PRINTER'S NO. 1438
No. 1226 Session of 1983
INTRODUCED BY REBER, LASHINGER, E. Z. TAYLOR, McVERRY, LEVIN,
KUKOVICH, PRATT, RYBAK, MAIALE, MRKONIC, RICHARDSON,
MICHLOVIC, DEAL, PETRARCA, KOSINSKI, McINTYRE, BALDWIN AND
HERSHEY, JUNE 21, 1983
REFERRED TO COMMITTEE ON INSURANCE, JUNE 21, 1983
AN ACT
1 Amending 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 increasing the length of time in which to bring an action for
11 survivor's benefits after the death.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 106(c)(2) of the act of July 19, 1974
15 (P.L.489, No.176), known as the Pennsylvania No-fault Motor
16 Vehicle Insurance Act, is amended to read:
17 § 106. Payment of claims for no-fault benefits.
18 * * *
19 (c) Time limitations on actions to recover benefits.--
20 * * *
21 (2) If no-fault benefits have not been paid to the
1 deceased victim or his survivor or survivors, an action for
2 survivor's benefits may be commenced not later than [one
3 year] two years after the death or four years after the
4 accident from which death results, whichever is earlier. If
5 survivor's benefits have been paid to any survivor, an action
6 for further survivor's benefits by either the same or another
7 claimant may be commenced not later than two years after the
8 last payment of benefits. If no-fault benefits have been paid
9 for loss suffered by a victim before his death resulting from
10 the injury, an action for survivor's benefits may be
11 commenced not later than [one year] two years after the death
12 or six years after the last payment of benefits, whichever is
13 earlier.
14 * * *
15 Section 2. This act shall take effect immediately.
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