1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, in financial responsibility, further providing for
3election of tort options.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 1705(a)(1) and (f) introductory paragraph
7of Title 75 of the Pennsylvania Consolidated Statutes are
8amended to read:

9§ 1705. Election of tort options.

10(a) Financial responsibility requirements.--

11(1) Each insurer, not less than 45 days prior to the
12first renewal of a private passenger motor vehicle liability
13insurance policy on and after July 1, 1990, shall notify in
14writing each named insured of the availability of two
15alternatives of full tort insurance and limited tort
16insurance described in subsections (c) and (d). The notice
17shall be a standardized form adopted by the commissioner and
18shall include the following language:

19NOTICE TO NAMED INSUREDS

1A. "Limited Right-to-Sue Tort" Option--The laws of the
2Commonwealth of Pennsylvania give you the right to choose
3a form of insurance that limits your right and the right
4of members of your household to seek financial
5compensation for injuries caused by other drivers. Under
6this form of insurance, you and other household members
7covered under this policy may seek recovery for all
8medical and other out-of-pocket expenses, but not for
9pain and suffering or other nonmonetary damages unless
10the injuries suffered fall within the definition of
11"serious injury" as set forth in the policy or unless one
12of several other exceptions noted in the policy applies.
13The annual premium for basic coverage as required by law
14under this "limited right-to-sue tort" option is $ .

15Additional coverages under this option are available at
16additional cost.

17B. "Full Right-to-Sue Tort" Option--The laws of the
18Commonwealth of Pennsylvania also give you the right to
19choose a form of insurance under which you maintain an
20unrestricted right for you and the members of your
21household to seek financial compensation for injuries
22caused by other drivers. Under this form of insurance,
23you and other household members covered under this policy
24may seek recovery for all medical and other out-of-pocket
25expenses and may also seek financial compensation for
26pain and suffering and other nonmonetary damages as a
27result of injuries caused by other drivers. The annual
28premium for basic coverage as required by law under this
29"full right-to-sue tort" option is $ .

30Additional coverages under this option are available at

1additional cost.

2C. You may contact your insurance agent, broker or
3company to discuss the cost of other coverages.

4D. If you wish to choose the "limited right-to-sue tort"
5option described in paragraph A, you must sign this
6notice where indicated below and return it. If you do not
7sign and return this notice, you will be considered to
8have chosen the "full right-to-sue tort" coverage as
9described in paragraph B and you will be charged the
10"full right-to-sue tort" premium.

11I wish to choose the "limited right-to-sue tort" option
12described in paragraph A:

13......................... ...........

14Named Insured Date

15E. If you wish to choose the "full right-to-sue tort"
16option described in paragraph B, you may sign this notice
17where indicated below and return it. However, if you do
18not sign and return this notice, you will be considered
19to have chosen the "full right-to-sue tort" coverage as
20described in paragraph B and you will be charged the
21"full right-to-sue tort" premium.

22I wish to choose the "full right-to-sue tort" option
23described in paragraph B:

24......................... ...........

25Named Insured Date

26* * *

27(f) Definitions.--The terms "tort" and "right to sue" shall 
28have the same meaning and be interpreted in the same manner. As 
29used in this section, the following words and phrases when used 
30in this section shall have the meanings given to them in this
 

1subsection unless the context clearly indicates otherwise:

2* * *

3Section 2. The amendment of 75 Pa.C.S. § 1705(a)(1) shall 
4only apply to new private passenger motor vehicle liability 
5insurance policies applied for and issued after 90 days after 
6the effective date of this section.

7Section 3. This act shall take effect in 60 days.