PRINTER'S NO. 1300

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1052 Session of 1985


        INTRODUCED BY RHOADES AND REIBMAN, JULY 2, 1985

        REFERRED TO BANKING AND INSURANCE, JULY 2, 1985

                                     AN ACT

     1  Providing for the insurability of downhill ski area operators
     2     for punitive damages for unintentional tortious conduct.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Insurability of downhill ski operators extended.
     6     It is not against the public policy of this Commonwealth for
     7  an insurance company to insure the operator of a downhill skiing
     8  area against punitive damages arising from tortious conduct,
     9  other than those damages arising from an intentional tort
    10  attributable to malicious intent, committed by the operator.
    11  Section 2.  Punitive damages otherwise noninsurable.
    12     Nothing contained in this act shall be construed to change
    13  the public policy of this Commonwealth with respect to the
    14  noninsurability of punitive damages in cases arising other than
    15  from downhill skiing.
    16  Section 3.  Applicability.
    17     This act shall apply to all contracts of insurance entered,


     1  reissued or reaffirmed after the effective date of this act.
     2  Section 4.  Effective date.
     3     This act shall take effect in 60 days.


















    F10L40JAM/19850S1052B1300        - 2 -