THE REGISTRANT IS
27 FINANCIALLY RESPONSIBLE AT THE TIME OF REGISTRATION OR RENEWAL
28 THEREOF. THE DEPARTMENT SHALL REFUSE TO REGISTER OR RENEW THE
29 REGISTRATION OF A VEHICLE FOR FAILURE TO COMPLY WITH THIS
30 REQUIREMENT OR FALSIFICATION OF SELF-CERTIFICATION.
19830S0942B1619 - 39 -
1 SUBCHAPTER I
2 MISCELLANEOUS PROVISIONS
3 SEC.
4 1791. NOTICE OF AVAILABLE BENEFITS AND LIMITS.
5 1792. AVAILABILITY OF UNINSURED, UNDERINSURED, BODILY INJURY
6 LIABILITY AND PROPERTY DAMAGE COVERAGES.
7 1793. SPECIAL PROVISIONS RELATING TO PREMIUMS.
8 1794. COMPULSORY JUDICIAL ARBITRATION JURISDICTION.
9 1795. INSURANCE FRAUD REPORTING IMMUNITY.
10 § 1791. NOTICE OF AVAILABLE BENEFITS AND LIMITS.
11 IT SHALL BE PRESUMED THAT THE INSURED HAS BEEN ADVISED OF THE
12 BENEFITS AND LIMITS AVAILABLE UNDER THIS CHAPTER PROVIDED THE
13 FOLLOWING NOTICE IN BOLD PRINT OF AT LEAST TEN-POINT TYPE IS
14 GIVEN TO THE APPLICANT AT THE TIME OF APPLICATION FOR ORIGINAL
15 COVERAGE OR AT THE TIME OF THE FIRST RENEWAL AFTER JULY 1, 1984
16 AND NO OTHER NOTICE OR REJECTION SHALL BE REQUIRED:
17 IMPORTANT NOTICE
18 INSURANCE COMPANIES OPERATING IN THE COMMONWEALTH OF
19 PENNSYLVANIA ARE REQUIRED BY LAW TO MAKE AVAILABLE FOR
20 PURCHASE THE FOLLOWING BENEFITS FOR YOU, YOUR SPOUSE OR
21 OTHER RELATIVES OR MINORS IN YOUR CUSTODY OR IN THE
22 CUSTODY OF YOUR RELATIVES, RESIDING IN YOUR HOUSEHOLD,
23 OCCUPANTS OF YOUR MOTOR VEHICLE OR PERSONS STRUCK BY YOUR
24 MOTOR VEHICLE:
25 (1) MEDICAL BENEFITS, UP TO AT LEAST $100,000.
26 (2) INCOME LOSS BENEFITS, UP TO AT LEAST $2,500 PER
27 MONTH UP TO A MAXIMUM BENEFIT OF AT LEAST $50,000.
28 (3) ACCIDENTAL DEATH BENEFITS, UP TO AT LEAST
29 $25,000.
30 (4) FUNERAL BENEFITS, $2,500.
19830S0942B1619 - 40 -
1 (5) AS AN ALTERNATIVE TO PARAGRAPHS (1) THROUGH (4),
2 A COMBINATION BENEFIT, UP TO AT LEAST $277,500 OF
3 BENEFITS IN THE AGGREGATE OR BENEFITS PAYABLE UP TO THREE
4 YEARS FROM THE DATE OF THE ACCIDENT, WHICHEVER OCCURS
5 FIRST, SUBJECT TO A LIMIT ON ACCIDENTAL DEATH BENEFIT OF
6 UP TO $25,000 AND A LIMIT ON FUNERAL BENEFIT OF $2,500.
7 (6) UNINSURED, UNDERINSURED AND BODILY INJURY
8 LIABILITY COVERAGE UP TO AT LEAST $100,000 BECAUSE OF
9 INJURY TO ONE PERSON IN ANY ONE ACCIDENT AND UP TO AT
10 LEAST $300,000 BECAUSE OF INJURY TO TWO OR MORE PERSONS
11 IN ANY ONE ACCIDENT OR, AT THE OPTION OF THE INSURER, UP
12 TO AT LEAST $300,000 IN A SINGLE LIMIT FOR THESE
13 COVERAGES, EXCEPT FOR POLICIES ISSUED UNDER THE ASSIGNED
14 RISK PLAN. ALSO, AT LEAST $7,500 PRIOR TO JULY 1, 1986
15 AND AT LEAST $10,000 ON OR AFTER THAT DATE FOR DAMAGE TO
16 PROPERTY OF OTHERS IN ANY ONE ACCIDENT.
17 ADDITIONALLY, INSURERS MAY OFFER HIGHER BENEFIT LEVELS
18 THAN THOSE ENUMERATED ABOVE AS WELL AS ADDITIONAL
19 BENEFITS. HOWEVER, AN INSURED MAY ELECT TO PURCHASE LOWER
20 BENEFIT LEVELS THAN THOSE ENUMERATED ABOVE.
21 YOUR SIGNATURE ON THIS NOTICE OR YOUR PAYMENT OF ANY
22 RENEWAL PREMIUM EVIDENCES YOUR ACTUAL KNOWLEDGE AND
23 UNDERSTANDING OF THE AVAILABILITY OF THESE BENEFITS AND
24 LIMITS AS WELL AS THE BENEFITS AND LIMITS YOU HAVE
25 SELECTED.
26 § 1792. AVAILABILITY OF UNINSURED, UNDERINSURED, BODILY INJURY
27 LIABILITY AND PROPERTY DAMAGE COVERAGES.
28 EXCEPT FOR POLICIES ISSUED UNDER SUBCHAPTER D (RELATING TO
29 ASSIGNED RISK PLAN), AN INSURER ISSUING A POLICY OF BODILY
30 INJURY LIABILITY COVERAGE PURSUANT TO THIS CHAPTER SHALL MAKE
19830S0942B1619 - 41 -
1 AVAILABLE FOR PURCHASE HIGHER LIMITS OF UNINSURED, UNDERINSURED
2 AND BODILY INJURY LIABILITY COVERAGES UP TO AT LEAST $100,000
3 BECAUSE OF INJURY TO ONE PERSON IN ANY ONE ACCIDENT AND UP TO AT
4 LEAST $300,000 BECAUSE OF INJURY TO TWO OR MORE PERSONS IN ANY
5 ONE ACCIDENT OR, AT THE OPTION OF THE INSURER, UP TO AT LEAST
6 $300,000 IN A SINGLE LIMIT FOR THESE COVERAGES. ADDITIONALLY, AN
7 INSURER SHALL MAKE AVAILABLE FOR PURCHASE AT LEAST $7,500 PRIOR
8 TO JULY 1, 1986 AND AT LEAST $10,000 ON OR AFTER THAT DATE
9 BECAUSE OF DAMAGE TO PROPERTY OF OTHERS IN ANY ONE ACCIDENT.
10 HOWEVER, THE EXCLUSION OF AVAILABILITY RELATING TO THE ASSIGNED
11 RISK PLAN SHALL NOT APPLY TO DAMAGE TO PROPERTY OF OTHERS IN ANY
12 ONE ACCIDENT.
13 § 1793. SPECIAL PROVISIONS RELATING TO PREMIUMS.
14 (A) LIMITATION ON PREMIUM INCREASES.--AN INSURER SHALL NOT <--
15 (1) AN INSURER SHALL NOT INCREASE THE PREMIUM RATE OF AN <--
16 OWNER OF A POLICY OF INSURANCE SUBJECT TO THIS CHAPTER SOLELY
17 BECAUSE ONE OR MORE OF THE INSUREDS UNDER THE POLICY MADE A
18 CLAIM UNDER THE POLICY AND WAS PAID THEREON. UNLESS IT IS <--
19 DETERMINED THAT THE INSURED WAS AT FAULT IN CONTRIBUTING TO
20 THE ACCIDENT GIVING RISE TO THE CLAIM.
21 (2) NO INSURER SHALL CHARGE AN INSURED WHO HAS BEEN <--
22 CONVICTED OF A VIOLATION OF AN OFFENSE ENUMERATED IN SECTION
23 1535 (RELATING TO SCHEDULE OF CONVICTIONS AND POINTS) A
24 HIGHER RATE FOR A POLICY OF INSURANCE SOLELY ON ACCOUNT OF
25 THE CONVICTION. AN INSURER MAY CHARGE AN INSURED A HIGHER
26 RATE FOR A POLICY OF INSURANCE IF A CLAIM IS MADE UNDER
27 PARAGRAPH (1).
28 (B) SURCHARGE DISCLOSURE PLAN.--ALL INSURERS SHALL PROVIDE
29 TO THE INSURED A SURCHARGE DISCLOSURE PLAN. THE INSURER
30 PROVIDING THE SURCHARGE DISCLOSURE PLAN SHALL DETAIL THE
19830S0942B1619 - 42 -
1 PROVISIONS OF THE PLAN INCLUDING, BUT NOT LIMITED TO:
2 (1) A DESCRIPTION OF CONDITIONS THAT WOULD ASSESS A
3 PREMIUM SURCHARGE TO AN INSURED ALONG WITH THE ESTIMATED
4 INCREASE OF THE SURCHARGE PER POLICY PERIOD PER POLICYHOLDER.
5 (2) THE NUMBER OF YEARS ANY SURCHARGE WILL BE IN EFFECT.
6 THE SURCHARGE DISCLOSURE PLAN SHALL BE DELIVERED TO EACH INSURED
7 BY THE INSURER AT LEAST ONCE ANNUALLY. ADDITIONALLY, THE
8 SURCHARGE INFORMATION PLAN SHALL BE GIVEN TO EACH PROSPECTIVE
9 INSURED AT THE TIME APPLICATION IS MADE FOR MOTOR VEHICLE
10 INSURANCE COVERAGE.
11 (C) RETURN OF PREMIUMS OF CANCELED POLICIES.--WHEN AN
12 INSURER CANCELS A MOTOR VEHICLE INSURANCE POLICY WHICH IS
13 SUBJECT TO SECTION 6(3) OF THE ACT OF JUNE 5, 1968 (P.L.140,
14 NO.78), RELATING TO WRITING, CANCELLATION OF OR REFUSAL TO RENEW
15 POLICIES OF AUTOMOBILE INSURER, THE INSURER SHALL WITHIN 30 DAYS
16 OF CANCELING THE POLICY RETURN TO THE INSURED ALL PREMIUMS PAID
17 UNDER THE POLICY LESS ANY PRORATION FOR THE PERIOD THE POLICY
18 WAS IN EFFECT. PREMIUMS ARE OVERDUE IF NOT PAID TO THE INSURED
19 WITHIN 30 DAYS AFTER CANCELING THE POLICY. OVERDUE RETURN
20 PREMIUMS SHALL BEAR INTEREST AT THE RATE OF 12% PER ANNUM FROM
21 THE DATE THE RETURN PREMIUM BECAME DUE.
22 (D) RULES AND REGULATIONS.--THE INSURANCE DEPARTMENT SHALL
23 PROMULGATE RULES AND REGULATIONS ESTABLISHING GUIDELINES AND
24 PROCEDURES FOR DETERMINING FAULT OF AN INSURED FOR THE PURPOSE
25 OF SUBSECTION (A) AND GUIDELINES FOR THE CONTENT AND FORMAT OF
26 THE SURCHARGE DISCLOSURE PLAN.
27 § 1794. COMPULSORY JUDICIAL ARBITRATION JURISDICTION.
28 BEGINNING JULY 1, 1986, THE MONETARY LIMIT IN 42 PA.C.S. §
29 7361(B)(2)(I) (RELATING TO COMPULSORY ARBITRATION) FOR THE
30 SUBMISSION OF MATTERS TO JUDICIAL ARBITRATION IN JUDICIAL
19830S0942B1619 - 43 -
1 DISTRICTS EMBRACING FIRST AND SECOND CLASS COUNTIES SHALL BE
2 $25,000 FOR ACTIONS ARISING FROM THE OWNERSHIP, MAINTENANCE OR
3 USE OF A MOTOR VEHICLE.
4 § 1795. INSURANCE FRAUD REPORTING IMMUNITY.
5 (A) GENERAL RULE.--AN INSURANCE COMPANY, AND ANY AGENT,
6 SERVANT OR EMPLOYEE ACTING IN THE COURSE AND SCOPE OF HIS
7 EMPLOYMENT, SHALL BE IMMUNE FROM CIVIL OR CRIMINAL LIABILITY
8 ARISING FROM THE SUPPLY OR RELEASE OF WRITTEN OR ORAL
9 INFORMATION TO ANY DULY AUTHORIZED FEDERAL OR STATE LAW
10 ENFORCEMENT AGENCY UPON COMPLIANCE WITH THE FOLLOWING:
11 (1) THE INFORMATION IS SUPPLIED TO THE AGENCY IN
12 CONNECTION WITH AN ALLEGATION OF FRAUDULENT CONDUCT ON THE
13 PART OF ANY PERSON RELATING TO THE FILING OR MAINTENANCE OF A
14 MOTOR VEHICLE LIABILITY CLAIM FOR BODILY INJURY OR PROPERTY
15 DAMAGE.
16 (2) THE INSURANCE COMPANY, AGENT, SERVANT OR EMPLOYEE
17 HAS PROBABLE CAUSE TO BELIEVE THAT THE INFORMATION SUPPLIED
18 IS REASONABLY RELATED TO THE ALLEGATION OF FRAUD.
19 (B) NOTICE TO POLICYHOLDER.--THE INSURANCE COMPANY SHALL
20 SEND WRITTEN NOTICE TO THE POLICYHOLDER OR POLICYHOLDERS ABOUT
21 WHOM THE INFORMATION PERTAINS UNLESS THE INSURANCE COMPANY
22 RECEIVES NOTICE THAT THE AUTHORIZED AGENCY FINDS, BASED ON
23 SPECIFIC FACTS, THAT THERE IS REASON TO BELIEVE THAT THE
24 INFORMATION WILL RESULT IN ANY OF THE FOLLOWING:
25 (1) ENDANGERMENT TO THE LIFE OR PHYSICAL SAFETY OF ANY
26 PERSON.
27 (2) FLIGHT FROM PROSECUTION.
28 (3) DESTRUCTION OF OR TAMPERING WITH EVIDENCE.
29 (4) INTIMIDATION OF ANY POTENTIAL WITNESS OR WITNESSES.
30 (5) OBSTRUCTION OF OR SERIOUS JEOPARDY TO AN
19830S0942B1619 - 44 -
1 INVESTIGATION.
2 THE INSURANCE COMPANY SHALL SEND WRITTEN NOTICE NOT SOONER THAN
3 45 DAYS NOR MORE THAN 60 DAYS FROM THE TIME THE INFORMATION IS
4 FURNISHED TO AN AUTHORIZED AGENCY EXCEPT WHEN THE AUTHORIZED
5 AGENCY SPECIFIES THAT A NOTICE SHOULD NOT BE SENT IN ACCORDANCE
6 WITH THE EXCEPTIONS ENUMERATED IN THIS SUBSECTION IN WHICH EVENT
7 THE INSURANCE COMPANY SHALL SEND WRITTEN NOTICE TO THE
8 POLICYHOLDER NOT SOONER THAN 180 DAYS NOR MORE THAN 190 DAYS
9 FOLLOWING THE DATE THE INFORMATION IS FURNISHED.
10 (C) IMMUNITY FOR SENDING NOTICE.--AN INSURANCE COMPANY OR
11 AUTHORIZED AGENCY AND ANY PERSON ACTING ON BEHALF OF AN
12 INSURANCE COMPANY OR AUTHORIZED AGENCY COMPLYING WITH OR
13 ATTEMPTING IN GOOD FAITH TO COMPLY WITH SUBSECTION (B) SHALL BE
14 IMMUNE FROM CIVIL LIABILITY ARISING OUT OF ANY ACTS OR OMISSIONS
15 IN SO DOING.
16 (D) APPLICABILITY.--NOTHING IN THIS SECTION SHALL BE
17 CONSTRUED TO CREATE ANY RIGHTS TO PRIVACY OR CAUSES OF ACTION ON
18 BEHALF OF POLICYHOLDERS THAT ARE NOT IN EXISTENCE AS OF THE
19 EFFECTIVE DATE OF THIS SECTION.
20 SECTION 4. SECTIONS 3744(A), 3745 AND 6308(A) OF TITLE 75
21 ARE AMENDED TO READ:
22 § 3744. DUTY TO GIVE INFORMATION AND RENDER AID.
23 (A) GENERAL RULE.--THE DRIVER OF ANY VEHICLE INVOLVED IN AN
24 ACCIDENT RESULTING IN INJURY TO OR DEATH OF ANY PERSON OR DAMAGE
25 TO ANY VEHICLE OR OTHER PROPERTY WHICH IS DRIVEN OR ATTENDED BY
26 ANY PERSON SHALL GIVE HIS NAME, ADDRESS AND THE REGISTRATION
27 NUMBER OF THE VEHICLE HE IS DRIVING, AND SHALL UPON REQUEST
28 EXHIBIT HIS DRIVER'S LICENSE AND [PROOF OF INSURANCE]
29 INFORMATION RELATING TO FINANCIAL RESPONSIBILITY TO ANY PERSON
30 INJURED IN THE ACCIDENT OR TO THE DRIVER OR OCCUPANT OF OR
19830S0942B1619 - 45 -
1 PERSON ATTENDING ANY VEHICLE OR OTHER PROPERTY DAMAGED IN THE
2 ACCIDENT AND SHALL GIVE THE INFORMATION AND UPON REQUEST EXHIBIT
3 THE LICENSE AND [PROOF OF INSURANCE] INFORMATION RELATING TO
4 FINANCIAL RESPONSIBILITY TO ANY POLICE OFFICER AT THE SCENE OF
5 THE ACCIDENT OR WHO IS INVESTIGATING THE ACCIDENT AND SHALL
6 RENDER TO ANY PERSON INJURED IN THE ACCIDENT REASONABLE
7 ASSISTANCE, INCLUDING THE MAKING OF ARRANGEMENTS FOR THE
8 CARRYING OF THE INJURED PERSON TO A PHYSICIAN, SURGEON OR
9 HOSPITAL FOR MEDICAL OR SURGICAL TREATMENT IF IT IS APPARENT
10 THAT TREATMENT IS NECESSARY OR IF REQUESTED BY THE INJURED
11 PERSON.
12 * * *
13 § 3745. ACCIDENTS INVOLVING DAMAGE TO UNATTENDED VEHICLE OR
14 PROPERTY.
15 THE DRIVER OF ANY VEHICLE WHICH COLLIDES WITH OR IS INVOLVED
16 IN AN ACCIDENT WITH ANY VEHICLE OR OTHER PROPERTY WHICH IS
17 UNATTENDED RESULTING IN ANY DAMAGE TO THE OTHER VEHICLE OR
18 PROPERTY SHALL IMMEDIATELY STOP THE VEHICLE AT THE SCENE OF THE
19 ACCIDENT OR AS CLOSE THERETO AS POSSIBLE AND SHALL THEN AND
20 THERE EITHER LOCATE AND NOTIFY THE OPERATOR OR OWNER OF THE
21 DAMAGED VEHICLE OR OTHER PROPERTY OF HIS NAME, ADDRESS,
22 INFORMATION RELATING TO [THE CERTIFICATE OF INSURANCE] FINANCIAL
23 RESPONSIBILITY AND THE REGISTRATION NUMBER OF THE VEHICLE BEING
24 DRIVEN OR SHALL ATTACH SECURELY IN A CONSPICUOUS PLACE IN OR ON
25 THE DAMAGED VEHICLE OR OTHER PROPERTY A WRITTEN NOTICE GIVING
26 HIS NAME, ADDRESS, INFORMATION RELATING TO [THE CERTIFICATE OF
27 INSURANCE] FINANCIAL RESPONSIBILITY AND THE REGISTRATION NUMBER
28 OF THE VEHICLE BEING DRIVEN AND SHALL WITHOUT UNNECESSARY DELAY
29 NOTIFY THE NEAREST OFFICE OF A DULY AUTHORIZED POLICE
30 DEPARTMENT. EVERY STOP SHALL BE MADE WITHOUT OBSTRUCTING TRAFFIC
19830S0942B1619 - 46 -
1 MORE THAN IS NECESSARY.
2 § 6308. INVESTIGATION BY POLICE OFFICERS.
3 (A) DUTY OF OPERATOR OR PEDESTRIAN.--THE OPERATOR OF ANY
4 VEHICLE OR ANY PEDESTRIAN REASONABLY BELIEVED TO HAVE VIOLATED
5 ANY PROVISION OF THIS TITLE SHALL STOP UPON REQUEST OR SIGNAL OF
6 ANY POLICE OFFICER AND SHALL, UPON REQUEST, EXHIBIT A
7 REGISTRATION CARD, DRIVER'S LICENSE AND [PROOF OF INSURANCE]
8 INFORMATION RELATING TO FINANCIAL RESPONSIBILITY, OR OTHER MEANS
9 OF IDENTIFICATION IF A PEDESTRIAN OR DRIVER OF A PEDALCYCLE, AND
10 SHALL WRITE THEIR NAME IN THE PRESENCE OF THE POLICE OFFICER IF
11 SO REQUIRED FOR THE PURPOSE OF ESTABLISHING IDENTITY.
12 * * *
13 SECTION 5. (A) ANY INSURER SUBJECT TO 75 PA.C.S. CH. 17
14 (RELATING TO FINANCIAL RESPONSIBILITY) MAKING A FILING, WITH AN
15 EFFECTIVE DATE ON OR AFTER JULY 1, 1984, UNDER SECTION 4 OF THE
16 ACT OF JUNE 11, 1947 (P.L.538, NO.246), KNOWN AS THE CASUALTY
17 AND SURETY RATE REGULATORY ACT, SHALL BECOME EFFECTIVE
18 IMMEDIATELY UPON ITS FILING AND IS DEEMED TO COMPLY WITH THAT
19 ACT UNLESS DISAPPROVED BY THE INSURANCE COMMISSIONER UNDER THE
20 PROCEDURES PRESCRIBED IN SECTION 5 OF THAT ACT. THIS FILE AND
21 USE SECTION IS LIMITED TO TWO FILINGS PER COVERAGE.
22 (B) THIS SECTION SUPERSEDES THE PRIOR APPROVAL REQUIREMENTS
23 OF THE CASUALTY AND SURETY RATE REGULATORY ACT AND RULES AND
24 REGULATIONS PROMULGATED THEREUNDER INSOFAR AS THEY ARE
25 INCONSISTENT WITH THIS ACT.
26 (C) THIS SECTION EXPIRES JULY 1, 1985.
27 SECTION 6. A REFERENCE IN A STATUTE TO THE ACT OF JULY 19,
28 1974 (P.L.489, NO.176), KNOWN AS THE PENNSYLVANIA NO-FAULT MOTOR
29 VEHICLE INSURANCE ACT, SHALL BE DEEMED A REFERENCE TO 75 PA.C.S.
30 CH. 17 (RELATING TO FINANCIAL RESPONSIBILITY).
19830S0942B1619 - 47 -
1 SECTION 7. (A) EXCEPT AS PROVIDED IN SUBSECTION (B), THE
2 PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY PROVISION OF THIS
3 ACT OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD
4 INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR
5 APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT THE
6 INVALID PROVISION OR APPLICATION.
7 (B) THE PROVISIONS OF 75 PA.C.S. CH. 17 SUBCH. F (RELATING
8 TO CATASTROPHIC LOSS TRUST FUND) ARE NONSEVERABLE. IF ANY
9 PROVISION OF THAT SUBCHAPTER OR ITS APPLICATION TO ANY PERSON OR
10 CIRCUMSTANCES IS HELD INVALID, THE REMAINING PROVISIONS OR
11 APPLICATIONS OF THAT SUBCHAPTER ARE VOID.
12 SECTION 8. (A) THE ACT OF JULY 19, 1974 (P.L.489, NO.176),
13 KNOWN AS THE PENNSYLVANIA NO-FAULT MOTOR VEHICLE INSURANCE ACT,
14 IS REPEALED.
15 (B) THE FOLLOWING ACTS AND PARTS OF ACTS ARE REPEALED
16 INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT:
17 42 PA.C.S. § 7361(B)(2)(I) (RELATING TO COMPULSORY
18 ARBITRATION).
19 42 PA.C.S. § 8124(C)(9) (RELATING TO EXEMPTION OF PARTICULAR
20 PROPERTY).
21 (C) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS
22 THEY ARE INCONSISTENT WITH THIS ACT.
23 SECTION 9. THIS ACT APPLIES TO INSURANCE POLICIES ISSUED OR
24 RENEWED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT.
25 SECTION 10. THIS ACT SHALL TAKE EFFECT JULY 1, 1984, OR
26 IMMEDIATELY, WHICHEVER IS LATER.
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