PRINTER'S NO. 1611
No. 1190 Session of 1997
INTRODUCED BY MAITLAND, BELARDI, CLARK, GEIST, HALUSKA,
HENNESSEY, JAMES, JOSEPHS, MUNDY, PLATTS, ROSS, SCRIMENTI,
SEMMEL, STEELMAN, E. Z. TAYLOR, TRELLO, TRUE, WAUGH,
C. WILLIAMS AND YOUNGBLOOD, APRIL 29, 1997
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 29, 1997
AN ACT
1 Amending Titles 42 (Judiciary and Judicial Procedure) and 75
2 (Vehicles) of the Pennsylvania Consolidated Statutes,
3 providing for specific findings on damages; and further
4 providing for motor vehicle insurance definitions and limits.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 7703. Specific findings on damages.
10 (a) Requirement.--In a civil action which arises out of the
11 negligent operation of a "motor vehicle," as defined in 75
12 Pa.C.S. § 102 (relating to definitions), if the defendant is
13 found not liable by reason of sudden emergency, the trier of
14 fact shall make a specific finding of the amount of damage
15 incurred by the plaintiff.
16 (b) Definition.--As used in this section, the term "sudden
17 emergency" means a sudden perilous or life-threatening situation
18 or the onset of a sudden physical impairment or illness, which
1 an individual could not avoid nor foresee.
2 Section 2. Section 1702 of Title 75 is amended by adding a
3 definition to read:
4 § 1702. Definitions.
5 The following words and phrases when used in this chapter
6 shall have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 * * *
9 "Sudden emergency." A sudden perilous or life-threatening
10 situation or the onset of a sudden physical impairment or
11 illness, which an individual could not avoid nor foresee.
12 * * *
13 Section 3. Section 1715(c) of Title 75 is amended to read:
14 § 1715. Availability of adequate limits.
15 * * *
16 (c) Restriction on providing first party benefits.--An
17 insurer shall not issue or deliver a policy providing first
18 party benefits in accordance with this subchapter unless the
19 policy also contains [coverage] all of the following:
20 (1) Coverage for liability in amounts at least equal to
21 the limits required for financial responsibility.
22 (2) A provision that, if, in a civil action, the
23 defendant is found not liable to the insured because of
24 sudden emergency, the insurer will pay to its insured the
25 damages under 42 Pa.C.S. § 7703 (relating to specific
26 findings on damages) up to the limits of the policy.
27 * * *
28 Section 4. This act shall apply as follows:
29 (1) The addition of 42 Pa.C.S. § 7703 shall apply to
30 civil actions commenced on or after the effective date of
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1 this section.
2 (2) The amendment of 75 Pa.C.S. § 1715(c) shall apply to
3 policies issued or renewed on or after the effective date of
4 this section.
5 Section 5. This act shall take effect in 60 days.
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