HOUSE AMENDED
PRIOR PRINTER'S NO. 1300 PRINTER'S NO. 1630
No. 1052 Session of 1985
INTRODUCED BY RHOADES AND REIBMAN, JULY 2, 1985
AS REPORTED FROM COMMITTEE ON INSURANCE, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 26, 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 1. PUNITIVE DAMAGES FOR DOWNHILL SKIING ACCIDENTS. <--
1 (A) LEGISLATIVE STATEMENT.--THE GENERAL ASSEMBLY FINDS THAT
2 THE SPORT OF DOWNHILL SKIING IS PRACTICED BY A LARGE NUMBER OF
3 CITIZENS OF THIS COMMONWEALTH AND ALSO ATTRACTS TO THIS
4 COMMONWEALTH LARGE NUMBERS OF NONRESIDENTS SIGNIFICANTLY
5 CONTRIBUTING TO THE ECONOMY OF THIS COMMONWEALTH. IT IS
6 RECOGNIZED THAT, AS IN SOME OTHER SPORTS, THERE ARE INHERENT
7 RISKS IN THE SPORT OF DOWNHILL SKIING. THE LAW OF THIS
8 COMMONWEALTH BEING UNCLEAR WITH REGARD TO THE INSURABILITY
9 AGAINST PUNITIVE DAMAGES, THE OPERATORS OF DOWNHILL SKIING AREAS
10 FACE UNCERTAINTY IN SECURING INSURANCE TO INDEMNIFY AGAINST
11 DOWNHILL SKIING ACCIDENTS.
12 (B) INSURABILITY.--IT IS NOT AGAINST THE PUBLIC POLICY OF
13 THIS COMMONWEALTH FOR AN INSURANCE COMPANY TO INSURE THE
14 OPERATOR OF A DOWNHILL SKIING AREA AGAINST PUNITIVE DAMAGES,
15 OTHER THAN THOSE PUNITIVE DAMAGES ARISING FROM AN INTENTIONAL
16 TORT COMMITTED BY SUCH OPERATOR.
17 (C) OTHER CASES.--NOTHING HEREIN CONTAINED SHALL BE
18 CONSTRUED TO CHANGE OR AMEND THE PUBLIC POLICY OF THIS
19 COMMONWEALTH WITH RESPECT TO THE INSURABILITY AGAINST PUNITIVE
20 DAMAGES IN CASES ARISING OTHER THAN FROM DOWNHILL SKIING.
21 Section 3 2. Applicability. <--
22 This act shall apply to all contracts of insurance entered
23 INTO, reissued or reaffirmed after the effective date of this <--
24 act.
25 Section 4 3. Effective date. <--
26 This act shall take effect in 60 days IMMEDIATELY. <--
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