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HB 1669 - Insurance; redefine uninsured motor vehicle

Wiles, John J (34th)

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First Reader Summary

A BILL to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to coverage of claims against uninsured motorists, so as to change certain provisions relating to the definition of uninsured motor vehicle; and for other purposes.

HB 1669                                            LC 19 4696 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 33-7-11 of the Official Code of 
  1- 2  Georgia Annotated, relating to coverage of claims against 
  1- 3  uninsured motorists, so as to change certain provisions 
  1- 4  relating to the definition of uninsured motor vehicle; to 
  1- 5  repeal conflicting laws; and for other purposes. 
 
  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 7                           SECTION 1. 
 
  1- 8  Code Section 33-7-11 of the Official Code of Georgia 
  1- 9  Annotated, relating to coverage of claims against uninsured 
  1-10  motorists, is amended by striking subparagraph (b)(1)(D) and 
  1-11  inserting in lieu thereof the following: 
 
  1-12        "(D) 'Uninsured motor vehicle' means a motor vehicle, 
  1-13        other than a motor vehicle owned by or furnished for 
  1-14        the regular use of the named insured, the spouse of 
  1-15        the named insured, and, while residents of the same 
  1-16        household, the relative of either, except as provided 
  1-17        by division (iii) of this subparagraph, as to which 
  1-18        there  is: 
 
  1-19          (i) No bodily injury liability insurance and 
  1-20          property damage liability insurance; 
 
  1-21          (ii) Bodily injury liability insurance and property 
  1-22          damage liability insurance with available coverages 
  1-23          which are less than the limits of the uninsured 
  1-24          motorist coverage provided under the insured's 
  1-25          insurance policy, but the motor vehicle shall only 
  1-26          be considered to be uninsured for the amount of the 
  1-27          difference between the available coverages under the 
  1-28          bodily injury liability insurance and property 
  1-29          damage liability insurance coverages on such motor 
  1-30          vehicle and the limits of the uninsured motorist 
  1-31          coverage provided under the insured's motor vehicle 
  1-32          insurance policy; and for this purpose available 
  1-33          coverages under the bodily injury liability 
  1-34          insurance and property damage liability insurance 
 
 
                                 -1- 
 
 
 
  2- 1          coverages on such motor vehicle shall be the limits 
  2- 2          of coverage less any amounts by which the maximum 
  2- 3          amounts payable under such limits of coverage have, 
  2- 4          by reason of payment of other claims or otherwise, 
  2- 5          been reduced below the limits of coverage; 
 
  2- 6          (iii) Bodily injury liability insurance and property 
  2- 7          damage liability insurance in existence but the 
  2- 8          insurance company writing the insurance has legally 
  2- 9          denied coverage under its policy, including without 
  2-10          limitation a motor vehicle for which coverage has 
  2-11          been denied under such policy because the motor 
  2-12          vehicle was operated by a person other than the 
  2-13          named insured without the express or implied consent 
  2-14          of the named insured; 
 
  2-15          (iv) Bodily injury liability and property damage 
  2-16          liability insurance in existence but the insurance 
  2-17          company writing the insurance is unable, because of 
  2-18          being insolvent, to make either full or partial 
  2-19          payment with respect to the legal liability of its 
  2-20          insured, provided that in the event that a partial 
  2-21          payment is made by or on behalf of the insolvent 
  2-22          insurer with respect to the legal liability of its 
  2-23          insured then the motor vehicle shall only be 
  2-24          considered to be uninsured for the amount of the 
  2-25          difference between the partial payment and the 
  2-26          limits of the uninsured motorist coverage provided 
  2-27          under the insured's motor vehicle insurance policy; 
  2-28          or 
 
  2-29          (v) No bond or deposit of cash or securities in lieu 
  2-30          of bodily injury and property damage liability 
  2-31          insurance." 
 
  2-32                           SECTION 2. 
 
  2-33  All laws and parts of laws in conflict with this Act are 
  2-34  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
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