PRINTER'S NO. 1598
No. 1415 Session of 1981
INTRODUCED BY GANNON, GRUPPO AND MARMION, MAY 11, 1981
REFERRED TO COMMITTEE ON INSURANCE, MAY 11, 1981
AN ACT
1 Amending the act of August 14, 1963 (P.L.909, No.433), entitled
2 "An act requiring, with limitations, that insurance policies
3 insuring against loss occurring in connection with motor
4 vehicles provide protection against certain uninsured
5 motorists," providing for coverage for property damage.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Subsections (a) and (e) of section 1, act of
9 August 14, 1963 (P.L.909, No.433), entitled "An act requiring,
10 with limitations, that insurance policies insuring against loss
11 occurring in connection with motor vehicles provide protection
12 against certain uninsured motorists," amended December 19, 1968
13 (P.L.1254, No.397), are amended to read:
14 Section 1. (a) No motor vehicle liability policy of
15 insurance insuring against loss resulting from liability imposed
16 by law for bodily injury or death suffered by any person arising
17 out of the ownership, maintenance or use of a motor vehicle
18 shall be delivered or issued for delivery in this State with
19 respect to any motor vehicle registered or principally garaged
1 in this State, unless coverage is provided therein or
2 supplemental thereto in limits for bodily injury or death as are
3 fixed from time to time by the General Assembly in [section 1421
4 of article XIV. of "The Vehicle Code," act of April 29, 1959
5 (P.L.58)] 75 Pa.C.S., (relating to Vehicles), under provisions
6 approved by the Insurance Commissioner, for the protection of
7 persons insured thereunder who are legally entitled to recover
8 damages from owners or operators of uninsured motor vehicles
9 because of bodily injury, sickness or disease, including death
10 resulting therefrom: Provided, That:
11 (1) An owner or operator of (i) any motor vehicle designed
12 for carrying freight or merchandise or, (ii) any motor vehicle
13 operated for the carriage of passengers for hire or
14 compensation, having in either instance been granted a
15 certificate of public convenience or a permit by the
16 Pennsylvania Public Utility Commission or been issued a
17 certificate of public convenience and necessity or a permit by
18 the Interstate Commerce Commission, and
19 (2) An owner or operator of any other motor vehicle designed
20 for carrying freight or merchandise or operated for the carriage
21 of passengers for hire whose employes are insured under the
22 provisions of "The Pennsylvania Workmen's Compensation Act," act
23 of June 2, 1915 (P.L.736, No.338), as amended, shall have the
24 right to reject such coverage in writing in which event, such
25 coverage need not be provided in or supplemental to a renewal
26 policy where such insured had rejected the coverage in
27 connection with a policy previously issued to him by the same
28 insurer. All such policies shall also include coverage for the
29 payment of all or part of the sums which persons insured
30 thereunder shall be legally entitled to recover as damages from
19810H1415B1598 - 2 -
1 owners or operators of uninsured automobiles, because of injury
2 to or destruction to the personal property of such insured.
3 * * *
4 (e) The coverage required by this section does not apply:
5 [(1) To property damage sustained by the insured.]
6 (2) To bodily injury sustained by the insured with respect
7 to which the insured or his representative shall, without the
8 written consent of the insurer, make any settlement with or
9 prosecute to judgment any action against any person who may be
10 legally liable therefore.
11 (3) In any instance where it would inure directly or
12 indirectly to the benefit of any workmen's compensation carrier
13 or to any person qualified as a self-insurer under any workmen's
14 compensation law.
15 * * *
16 Section 2. This act shall take effect in 90 days.
E7L40RAW/19810H1415B1598 - 3 -