Bill Text: OH SB293 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To prohibit an automobile insurer from enforcing an intrafamily exclusion in an accident where a member of the family dies.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-02-07 - To Insurance, Commerce, & Labor [SB293 Detail]
Download: Ohio-2011-SB293-Introduced.html
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Senator Seitz
Cosponsor:
Senator Tavares
To amend section 3937.18 and to enact section 3937.46 | 1 |
of the Revised Code to prohibit an automobile | 2 |
insurer from enforcing an intrafamily exclusion in | 3 |
an accident where a member of the family dies. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3937.18 be amended and section | 5 |
3937.46 of the Revised Code be enacted to read as follows: | 6 |
Sec. 3937.18. (A) Any policy of insurance delivered or | 7 |
issued for delivery in this state with respect to any motor | 8 |
vehicle registered or principally garaged in this state that | 9 |
insures against loss resulting from liability imposed by law for | 10 |
bodily injury or death suffered by any person arising out of the | 11 |
ownership, maintenance, or use of a motor vehicle, may, but is not | 12 |
required to, include uninsured motorist coverage, underinsured | 13 |
motorist coverage, or both uninsured and underinsured motorist | 14 |
coverages. | 15 |
Unless otherwise defined in the policy or any endorsement to | 16 |
the policy, "motor vehicle," for purposes of the uninsured | 17 |
motorist coverage, underinsured motorist coverage, or both | 18 |
uninsured and underinsured motorist coverages, means a | 19 |
self-propelled vehicle designed for use and principally used on | 20 |
public roads, including an automobile, truck, semi-tractor, | 21 |
motorcycle, and bus. "Motor vehicle" also includes a motor home, | 22 |
provided the motor home is not stationary and is not being used as | 23 |
a temporary or permanent residence or office. "Motor vehicle" does | 24 |
not include a trolley, streetcar, trailer, railroad engine, | 25 |
railroad car, motorized bicycle, golf cart, off-road recreational | 26 |
vehicle, snowmobile, fork lift, aircraft, watercraft, construction | 27 |
equipment, farm tractor or other vehicle designed and principally | 28 |
used for agricultural purposes, mobile home, vehicle traveling on | 29 |
treads or rails, or any similar vehicle. | 30 |
(B) For purposes of any uninsured motorist coverage included | 31 |
in a policy of insurance, an "uninsured motorist" is the owner or | 32 |
operator of a motor vehicle if any of the following conditions | 33 |
applies: | 34 |
(1) There exists no bodily injury liability bond or insurance | 35 |
policy covering the owner's or operator's liability to the | 36 |
insured. | 37 |
(2) The liability insurer denies coverage to the owner or | 38 |
operator, or is or becomes the subject of insolvency proceedings | 39 |
in any state. | 40 |
(3) The identity of the owner or operator cannot be | 41 |
determined, but independent corroborative evidence exists to prove | 42 |
that the bodily injury, sickness, disease, or death of the insured | 43 |
was proximately caused by the negligence or intentional actions of | 44 |
the unidentified operator of the motor vehicle. For purposes of | 45 |
division (B)(3) of this section, the testimony of any insured | 46 |
seeking recovery from the insurer shall not constitute independent | 47 |
corroborative evidence, unless the testimony is supported by | 48 |
additional evidence. | 49 |
(4) The owner or operator has diplomatic immunity. | 50 |
(5) The owner or operator has immunity under Chapter 2744. of | 51 |
the Revised Code. | 52 |
An "uninsured motorist" does not include the owner or | 53 |
operator of a motor vehicle that is self-insured within the | 54 |
meaning of the financial responsibility law of the state in which | 55 |
the motor vehicle is registered. | 56 |
(C) If underinsured motorist coverage is included in a policy | 57 |
of insurance, the underinsured motorist coverage shall provide | 58 |
protection for insureds thereunder for bodily injury, sickness, or | 59 |
disease, including death, suffered by any insured under the | 60 |
policy, where the limits of coverage available for payment to the | 61 |
insured under all bodily injury liability bonds and insurance | 62 |
policies covering persons liable to the insured are less than the | 63 |
limits for the underinsured motorist coverage. Underinsured | 64 |
motorist coverage in this state is not and shall not be excess | 65 |
coverage to other applicable liability coverages, and shall only | 66 |
provide the insured an amount of protection not greater than that | 67 |
which would be available under the insured's uninsured motorist | 68 |
coverage if the person or persons liable to the insured were | 69 |
uninsured at the time of the accident. The policy limits of the | 70 |
underinsured motorist coverage shall be reduced by those amounts | 71 |
available for payment under all applicable bodily injury liability | 72 |
bonds and insurance policies covering persons liable to the | 73 |
insured. | 74 |
For purposes of underinsured motorist coverage, an | 75 |
"underinsured motorist" does not include the owner or operator of | 76 |
a motor vehicle that has applicable liability coverage in the | 77 |
policy under which the underinsured motorist coverage is provided. | 78 |
(D) With respect to the uninsured motorist coverage, | 79 |
underinsured motorist coverage, or both uninsured and underinsured | 80 |
motorist coverages included in a policy of insurance, an insured | 81 |
shall be required to prove all elements of the insured's claim | 82 |
that are necessary to recover from the owner or operator of the | 83 |
uninsured or underinsured motor vehicle. | 84 |
(E) The uninsured motorist coverage, underinsured motorist | 85 |
coverage, or both uninsured and underinsured motorist coverages | 86 |
included in a policy of insurance shall not be subject to an | 87 |
exclusion or reduction in amount because of any workers' | 88 |
compensation benefits payable as a result of the same injury or | 89 |
death. | 90 |
(F) Any policy of insurance that includes uninsured motorist | 91 |
coverage, underinsured motorist coverage, or both uninsured and | 92 |
underinsured motorist coverages may, without regard to any | 93 |
premiums involved, include terms and conditions that preclude any | 94 |
and all stacking of such coverages, including but not limited to: | 95 |
(1) Interfamily stacking, which is the aggregating of the | 96 |
limits of such coverages by the same person or two or more | 97 |
persons, whether family members or not, who are not members of the | 98 |
same household; | 99 |
(2) Intrafamily stacking, which is the aggregating of the | 100 |
limits of such coverages purchased by the same person or two or | 101 |
more family members of the same household. | 102 |
(G) Any policy of insurance that includes uninsured motorist | 103 |
coverage, underinsured motorist coverage, or both uninsured and | 104 |
underinsured motorist coverages and that provides a limit of | 105 |
coverage for payment of damages for bodily injury, including | 106 |
death, sustained by any one person in any one automobile accident, | 107 |
may, notwithstanding Chapter 2125. of the Revised Code, include | 108 |
terms and conditions to the effect that all claims resulting from | 109 |
or arising out of any one person's bodily injury, including death, | 110 |
shall collectively be subject to the limit of the policy | 111 |
applicable to bodily injury, including death, sustained by one | 112 |
person, and, for the purpose of such policy limit shall constitute | 113 |
a single claim. Any such policy limit shall be enforceable | 114 |
regardless of the number of insureds, claims made, vehicles or | 115 |
premiums shown in the declarations or policy, or vehicles involved | 116 |
in the accident. | 117 |
(H) Any policy of insurance that includes uninsured motorist | 118 |
coverage, underinsured motorist coverage, or both uninsured and | 119 |
underinsured motorist coverages may include terms and conditions | 120 |
requiring that, so long as the insured has not prejudiced the | 121 |
insurer's subrogation rights, each claim or suit for uninsured | 122 |
motorist coverage, underinsured motorist coverage, or both | 123 |
uninsured and underinsured motorist coverages be made or brought | 124 |
within three years after the date of the accident causing the | 125 |
bodily injury, sickness, disease, or death, or within one year | 126 |
after the liability insurer for the owner or operator of the motor | 127 |
vehicle liable to the insured has become the subject of insolvency | 128 |
proceedings in any state, whichever is later. | 129 |
(I) Any policy of insurance that includes uninsured motorist | 130 |
coverage, underinsured motorist coverage, or both uninsured and | 131 |
underinsured motorist coverages may, subject to section 3937.46 of | 132 |
the Revised Code, include terms and conditions that preclude | 133 |
coverage for bodily injury or death suffered by an insured under | 134 |
specified circumstances, including but not limited to any of the | 135 |
following circumstances: | 136 |
(1) While the insured is operating or occupying a motor | 137 |
vehicle owned by, furnished to, or available for the regular use | 138 |
of a named insured, a spouse, or a resident relative of a named | 139 |
insured, if the motor vehicle is not specifically identified in | 140 |
the policy under which a claim is made, or is not a newly acquired | 141 |
or replacement motor vehicle covered under the terms of the policy | 142 |
under which the uninsured motorist coverage, underinsured motorist | 143 |
coverage, or both uninsured and underinsured motorist coverages | 144 |
are provided; | 145 |
(2) While the insured is operating or occupying a motor | 146 |
vehicle without a reasonable belief that the insured is entitled | 147 |
to do so, provided that under no circumstances will an insured | 148 |
whose license has been suspended, revoked, or never issued, be | 149 |
held to have a reasonable belief that the insured is entitled to | 150 |
operate a motor vehicle; | 151 |
(3) When the bodily injury or death is caused by a motor | 152 |
vehicle operated by any person who is specifically excluded from | 153 |
coverage for bodily injury liability in the policy under which the | 154 |
uninsured motorist coverage, underinsured motorist coverage, or | 155 |
both uninsured and underinsured motorist coverages are provided; | 156 |
(4) While any employee, officer, director, partner, trustee, | 157 |
member, executor, administrator, or beneficiary of the named | 158 |
insured, or any relative of any such person, is operating or | 159 |
occupying a motor vehicle, unless the employee, officer, director, | 160 |
partner, trustee, member, executor, administrator, beneficiary, or | 161 |
relative is operating or occupying a motor vehicle for which | 162 |
uninsured motorist coverage, underinsured motorist coverage, or | 163 |
both uninsured and underinsured motorist coverages are provided in | 164 |
the policy; | 165 |
(5) When the person actually suffering the bodily injury, | 166 |
sickness, disease, or death is not an insured under the policy. | 167 |
(J) In the event of payment to any person under the uninsured | 168 |
motorist coverage, underinsured motorist coverage, or both | 169 |
uninsured and underinsured motorist coverages, and subject to the | 170 |
terms and conditions of that coverage, the insurer making such | 171 |
payment is entitled, to the extent of the payment, to the proceeds | 172 |
of any settlement or judgment resulting from the exercise of any | 173 |
rights of recovery of that person against any person or | 174 |
organization legally responsible for the bodily injury or death | 175 |
for which the payment is made, including any amount recoverable | 176 |
from an insurer that is or becomes the subject of insolvency | 177 |
proceedings, through such proceedings or in any other lawful | 178 |
manner. No insurer shall attempt to recover any amount against the | 179 |
insured of an insurer that is or becomes the subject of insolvency | 180 |
proceedings, to the extent of those rights against the insurer | 181 |
that the insured assigns to the paying insurer. | 182 |
(K) Nothing in this section shall prohibit the inclusion of | 183 |
underinsured motorist coverage in any uninsured motorist coverage | 184 |
included in a policy of insurance. | 185 |
(L) The superintendent of insurance shall study the market | 186 |
availability of, and competition for, uninsured and underinsured | 187 |
motorist coverages in this state and shall, from time to time, | 188 |
prepare status reports containing the superintendent's findings | 189 |
and any recommendations. The first status report shall be prepared | 190 |
not later than two years after | 191 |
192 | |
reports, the superintendent may require insurers and rating | 193 |
organizations operating in this state to collect pertinent data | 194 |
and to submit that data to the superintendent. | 195 |
The superintendent shall submit a copy of each status report | 196 |
to the governor, the speaker of the house of representatives, the | 197 |
president of the senate, and the chairpersons of the committees of | 198 |
the general assembly having primary jurisdiction over issues | 199 |
relating to automobile insurance. | 200 |
Sec. 3937.46. (A) Regarding an insured person covered under | 201 |
a policy of automobile insurance, division (B) of this section | 202 |
shall only apply to coverage of automobile accidents in which both | 203 |
of the following conditions apply: | 204 |
(1) The insured person is not at fault. | 205 |
(2) The insured person, the spouse of the insured person, or | 206 |
a relative of the insured person has died as a proximate result of | 207 |
the accident in question. | 208 |
(B) An intrafamily exclusion in an automobile insurance | 209 |
policy shall not apply or be enforced by an insurer with regard to | 210 |
a person who has died as a proximate cause of an accident that | 211 |
meets both the criteria set forth in division (A) of this section. | 212 |
(C) As used in this section: | 213 |
(1) "Intrafamily exclusion" means any provision included in | 214 |
an automobile insurance policy that enables an insurer to preclude | 215 |
coverage of bodily injury or death for a spouse, a resident | 216 |
relative, or other relative of a covered individual, including any | 217 |
such provision related to uninsured motorist coverage or | 218 |
underinsured motorist coverage included in a policy under division | 219 |
(I) of section 3937.18 of the Revised Code. | 220 |
(2) "Automobile insurance policy" has the same meaning as in | 221 |
section 3937.30 of the Revised Code. | 222 |
Section 2. That existing section 3937.18 of the Revised Code | 223 |
is hereby repealed. | 224 |