Bill Text: CA AB2151 | 2009-2010 | Regular Session | Enrolled
Bill Title: Insurance: public safety employees: accidents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB2151 Detail]
Download: California-2009-AB2151-Enrolled.html
BILL NUMBER: AB 2151 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 24, 2010
PASSED THE ASSEMBLY AUGUST 27, 2010
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE JUNE 21, 2010
AMENDED IN ASSEMBLY MARCH 24, 2010
INTRODUCED BY Assembly Member Torres
FEBRUARY 18, 2010
An act to amend Sections 488.5 and 557.5 of the Insurance Code,
and to amend Section 16051 of the Vehicle Code, relating to
insurance.
LEGISLATIVE COUNSEL'S DIGEST
AB 2151, Torres. Insurance: public safety employees: accidents.
Existing law provides that no insurer shall, in issuing or
renewing a private automobile insurance policy to a peace officer,
member of the California Highway Patrol, or firefighter, with respect
to his or her operation of a private motor vehicle, increase the
premium on that policy for the reason that the insured or applicant
for insurance has been involved in an accident while operating an
authorized emergency vehicle, as defined, in the performance of his
or her duty during the hours of his or her employment.
This bill would also provide that no insurer shall, in issuing or
renewing a private automobile insurance policy to a peace officer,
member of the California Highway Patrol, or firefighter, with respect
to his or her operation of a private passenger motor vehicle,
increase the premium on that policy for the reason that the insured
or applicant for insurance has been involved in an accident while
operating his or her private passenger motor vehicle in the
performance of his or her duty at the request or direction of the
employer.
Existing law provides that a peace officer, member of the
Department of the California Highway Patrol, or firefighter shall not
be required to report any accident in which he or she is involved
while operating any employer-leased or employer-rented vehicle, in
the performance of his or her duty during the hours of his or her
employment, to any person who has issued that peace officer, member
of the Department of the California Highway Patrol, or firefighter a
private automobile insurance policy.
This bill would additionally provide that a peace officer, member
of the Department of the California Highway Patrol, or firefighter
shall not be required to report, and the employer of the same may not
require or request that a peace officer, member of the Department of
the California Highway Patrol, or firefighter report, any accident
in which he or she is involved while operating a private passenger
motor vehicle at the request or direction of his or her employer in
the performance of the employee's duty to any person who has issued
that peace officer, member of the Department of the California
Highway Patrol, or firefighter a private automobile insurance policy.
The bill would also provide that in the event of a loss or injury
that occurs during any time period when the vehicle is operated at
the request or direction of the employer in the performance of the
employee's duty, the vehicle's owner shall have no liability, and the
employer shall be considered the owner of the vehicle for liability
purposes. The bill would provide that a good faith delay by an
employee in reporting the accident to his or her private passenger
motor vehicle liability insurer, under the circumstances described,
may not be used by the insurer as a basis to claim delayed reporting,
noncooperation, prejudice, or the like as a means of avoiding the
defense or indemnity obligations that would otherwise exist under the
terms of the automobile liability insurance policy or applicable law
in the absence of delayed reporting.
The bill would make conforming changes relating to proof of
financial responsibility, in the event of an accident involving a
private passenger motor vehicle operated on behalf of a public
agency.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 488.5 of the Insurance Code is amended to read:
488.5. (a) No insurer shall, in issuing or renewing a private
automobile insurance policy to a peace officer, member of the
California Highway Patrol, or firefighter, with respect to his or her
operation of a private passenger motor vehicle, increase the premium
on that policy for the reason that the insured or applicant for
insurance has been involved in an accident while operating an
authorized emergency vehicle, as defined in subdivision (a) or (f) of
Section 165 of the Vehicle Code or in paragraph (1) or (2) of
subdivision (b) of Section 165 of the Vehicle Code, or any
employer-leased or employer-rented vehicle, in the performance of his
or her duty during the hours of his or her employment, or was
involved in an accident while operating his or her private passenger
motor vehicle in the performance of his or her duty at the request or
direction of the employer.
(b) No insurer shall, in issuing or renewing a private automobile
insurance policy to a federal officer or federal customs agent, with
respect to his or her operation of a private motor vehicle, increase
the premium on that policy for the reason that the insured or
applicant for insurance has been involved in an accident while
operating an official government vehicle in the performance of his or
her duty during the hours of his or her employment.
(c) As used in this section:
(1) "Peace officer" means every person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(2) "Policy" shall have the same meaning as defined in subdivision
(a) of Section 660.
SEC. 2. Section 557.5 of the Insurance Code is amended to read:
557.5. (a) A peace officer, member of the Department of the
California Highway Patrol, or firefighter shall not be required to
report, nor shall any employer of the same be authorized to request
or require that a peace officer, member of the Department of the
California Highway Patrol, or firefighter report, any accident in
which he or she is involved while operating an authorized emergency
vehicle, as defined in subdivision (a), (b), or (f) of Section 165 of
the Vehicle Code, any employer-leased or employer-rented vehicle, or
any private passenger motor vehicle that is owned, leased, or rented
by the employee, if operated at the request or direction of the
employer in the performance of the employee's duty to any person who
has issued that peace officer, member of the Department of the
California Highway Patrol, or firefighter a private automobile
insurance policy.
(b) (1) Notwithstanding any other provision of law or any
provision in a private passenger motor vehicle owner's automobile
liability insurance policy, in the event of a loss or injury that
occurs during any time period when the vehicle is operated at the
request or direction of the employer in the performance of the
employee's duty, the vehicle's owner shall have no liability. The
employer shall be considered the owner of the vehicle for the purpose
of Section 17150 of the Vehicle Code, and any losses shall be borne
solely by the employer.
(2) Notwithstanding any other provision of law, the employer shall
assume liability for a claim in which a dispute exists as to whether
the employer directed or requested the employee to use the private
passenger motor vehicle when the loss occurred that gave rise to the
claim. The private passenger motor vehicle insurer that insures the
vehicle shall reimburse the employer to the extent of the insurer's
obligation under the applicable automobile liability insurance policy
if it is subsequently determined that the employer did not direct or
request the employee to use the private passenger motor vehicle when
the loss occurred that gave rise to the claim.
(3) A good faith delay by an employee in reporting the accident to
his or her private passenger motor vehicle liability insurer, under
the circumstances described in this section, shall not be used by the
insurer as a basis to claim delayed reporting, noncooperation,
prejudice, or the like as a means of avoiding the defense or
indemnity obligations that would otherwise exist under the terms of
the automobile liability insurance policy or applicable law in the
absence of delayed reporting.
(c) As used in this section:
(1) "Peace officer" means every person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(2) "Policy" shall have the same meaning as defined in subdivision
(a) of Section 660.
(3) "Private passenger motor vehicle" or "private motor vehicle"
means a motor vehicle that is insured under a personal automobile
liability insurance policy insuring a single individual or
individuals residing in the same household as the named insured, but
does not include a vehicle with less than four wheels.
SEC. 3. Section 16051 of the Vehicle Code is amended to read:
16051. (a) Evidence may be established by filing a report
indicating that the motor vehicle involved in the accident was owned,
rented, or leased by or under the direction of the United States,
this state, or any political subdivision of this state or
municipality thereof.
(b) Evidence may be established by filing a report indicating that
the motor vehicle involved in the accident was owned and operated by
a peace officer, member of the Department of the California Highway
Patrol, or firefighter in the performance of his or her duty, and at
the request of or under the direction of the United States, this
state, or any political subdivision or municipality of this state.
