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HB 679 - Trucks; certain insurance coverage; amend provisions

McBee, Louise (88th)	Floyd, Johnny W (138th)	Powell, Alan T (23rd)

Status Summary	HC:	Ins	SC:	I&L	FR:	02/17/99	LA:	03/16/00	S - Favorably Reported (CS )

First Reader Summary

A BILL to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability insurance policies, so as to change certain provisions relating to uninsured motorist coverage; to amend Code Section 40-9-37 of the Official Code of Georgia Annotated, relating to requirements for liability insurance policies, so as to provide for liability requirements as to certain vehicles; and for other purposes.

HB 679                                            LC 25 1607S 
 
 
 
 
 
 
                        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 requirements of motor vehicle 
  1- 3  liability insurance policies and uninsured motorist 
  1- 4  coverage, so as to provide for certain minimum liability 
  1- 5  coverage requirements; to change certain provisions relating 
  1- 6  to when motor vehicles shall not be deemed to be uninsured 
  1- 7  motor vehicles; to amend Chapter 9 of Title 40 of the 
  1- 8  Official Code of Georgia Annotated, relating to reporting 
  1- 9  motor vehicle accidents and proof of financial 
  1-10  responsibility, so as to change certain provisions relating 
  1-11  to definitions; to change certain provisions relating to 
  1-12  requirements for liability insurance policies; to change 
  1-13  certain provisions relating to duration of suspension and 
  1-14  when judgments deemed satisfied; to repeal conflicting laws; 
  1-15  and for other purposes. 
 
  1-16       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-17                           SECTION 1. 
 
  1-18  Code Section 33-7-11 of the Official Code of Georgia 
  1-19  Annotated, relating to requirements of motor vehicle 
  1-20  liability insurance policies and uninsured motorist 
  1-21  coverage, is amended by striking paragraph (1) of subsection 
  1-22  (a) and paragraph (2) of subsection (d) and inserting in 
  1-23  lieu thereof the following: 
 
  1-24      "(a)(1) No automobile liability policy or motor vehicle 
  1-25      liability policy shall be issued or delivered in this 
  1-26      state to the owner of such vehicle or shall be issued or 
  1-27      delivered by any insurer licensed in this state upon any 
  1-28      motor vehicle then principally garaged or principally 
  1-29      used in this state unless it contains an endorsement or 
  1-30      provisions undertaking to pay the insured all sums which 
  1-31      he said insured shall be legally entitled to recover as 
  1-32      damages from the owner or operator of an uninsured motor 
  1-33      vehicle, within limits exclusive of interests and costs 
  1-34      which at the option of the insured shall be: 
 
 
 
                                 -1- 
 
 
 
  2- 1        (A) Not less than $15,000.00 because of bodily injury 
  2- 2        to or death of one person in any one accident, and, 
  2- 3        subject to such limit for one person, $30,000.00 
  2- 4        because of bodily injury to or death of two or more 
  2- 5        persons in any one accident, and $10,000.00 because of 
  2- 6        injury to or destruction of property of the insured; 
  2- 7        and, in the case where the vehicle operated by the 
  2- 8        liable party is a truck or truck tractor having more 
  2- 9        than six wheels, not less than $250,000.00 because of 
  2-10        bodily injury to or death of one person in any one 
  2-11        accident, and, subject to such limit for one person, 
  2-12        $500,000.00 because of bodily injury to or death of 
  2-13        two or more persons in any one accident, and 
  2-14        $100,000.00 because of injury to or destruction of 
  2-15        property; 
 
  2-16        (B) Not greater than the limits of liability because 
  2-17        of bodily injury to or death of one person in any one 
  2-18        accident and of two or more persons in any one 
  2-19        accident, and because of injury to or destruction of 
  2-20        property of the insured which is contained in the 
  2-21        insured's personal coverage in the automobile 
  2-22        liability policy or motor vehicle liability policy 
  2-23        issued by the insurer to the insured." 
 
  2-24      "(2) A motor vehicle shall not be deemed to be an 
  2-25      uninsured motor vehicle within the meaning of this Code 
  2-26      section when the owner or operator of such motor vehicle 
  2-27      has deposited security, pursuant to Code Section 
  2-28      40-9-32, in the amount of $15,000.00 where only one 
  2-29      person was injured or killed, $30,000.00 where more than 
  2-30      one, or $10,000.00 for property damage amounts specified 
  2-31      in subparagraph (a)(1)(A) of this Code section." 
 
  2-32                           SECTION 2. 
 
  2-33  Chapter 9 of Title 40 of the Official Code of Georgia 
  2-34  Annotated, relating to reporting motor vehicle accidents and 
  2-35  proof of financial responsibility, is amended by striking 
  2-36  paragraph (5) of Code Section 40-9-2, relating to 
  2-37  definitions, and inserting in lieu thereof the following: 
 
  2-38      "(5) 'Proof of financial responsibility' means the 
  2-39      greater of: 
 
  2-40        (A) Proof of ability to respond in damages for 
  2-41        liability on account of accidents occurring subsequent 
  2-42        to the effective date of said proof, in the amounts 
  2-43        specified in subparagraph (a)(1)(A) of Code Section 
 
 
                                 -2- 
 
 
 
  3- 1        33-7-11 amount of $15,000.00 because of bodily injury 
  3- 2        to or death of one person in any one accident, and 
  3- 3        subject to said limit for one person, in the amount of 
  3- 4        $30,000.00 because of bodily injury to or death of two 
  3- 5        or more persons in any one accident, and in the amount 
  3- 6        of $10,000.00 because of injury to or destruction of 
  3- 7        property of others in any one accident; or 
 
  3- 8        (B) In the case of any person applying for or 
  3- 9        operating under a probationary driver's license issued 
  3-10        pursuant to Code Section 40-5-58, proof of ability to 
  3-11        respond in damages for liability on account of 
  3-12        accidents occurring subsequent to the effective date 
  3-13        of said proof, in the amount of $25,000.00 because of 
  3-14        bodily injury to or death of one person in any one 
  3-15        accident, and subject to said limit for one person, in 
  3-16        the amount of $50,000.00 because of bodily injury to 
  3-17        or death of two or more persons in any one accident, 
  3-18        and in the amount of $25,000.00 because of injury to 
  3-19        or destruction of property of others in any one 
  3-20        accident." 
 
  3-21                           SECTION 3. 
 
  3-22  Said chapter is further amended by striking subsection (a) 
  3-23  of Code Section 40-9-37, relating to requirements for 
  3-24  liability insurance policies, and inserting in lieu thereof 
  3-25  the following: 
 
  3-26    "(a) No liability insurance policy shall be effective 
  3-27    under Code Section 40-9-34 unless issued by an insurance 
  3-28    company authorized to do business in this state, except as 
  3-29    provided in subsection (b) of this Code section, and 
  3-30    unless such policy or bond is subject, if the accident has 
  3-31    resulted in bodily injury or death, to a limit to limits, 
  3-32    exclusive of interest and costs, of not less than 
  3-33    $15,000.00 because of bodily injury or death of one person 
  3-34    in any one accident and, subject to such limit for one 
  3-35    person, to a limit of not less than $30,000.00 because of 
  3-36    bodily injury or death to two or more persons in any one 
  3-37    accident and, if the accident has resulted in injury to or 
  3-38    destruction of property, to a limit of not less than 
  3-39    $10,000.00 because of injury to or destruction of property 
  3-40    of others in any one accident the amounts specified in 
  3-41    subparagraph (a)(1)(A) of Code Section 33-7-11." 
 
 
 
 
 
                                 -3- 
 
 
 
  4- 1                           SECTION 4. 
 
  4- 2  Said chapter is further amended by striking subsection (b) 
  4- 3  of Code Section 40-9-62, relating to duration of suspension 
  4- 4  and when judgments deemed satisfied, and inserting in lieu 
  4- 5  thereof the following: 
 
  4- 6    "(b) Judgment referred to in this article shall, for the 
  4- 7    purpose of this chapter only, be deemed satisfied: 
 
  4- 8      (1) When $15,000.00 or, in the case of a judgment debtor 
  4- 9      which is the owner of a truck or truck tractor having 
  4-10      more than six wheels, $250,000.00, has been credited 
  4-11      upon any judgment or judgments rendered in excess of 
  4-12      that amount because of bodily injury to or death of one 
  4-13      person as the result of any one accident; 
 
  4-14      (2) When, subject to such limit of $15,000.00 or 
  4-15      $250,000.00, as applicable, because of bodily injury to 
  4-16      or death of one person, $30,000.00 or, in the case of a 
  4-17      judgment debtor which is the owner of a truck or truck 
  4-18      tractor having more than six wheels, $500,000.00, has 
  4-19      been credited upon any judgment or judgments rendered in 
  4-20      excess of that amount because of bodily injury to or 
  4-21      death of two or more persons as the result of any one 
  4-22      accident; or 
 
  4-23      (3) When $10,000.00 or, in the case of a judgment debtor 
  4-24      which is the owner of a truck or truck tractor having 
  4-25      more than six wheels, $100,000.00, has been credited 
  4-26      upon any judgment or judgments rendered in excess of 
  4-27      that amount because of injury to or destruction of 
  4-28      property of others as a result of any one accident." 
 
  4-29                           SECTION 5. 
 
  4-30  All laws and parts of laws in conflict with this Act are 
  4-31  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -4-