Regular Session 2021-2022 Senate Bill 0676 P.N. 1851

PRIOR PRINTER'S NOS. 747, 1182, 747

PRINTER'S NO. 1851

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

676

Session of

2021

INTRODUCED BY PITTMAN, MENSCH, STEFANO, BAKER AND SCAVELLO,

MAY 11, 2021

AS AMENDED ON THIRD CONSIDERATION, JULY 7, 2022

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in financial responsibility, further providing for

DEFINITIONS, FOR AVAILABILITY, SCOPE AND AMOUNT OF COVERAGE,

FOR request for lower limits of coverage, for coverages in

excess of required amounts, for stacking of uninsured and

underinsured benefits and option to waive, for notice of

available benefits and limits and for availability of

uninsured, underinsured, bodily injury liability and property

damage coverages and mandatory deductibles.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 1734, 1736, 1738, 1791 and 1792(a) of

Title 75 of the Pennsylvania Consolidated Statutes are amended

to read:

SECTION 1. THE DEFINITION OF "FINANCIAL RESPONSIBILITY" IN

SECTION 1702 OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED

STATUTES IS AMENDED TO READ:

§ 1702. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

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"FINANCIAL RESPONSIBILITY." THE ABILITY TO RESPOND IN

DAMAGES FOR LIABILITY ON ACCOUNT OF ACCIDENTS ARISING OUT OF THE

MAINTENANCE OR USE OF A MOTOR VEHICLE IN THE MINIMUM AMOUNT OF

[$15,000] $30,000 BECAUSE OF INJURY TO ONE PERSON IN ANY ONE

ACCIDENT, IN THE AMOUNT OF [$30,000] $60,000 BECAUSE OF INJURY

TO TWO OR MORE PERSONS IN ANY ONE ACCIDENT AND IN THE MINIMUM

AMOUNT OF [$5,000] $10,000 BECAUSE OF DAMAGE TO PROPERTY OF

OTHERS IN ANY ONE ACCIDENT. THE FINANCIAL RESPONSIBILITY SHALL

BE IN A FORM ACCEPTABLE TO THE DEPARTMENT OF TRANSPORTATION.

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SECTION 2. SECTIONS 1731, 1734, 1736, 1738, 1791 AND 1792(A)

OF TITLE 75 ARE AMENDED TO READ:

§ 1731. AVAILABILITY, SCOPE AND AMOUNT OF COVERAGE.

(A) MANDATORY [OFFERING] COVERAGE.--NO MOTOR VEHICLE

LIABILITY INSURANCE POLICY SHALL BE DELIVERED OR ISSUED FOR

DELIVERY IN THIS COMMONWEALTH, WITH RESPECT TO ANY MOTOR VEHICLE

REGISTERED OR PRINCIPALLY GARAGED IN THIS COMMONWEALTH, UNLESS

UNINSURED MOTORIST AND UNDERINSURED MOTORIST COVERAGES ARE

[OFFERED THEREIN OR SUPPLEMENTAL THERETO IN AMOUNTS AS PROVIDED

IN SECTION 1734 (RELATING TO REQUEST FOR LOWER LIMITS OF

COVERAGE). PURCHASE OF UNINSURED MOTORIST AND UNDERINSURED

MOTORIST COVERAGES IS OPTIONAL.] PROVIDED THEREIN OR

SUPPLEMENTAL THERETO IN AT LEAST THE AMOUNTS SET FORTH IN

SUBSECTIONS (B) AND (C), UNLESS THE COVERAGE IS OTHERWISE

EXCLUDED.

(B) UNINSURED MOTORIST COVERAGE.--UNINSURED MOTORIST

COVERAGE SHALL PROVIDE PROTECTION FOR PERSONS WHO SUFFER INJURY

ARISING OUT OF THE MAINTENANCE OR USE OF A MOTOR VEHICLE AND ARE

LEGALLY ENTITLED TO RECOVER DAMAGES THEREFOR FROM OWNERS OR

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OPERATORS OF UNINSURED MOTOR VEHICLES. [THE NAMED INSURED SHALL

BE INFORMED THAT HE MAY REJECT UNINSURED MOTORIST COVERAGE BY

SIGNING THE FOLLOWING WRITTEN REJECTION FORM:

REJECTION OF UNINSURED MOTORIST PROTECTION

BY SIGNING THIS WAIVER I AM REJECTING UNINSURED MOTORIST

COVERAGE UNDER THIS POLICY, FOR MYSELF AND ALL RELATIVES

RESIDING IN MY HOUSEHOLD. UNINSURED COVERAGE PROTECTS ME AND

RELATIVES LIVING IN MY HOUSEHOLD FOR LOSSES AND DAMAGES

SUFFERED IF INJURY IS CAUSED BY THE NEGLIGENCE OF A DRIVER

WHO DOES NOT HAVE ANY INSURANCE TO PAY FOR LOSSES AND

DAMAGES. I KNOWINGLY AND VOLUNTARILY REJECT THIS COVERAGE.

..............................................................

SIGNATURE OF FIRST NAMED INSURED

..............................................................

DATE

(B.1) LIMITATION OF REJECTION.--UNINSURED MOTORIST

PROTECTION MAY BE REJECTED FOR THE DRIVER AND PASSENGERS FOR

RENTAL OR LEASE VEHICLES WHICH ARE NOT OTHERWISE COMMON CARRIERS

BY MOTOR VEHICLE, BUT SUCH COVERAGE MAY ONLY BE REJECTED IF THE

RENTAL OR LEASE AGREEMENT IS SIGNED BY THE PERSON RENTING OR

LEASING THE VEHICLE AND CONTAINS THE FOLLOWING REJECTION

LANGUAGE:

REJECTION OF UNINSURED MOTORIST PROTECTION

I AM REJECTING UNINSURED MOTORIST COVERAGE UNDER THIS

RENTAL OR LEASE AGREEMENT, AND ANY POLICY OF INSURANCE OR

SELF-INSURANCE ISSUED UNDER THIS AGREEMENT, FOR MYSELF

AND ALL OTHER PASSENGERS OF THIS VEHICLE. UNINSURED

COVERAGE PROTECTS ME AND OTHER PASSENGERS IN THIS VEHICLE

FOR LOSSES AND DAMAGES SUFFERED IF INJURY IS CAUSED BY

THE NEGLIGENCE OF A DRIVER WHO DOES NOT HAVE ANY

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INSURANCE TO PAY FOR LOSSES AND DAMAGES.

(B.2) REJECTION LANGUAGE CHANGE.--THE REJECTION LANGUAGE OF

SUBSECTION (B.1) MAY ONLY BE CHANGED GRAMMATICALLY TO REFLECT A

DIFFERENCE IN TENSE IN THE RENTAL AGREEMENT OR LEASE AGREEMENT.

(B.3) VEHICLE RENTAL SERVICES.--THE REQUIREMENTS OF

SUBSECTION (B.1) MAY BE MET IN CONNECTION WITH AN EXPEDITED

VEHICLE RENTAL SERVICE, WHICH SERVICE BY AGREEMENT OF THE RENTER

DOES NOT REQUIRE THE RENTER'S SIGNATURE FOR EACH RENTAL, IF A

MASTER ENROLLMENT OR RENTAL AGREEMENT CONTAINS THE REJECTION

LANGUAGE OF SUBSECTION (B.1) AND SUCH AGREEMENT IS SIGNED BY THE

RENTER.] SUCH COVERAGE SHALL BE IN THE MINIMUM AMOUNT OF $30,000

BECAUSE OF INJURY TO ONE PERSON IN ANY ONE ACCIDENT, AND IN THE

MINIMUM AMOUNT OF $60,000 BECAUSE OF INJURY TO TWO OR MORE

PERSONS IN ANY ONE ACCIDENT.

COVERAGE SHALL PROVIDE PROTECTION FOR PERSONS WHO SUFFER INJURY

ARISING OUT OF THE MAINTENANCE OR USE OF A MOTOR VEHICLE AND ARE

LEGALLY ENTITLED TO RECOVER DAMAGES THEREFOR FROM OWNERS OR

OPERATORS OF UNDERINSURED MOTOR VEHICLES. [THE NAMED INSURED

SHALL BE INFORMED THAT HE MAY REJECT UNDERINSURED MOTORIST

COVERAGE BY SIGNING THE FOLLOWING WRITTEN REJECTION FORM:

REJECTION OF UNDERINSURED MOTORIST PROTECTION

BY SIGNING THIS WAIVER I AM REJECTING UNDERINSURED

MOTORIST COVERAGE UNDER THIS POLICY, FOR MYSELF AND ALL

RELATIVES RESIDING IN MY HOUSEHOLD. UNDERINSURED COVERAGE

PROTECTS ME AND RELATIVES LIVING IN MY HOUSEHOLD FOR LOSSES

AND DAMAGES SUFFERED IF INJURY IS CAUSED BY THE NEGLIGENCE OF

A DRIVER WHO DOES NOT HAVE ENOUGH INSURANCE TO PAY FOR ALL

LOSSES AND DAMAGES. I KNOWINGLY AND VOLUNTARILY REJECT THIS

COVERAGE.

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SIGNATURE OF FIRST NAMED INSURED

..............................................................

DATE

(C.1) FORM OF WAIVER.--INSURERS SHALL PRINT THE REJECTION

FORMS REQUIRED BY SUBSECTIONS (B) AND (C) ON SEPARATE SHEETS IN

PROMINENT TYPE AND LOCATION. THE FORMS MUST BE SIGNED BY THE

FIRST NAMED INSURED AND DATED TO BE VALID. THE SIGNATURES ON THE

FORMS MAY BE WITNESSED BY AN INSURANCE AGENT OR BROKER. ANY

REJECTION FORM THAT DOES NOT SPECIFICALLY COMPLY WITH THIS

SECTION IS VOID. IF THE INSURER FAILS TO PRODUCE A VALID

REJECTION FORM, UNINSURED OR UNDERINSURED COVERAGE, OR BOTH, AS

THE CASE MAY BE, UNDER THAT POLICY SHALL BE EQUAL TO THE BODILY

INJURY LIABILITY LIMITS. ON POLICIES IN WHICH EITHER UNINSURED

OR UNDERINSURED COVERAGE HAS BEEN REJECTED, THE POLICY RENEWALS

MUST CONTAIN NOTICE IN PROMINENT TYPE THAT THE POLICY DOES NOT

PROVIDE PROTECTION AGAINST DAMAGES CAUSED BY UNINSURED OR

UNDERINSURED MOTORISTS. ANY PERSON WHO EXECUTES A WAIVER UNDER

SUBSECTION (B) OR (C) SHALL BE PRECLUDED FROM CLAIMING LIABILITY

OF ANY PERSON BASED UPON INADEQUATE INFORMATION.] SUCH COVERAGE

SHALL BE IN THE MINIMUM AMOUNT OF $30,000 BECAUSE OF INJURY TO

ONE PERSON IN ANY ONE ACCIDENT, AND IN THE MINIMUM AMOUNT OF

$60,000 BECAUSE OF INJURY TO TWO OR MORE PERSONS IN ANY ONE

ACCIDENT.

(D) LIMITATION ON RECOVERY.--

(1) A PERSON WHO RECOVERS DAMAGES UNDER UNINSURED

MOTORIST COVERAGE OR COVERAGES CANNOT RECOVER DAMAGES UNDER

UNDERINSURED MOTORIST COVERAGE OR COVERAGES FOR THE SAME

ACCIDENT.

(2) A PERSON PRECLUDED FROM MAINTAINING AN ACTION FOR

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NONECONOMIC DAMAGES UNDER SECTION 1705 (RELATING TO ELECTION

OF TORT OPTIONS) MAY NOT RECOVER FROM UNINSURED MOTORIST

COVERAGE OR UNDERINSURED MOTORIST COVERAGE FOR NONECONOMIC

DAMAGES.

§ 1734. [Request for [lower] different limits of coverage.

A named insured may request in writing the issuance of

coverages under section 1731 (relating to availability, scope

and amount of coverage) in amounts [equal to or less than] other

than the limits of liability for bodily injury.] A named insured

shall be conclusively presumed to have uninsured and

underinsured motorist coverage in the same amount as the bodily

injury liability in the policy, unless another amount is elected

in accordance with this chapter. REQUEST FOR DIFFERENT LIMITS.

(A) GENERAL RULE.--A NAMED INSURED MAY REQUEST IN WRITING

THE ISSUANCE OF COVERAGES UNDER SECTION 1731 (RELATING TO

AVAILABILITY, SCOPE AND AMOUNT OF COVERAGE) IN AMOUNTS OTHER

THAN THE LIMITS OF LIABILITY FOR BODILY INJURY, SUBJECT TO THE

MANDATORY COVERAGE SET FORTH IN SECTION 1731. A NAMED INSURED

SHALL BE CONCLUSIVELY PRESUMED TO HAVE UNINSURED AND

UNDERINSURED MOTORIST COVERAGE IN THE SAME AMOUNT OF BODILY

INJURY LIABILITY IN THE POLICY, UNLESS ANOTHER AMOUNT IS

SELECTED OR OTHERWISE PROVIDED IN ACCORDANCE WITH THIS CHAPTER.

(B) NOTICE OF UNINSURED AND UNDERINSURED MOTORIST

COVERAGE.--

(1) NO LATER THAN THE INITIAL ISSUANCE OR INITIAL

RENEWAL OF ALL MOTOR VEHICLE POLICIES DELIVERED OR ISSUED FOR

DELIVERY IN THE FIRST YEAR FOLLOWING 180 DAYS AFTER THE

EFFECTIVE DATE OF THIS SECTION, EACH INSURER SHALL PROVIDE IN

WRITING TO THE NAMED INSURED UNDER EACH POLICY THE FOLLOWING

NOTICE WITH RESPECT TO THE PURCHASE OF UNINSURED AND

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UNDERINSURED MOTORIST COVERAGE:

UNINSURED AND UNDERINSURED MOTORIST COVERAGE IS

AVAILABLE TO PROVIDE COMPENSATION FOR INJURIES CAUSED

BY PERSONS WHO EITHER HAVE NO AUTOMOBILE INSURANCE OR

DO NOT HAVE ENOUGH AUTOMOBILE INSURANCE TO COMPENSATE

YOU AND YOUR FAMILY FOR YOUR LOSS. THIS COVERAGE IS

IMPORTANT TO PROVIDE PROTECTION FOR YOU.

PREVIOUSLY, YOU WERE ABLE TO REJECT THE PURCHASE OF

UNINSURED AND UNDERINSURED COVERAGE. YOU ARE NOW

REQUIRED TO PURCHASE THIS COVERAGE IN THE MINIMUM

AMOUNT OF $30,000 BECAUSE OF INJURY TO ONE PERSON IN

ANY ONE ACCIDENT, AND IN THE MINIMUM AMOUNT OF

$60,000 BECAUSE OF INJURY TO TWO OR MORE PERSONS IN

ANY ONE ACCIDENT.

PREVIOUSLY, YOU WERE ALSO ABLE TO PURCHASE STACKING

OF UNINSURED AND UNDERINSURED MOTORIST COVERAGE.

STACKING INCREASES YOUR UNINSURED AND UNDERINSURED

MOTORIST COVERAGE BY ADDING THE LIMITS OF THIS

COVERAGE FOR EACH VEHICLE FOR WHICH THE INJURED

PERSON IS AN INSURED.

WHILE STACKING HAS BEEN ELIMINATED BY LAW, YOU STILL

HAVE THE RIGHT TO PURCHASE UNINSURED AND UNDERINSURED

MOTORIST COVERAGE UP TO AT LEAST FOUR TIMES THE

AMOUNT OF YOUR LIABILITY COVERAGE. YOU ALSO RETAIN

THE RIGHT TO PURCHASE UNINSURED AND UNDERINSURED

MOTORIST COVERAGE LESS THAN THE AMOUNT OF YOUR

LIABILITY COVERAGE, PROVIDED THAT IT AT LEAST EQUALS

THE $30,000 AND $60,000 COVERAGE PROTECTIONS NOTED

ABOVE.

(2) EACH INSURER SHALL CERTIFY TO THE INSURANCE

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DEPARTMENT THAT IT HAS COMPLIED WITH THE NOTICE REQUIREMENT

IN PARAGRAPH (1). AN INSURER'S FAILURE TO ESTABLISH

COMPLIANCE WITH THIS NOTICE REQUIREMENT SHALL BE SUBJECT TO

THE DEPARTMENT'S REVIEW AND ENFORCEMENT UNDER THE ACT OF

DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR

TRADE PRACTICES AND CONSUMER PROTECTION LAW.

[§ 1736. Coverages in excess of required amounts.

The coverages provided under this subchapter may be offered

by insurers in amounts higher than those required by this

chapter [but] and may [not] be greater than the limits of

liability specified in the bodily injury liability provisions of

the insured's policy.]

§ 1738. Stacking of uninsured and underinsured benefits [and

option to waive] prohibited.

[(a) Limit for each vehicle.--When more than one vehicle is

insured under one or more policies providing uninsured or

underinsured motorist coverage, the stated limit for uninsured

or underinsured coverage shall apply separately to each vehicle

so insured. The limits of coverages available under this

subchapter for an insured shall be the sum of the limits for

each motor vehicle as to which the injured person is an insured.

(b) Waiver.--Notwithstanding the provisions of subsection

(a), a named insured may waive coverage providing stacking of

uninsured or underinsured coverages in which case the limits of

coverage available under the policy for an insured shall be the

stated limits for the motor vehicle as to which the injured

person is an insured.

uninsured or underinsured motorist coverage for more than one

vehicle under a policy shall be provided the opportunity to

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waive the stacked limits of coverage and instead purchase

coverage as described in subsection (b). The premiums for an

insured who exercises such waiver shall be reduced to reflect

the different cost of such coverage.

(d) Forms.--

(1) The named insured shall be informed that he may

exercise the waiver of the stacked limits of uninsured

motorist coverage by signing the following written rejection

form:

UNINSURED COVERAGE LIMITS

By signing this waiver, I am rejecting stacked limits

of uninsured motorist coverage under the policy for

myself and members of my household under which the limits

of coverage available would be the sum of limits for each

motor vehicle insured under the policy. Instead, the

limits of coverage that I am purchasing shall be reduced

to the limits stated in the policy. I knowingly and

voluntarily reject the stacked limits of coverage. I

understand that my premiums will be reduced if I reject

this coverage.

Signature of First Named Insured

Date

(2) The named insured shall be informed that he may

exercise the waiver of the stacked limits of underinsured

motorist coverage by signing the following written rejection

form:

UNDERINSURED COVERAGE LIMITS

By signing this waiver, I am rejecting stacked limits

of underinsured motorist coverage under the policy for

myself and members of my household under which the limits

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of coverage available would be the sum of limits for each

motor vehicle insured under the policy. Instead, the

limits of coverage that I am purchasing shall be reduced

to the limits stated in the policy. I knowingly and

voluntarily reject the stacked limits of coverage. I

understand that my premiums will be reduced if I reject

this coverage.

Signature of First Named Insured

Date

(e) Signature and date.--The forms described in subsection

(d) must be signed by the first named insured and dated to be

valid. Any rejection form that does not comply with this section

is void.]

(a) General rule.--Regardless of the number of policies

issued, vehicles or premiums shown on a policy, premiums paid,

persons covered, vehicles involved in an accident, claims made

or lawsuits filed, in no event shall the limit of liability for

uninsured or underinsured motorist coverage applicable to two or

more motor vehicles covered under the same or separate policies,

where the injured person is a named insured or resident relative

under the policy or policies, be added together to determine the

liability for the coverage available to an injured person or

persons for any one accident.

(b) Noncovered vehicles.--If a person insured for uninsured

or underinsured coverage under a policy is an occupant of a

vehicle not covered in the policy, the priority of recovery in

section 1733 (relating to priority of recovery) shall apply. The

maximum amount payable under section 1733(a)(2) shall be the

single highest limit on any one vehicle for which the injured

person is a named insured or resident relative under the policy.

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underinsured motorist coverage is an occupant of a vehicle

covered in that policy, the uninsured or underinsured motorist

coverage afforded by the policy covering the vehicle occupied at

the time of the accident shall be the only uninsured and

underinsured motorist coverage available.

(d) Pedestrians.--If a person insured for uninsured or

underinsured motorist coverage is injured as a pedestrian in a

motor vehicle accident, the uninsured or underinsured motorist

coverage shall be the single highest limit on any one vehicle

for which the injured person is a named insured or insured under

the policy.

(A) GENERAL RULE.--THE LIMIT OF LIABILITY FOR UNINSURED AND

UNDERINSURED MOTORIST COVERAGE APPLICABLE TO TWO OR MORE MOTOR

VEHICLES COVERED UNDER ONE OR MORE POLICIES DELIVERED OR ISSUED

FOR DELIVERY IN THIS COMMONWEALTH SHALL NOT BE ADDED TOGETHER TO

DETERMINE THE LIMIT OF THE COVERAGE AVAILABLE TO AN INSURED FOR

INJURIES SUSTAINED IN AN ACCIDENT.

(B) PERSONS IN NONCOVERED VEHICLES.--IF AN INSURED IS

INJURED AS AN OCCUPANT OF A VEHICLE NOT COVERED BY THE POLICY

UNDER WHICH THE PERSON IS AN INSURED, THE INSURED MAY RECOVER,

UNLESS THE COVERAGE IS OTHERWISE EXCLUDED:

(1) BENEFITS IN ACCORDANCE WITH SECTION 1733(A)(1)

(RELATING TO PRIORITY OF RECOVERY).

(2) BENEFITS UNDER SECTION 1733(A)(2), PROVIDED THE

MAXIMUM TOTAL RECOVERY UNDER ALL POLICIES PROVIDING BENEFITS

IN ACCORDANCE WITH SECTION 1733(A)(2) SHALL BE THE SINGLE-

HIGHEST LIMIT ON ANY ONE VEHICLE UNDER ANY ONE POLICY FOR

WHICH THE PERSON IS AN INSURED.

(3) NOTWITHSTANDING ANY EXCLUSION IN A MOTOR VEHICLE

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POLICY SUBJECT TO THIS CHAPTER, AN INSURER MAY NOT EXCLUDE

UNINSURED AND UNDERINSURED MOTORIST COVERAGE SOLELY BECAUSE

AN INSURED IS INJURED IN A VEHICLE OPERATED BY THE INSURED

BUT NOT COVERED BY THE INSURED ' S POLICY, PROVIDED THE

INSURED ' S USE OF THE VEHICLE IS WITH THE PERMISSION OF THE

OWNER OF THE VEHICLE AND THE VEHICLE IS FURNISHED FOR THE

REGULAR USE OF THE INSURED.

AS AN OCCUPANT OF A VEHICLE COVERED BY THE POLICY UNDER WHICH

THE PERSON IS AN INSURED, UNLESS THE COVERAGE IS OTHERWISE

EXCLUDED, THE INSURED MAY RECOVER ONLY THE UNINSURED OR

UNDERINSURED MOTORIST COVERAGE AFFORDED BY THE POLICY COVERING

THE VEHICLE OCCUPIED BY THE INSURED AT THE TIME OF THE ACCIDENT.

THE LIMITATION UNDER THIS SUBSECTION DOES NOT APPLY TO GUEST

PASSENGERS WHO MAY STILL RECOVER IN ACCORDANCE WITH THE SOURCES

OF PAYMENT PROVIDED UNDER SECTION 1733.

(D) PEDESTRIANS.--IF AN INSURED IS INJURED AS A PEDESTRIAN,

THE MAXIMUM TOTAL RECOVERY UNDER ALL POLICIES PROVIDING BENEFITS

IN ACCORDANCE WITH SECTION 1733(A)(2) SHALL BE THE SINGLE-

HIGHEST LIMIT ON ANY ONE VEHICLE FOR WHICH THE PERSON IS AN

INSURED.

§ 1791. Notice of available benefits and limits.

[It] EXCEPT AS OTHERWISE SPECIFIED BY STATUTE, IT shall be

presumed that the insured has been advised of the benefits and

limits available under this chapter provided the following

notice in bold print of at least ten-point type is given to the

applicant at the time of application for original coverage, and

no other notice or rejection shall be required:

IMPORTANT NOTICE

Insurance companies operating in the Commonwealth of

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Pennsylvania are required by law to make available for

purchase the following benefits for you, your spouse or

other relatives or minors in your custody or in the

custody of your relatives, residing in your household,

occupants of your motor vehicle or persons struck by your

motor vehicle:

(1) Medical benefits, up to at least $100,000.

(1.1) Extraordinary medical benefits, from $100,000

to $1,100,000 which may be offered in increments of

$100,000.

(2) Income loss benefits, up to at least $2,500 per

month up to a maximum benefit of at least $50,000.

(3) Accidental death benefits, up to at least

$25,000.

(4) Funeral benefits, $2,500.

(5) As an alternative to paragraphs (1), (2), (3)

and (4), a combination benefit, up to at least $177,500

of benefits in the aggregate or benefits payable up to

three years from the date of the accident, whichever

occurs first, subject to a limit on accidental death

benefit of up to $25,000 and a limit on funeral benefit

of $2,500, provided that nothing contained in this

subsection shall be construed to limit, reduce, modify or

change the provisions of section 1715(d) (relating to

availability of adequate limits).

(6) [Uninsured, underinsured and bodily] Bodily

injury liability coverage up to at least $100,000 because

of injury to one person in any one accident and up to at

least $300,000 because of injury to two or more persons

in any one accident or, at the option of the insurer, up

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to at least $300,000 in a single limit for these

coverages, except for policies issued under the Assigned

Risk Plan. Also, at least [$5,000] $10,000 for damage to

property of others in any one accident.

[Additionally, insurers] (7) Uninsured and

underinsured liability coverage up to at least $300,000

because of injury to one person in any one accident and

up to at least $900,000 because of injury to two or more

persons in any one accident or, at the option of the

insurer, up to at least $900,000 in a single limit for

these coverages, except for policies issued under the

Assigned Risk Plan. (7) UNINSURED AND UNDERINSURED

MOTORIST COVERAGE UP TO AT LEAST FOUR TIMES THE AMOUNT OF

BODILY INJURY LIABILITY COVERAGE THAT IS PURCHASED,

EXCEPT FOR POLICIES ISSUED UNDER THE ASSIGNED RISK PLAN.

(8) Insurers may offer higher benefit levels than

those enumerated above as well as additional benefits.

[However, an insured may elect to purchase lower benefit

levels than those enumerated above.

Your signature on this notice or your payment of any

renewal premium evidences your actual knowledge and

understanding of the availability of these benefits and

limits as well as the benefits and limits you have

selected.] YOUR SIGNATURE ON THIS NOTICE EVIDENCES YOUR

ACTUAL KNOWLEDGE AND UNDERSTANDING OF THE BENEFITS

AVAILABLE.

If you have any questions or you do not understand all of

the various options available to you, contact your agent

or company.

If you do not understand any of the provisions contained

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in this notice, contact your agent or company before you

sign.

§ 1792. Availability of uninsured, underinsured, bodily injury

liability and property damage coverages and mandatory

deductibles.

(a) Availability of [coverages.--] UNINSURED, UNDERINSURED,

BODILY INJURY LIABILITY AND PROPERTY DAMAGE COVERAGES AND

MANDATORY DEDUCTIBLES.--

(1) Except for policies issued under Subchapter D

(relating to Assigned Risk Plan)[, an]:

(i) An insurer DELIVERING OR issuing [a policy of

bodily injury liability coverage] FOR DELIVERY AN

AUTOMOBILE POLICY pursuant to this chapter shall make

available for purchase [higher] limits of [uninsured,

underinsured and] bodily injury liability coverages up to

at least $100,000 because of injury to one person in any

one accident and up to at least $300,000 because of

injury to two or more persons in any one accident or, at

the option of the insurer, up to at least $300,000 in a

single limit for these coverages.

(ii) An insurer issuing a policy of bodily injury

coverage under this chapter shall make available for

purchase higher limits of uninsured and underinsured

liability coverages up to at least $300,000 because of

injury to one person in any one accident and up to

$900,000 because of injury to two or more persons in any

one accident or, at the option of the insurers, up to at

least $900,000 in a single limit for these coverages. AN

INSURER DELIVERING OR ISSUING FOR DELIVERY AN AUTOMOBILE

POLICY OF INSURANCE IN THIS COMMONWEALTH PURSUANT TO THIS

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CHAPTER SHALL MAKE AVAILABLE FOR PURCHASE LIMITS OF

UNINSURED AND UNDERINSURED MOTORIST COVERAGE UP TO AT

LEAST FOUR TIMES THE AMOUNT OF BODILY INJURY COVERAGE

THAT IS PURCHASED.

(2) Additionally, an insurer shall make available for

purchase at least [$5,000] $10,000 because of damage to

property of others in any one accident. However, the

exclusion of availability relating to the Assigned Risk Plan

shall not apply to damage to property of others in any one

accident.

* * *

Section 2 3. The amendment OR ADDITION of 75 Pa.C.S. §§

1702, 1731, 1734, 1736, 1738, 1791 and 1792(a) shall apply to

policies DELIVERED OR issued FOR DELIVERY or renewed on or after

180 days after the effective date of this section. NOTHING IN

THIS ACT SHALL BE CONSTRUED TO ALTER THE ELECTION OF TORT

OPTIONS IN A POLICY ISSUED OR RENEWED ON OR AFTER ONE YEAR AFTER

THE EFFECTIVE DATE OF THIS SECTION.

Section 3. This act shall take effect in 180 days.

SECTION 4. THE FOLLOWING SHALL APPLY:

(1) ANY CHANGE IN COVERAGE OF AN AUTOMOBILE INSURANCE

POLICY DELIVERED, OR ISSUED FOR DELIVERY, IN THIS

COMMONWEALTH RESULTING FROM THE AMENDMENTS OF 75 PA.C.S. §§

1702, 1731 AND 1734 SHALL NOT IMPACT THE VALIDITY OF ANY

WAIVER, REJECTION, SELECTION OF BENEFITS OR AMOUNT OF

BENEFITS IN THAT POLICY BEYOND THE COVERAGE AMOUNTS AS A

RESULT OF THOSE AMENDMENTS, NOR REQUIRE THAT NEW FORMS BE

SIGNED BY THE NAMED INSURED IN THE POLICY.

(2) ANY FILING APPROVED BY THE INSURANCE DEPARTMENT

UNDER 75 PA.C.S. THAT CONTAINS AN EXCLUSION FOR UNINSURED OR

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UNDERINSURED MOTORIST COVERAGE THAT HAS NOT BEEN PREVIOUSLY

APPROVED BY THE INSURANCE DEPARTMENT SHALL BE POSTED ON THE

INSURANCE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE

NO LATER THAN SEVEN DAYS AFTER APPROVAL AND SHALL REMAIN

AVAILABLE ON THAT WEBSITE FOR ONE YEAR AFTER THE RENEWAL

EFFECTIVE DATE OF THE FILING.

SECTION 5. THIS ACT SHALL TAKE EFFECT IN 180 DAYS.

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