PRINTER'S NO. 794
No. 733 Session of 1979
INTRODUCED BY ITKIN, DeVERTER, A. C. FOSTER, JR., KNEPPER,
KOWALYSHYN, W. W. FOSTER, RITTER, REED, MUSTO, DOMBROWSKI,
J. L. WRIGHT, JR., L. E. SMITH, NOYE, GIAMMARCO, STEIGHNER,
CIMINI, COWELL, DAWIDA, FISHER, CESSAR, SWEET, FREIND, ZORD,
HELFRICK, NOVAK, LETTERMAN, D. R. WRIGHT, KERNICK, GRABOWSKI,
MOWERY, MRKONIC, SIEMINSKI, MICHLOVIC, COLE, GLADECK,
CUNNINGHAM, SIRIANNI, BORSKI, SALVATORE, KUKOVICH, SEVENTY,
ZELLER AND REED, MARCH 19, 1979
REFERRED TO COMMITTEE ON INSURANCE, MARCH 19, 1979
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 further providing for converters and ineligible claimants.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Subsection (a)(1) of section 108 and section 208,
14 act of July 19, 1974 (P.L.489, No.176), known as the
15 "Pennsylvania No-fault Motor Vehicle Insurance Act," are amended
16 to read:
17 § 108. Assigned claims plan.
18 (a) General.--
19 (1) If this act is in effect on the date when the
1 accident resulting in injury occurs, a victim or the survivor
2 or survivors of a deceased victim may obtain basic benefits
3 through the assigned claims plan established pursuant to
4 subsection (b) of this section, if basic loss insurance:
5 (A) is not applicable to the injury for a reason
6 other than those specified in the provisions on
7 ineligible claimants;
8 [(B) is not applicable to the injury because the
9 victim converted a motor vehicle while he was under
10 fifteen years of age;]
11 (C) applicable to the injury cannot be identified;
12 (D) applicable to the injury is inadequate to
13 provide the contracted-for benefits because of financial
14 inability of an obligor to fulfill its obligations; or
15 (E) benefits are refused by an obligor for a reason
16 other than that the individual is not entitled in
17 accordance with this act to receive the basic loss
18 benefits claimed.
19 * * *
20 § 208. Ineligible claimants.
21 (a) Converter.--
22 (1) [Except as provided for assigned claims, a] A
23 converter of a motor vehicle is ineligible to receive no-
24 fault benefits, including benefits otherwise due him as a
25 survivor, from any source other than a contract of insurance
26 under which he is an insured, for any injury arising out of
27 the maintenance or use of the converted vehicle. If a
28 converter dies from such injuries, his survivor or survivors
29 are not entitled to no-fault benefits for survivor's loss
30 from any source other than a contract of insurance under
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1 which the converter is an insured.
2 (2) For purposes of this subsection and subsection (c)
3 of section 111 of this act, an individual is not a converter
4 of a motor vehicle if he used it in the good faith belief
5 that he was legally entitled to do so.
6 (b) Intentional injuries.--
7 (1) An individual who intentionally injures himself or
8 another individual is ineligible to receive no-fault benefits
9 for injury arising out of his acts, including benefits
10 otherwise due him as a survivor. If an individual dies as a
11 result of intentionally injuring himself, his survivor or
12 survivors are not entitled to no-fault benefits for
13 survivor's loss. An individual intentionally injures himself
14 or another individual if he acts or fails to act for the
15 purpose of causing such injury or with knowledge that such
16 injury is substantially certain to follow. [An] For purposes
17 of this subsection and section 111(c), an individual does not
18 intentionally injure himself or another individual:
19 (A) merely because his act or failure to act is
20 intentional or done with his realization that it creates
21 a grave risk of causing injury; or
22 (B) if the act or omission causing the injury is for
23 the purpose of averting bodily harm to himself or another
24 individual.
25 (2) For purposes of section 111(c) and section 206 of
26 this act, an individual does not intentionally injure himself
27 or another individual merely because his act or failure to
28 act is intentional or done with his realization that it
29 creates a grave risk of harm.
30 (c) Ownership and occupancy of a motor vehicle without
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1 security.--For purposes of this subsection, an individual who at
2 the time of the accident was the owner of a motor vehicle which
3 was registered or operated in this Commonwealth and was an
4 occupant of such motor vehicle with respect to which security
5 was not in effect and therefore was not in compliance with
6 section 104 shall not be entitled to no-fault benefits. If such
7 individual dies from such injuries, his survivor or survivors
8 are not entitled to no-fault benefits for survivor's loss.
9 (d) Nonresident occupants.--For the purposes of this
10 subsection, an individual who, at the time of the accident, was
11 not a resident of this State, was an occupant of a motor vehicle
12 not registered in this State and with respect to which security
13 was not in effect and therefore was not in compliance with
14 section 104 shall not be entitled to no-fault benefits. If such
15 individual dies from such injuries, his survivor or survivors
16 are not entitled to no-fault benefits for survivor's loss.
17 Section 2. This act shall take effect in 90 days.
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