PRINTER'S NO. 215
No. 221 Session of 1999
INTRODUCED BY MELLOW, MUSTO, STAPLETON, KASUNIC, COSTA,
TARTAGLIONE, LEMMOND AND WAUGH, JANUARY 25, 1999
REFERRED TO BANKING AND INSURANCE, JANUARY 25, 1999
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for notice of insurance options.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 1705(a)(2) of Title 75 of the
6 Pennsylvania Consolidated Statutes is amended to read:
7 § 1705. Election of tort options.
8 (a) Financial responsibility requirements.--
9 * * *
10 (2) Insurers shall print the above notice containing
11 both options on one sheet in prominent type and place in a
12 prominent location. Prior to renewing a consumer's limited
13 tort coverage, insurers shall orally inform the consumer that
14 under the limited tort option the consumer's ability to sue
15 for pain and suffering will be restricted to instances where
16 the consumer is seriously injured. Insurers shall orally
17 inform the consumer that under Pennsylvania statute "serious
1 injury" is defined as personal injury resulting in death,
2 serious impairment of body function or permanent serious
3 disfigurement. Any person signing, or otherwise bound by, a
4 document containing such terms is bound by such election and
5 is precluded from claiming liability of any person based upon
6 being inadequately informed in making the election between
7 full tort or limited tort alternatives. Where there are two
8 or more named insureds on a policy, any named insured may
9 make the full or limited tort election provided for in this
10 section for all named insureds on the policy.
11 * * *
12 Section 2. Section 1791.1 of Title 75 is amended by adding a
13 subsection to read:
14 § 1791.1. Disclosure of premium charges and tort options.
15 * * *
16 (b.1) Additional notice.--At the time of application for
17 limited tort coverage for private passenger motor vehicle
18 insurance and every renewal thereafter, insurers shall orally
19 inform the consumer that under the limited tort option the
20 consumer's ability to sue for pain and suffering will be
21 restricted to instances where the consumer is seriously injured.
22 Insurers shall orally inform the consumer that under
23 Pennsylvania statute "serious injury" is defined as personal
24 injury resulting in death, serious impairment of body function
25 or permanent serious disfigurement.
26 * * *
27 Section 3. This act shall take effect in 60 days.
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