Bill Text: DE SB195 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 21 Of The Delaware Code Relating To Motor Vehicles.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2014-05-08 - Reported Out of Committee (INSURANCE) in Senate with 5 On Its Merits, 1 Unfavorable [SB195 Detail]
Download: Delaware-2013-SB195-Draft.html
|
SPONSOR: |
Sen. McDowell & Sen. Townsend & Rep. Baumbach |
|
Sens. Ennis, Sokola; Reps. Keeley, Paradee |
|
DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
|
SENATE BILL NO. 195 |
|
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES. |
Section 1. Amend §118(a)(2)i. of Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§2118 Requirement of insurance for all motor vehicles required to be registered in this State; penalty.
(a) No owner of a motor vehicle required to be registered in this State, other than a self-insurer pursuant to §2904 of this title, shall operate or authorize any other person to operate such vehicle unless the owner has insurance on such motor vehicle providing the following minimum insurance coverage:
(2)i.3.An insured or injured party or his or her attorney or agent may direct the payment of expenses listed under paragraph (a)(2)a. of this section provided that the direction is given in writing or through electronic mail to the insurer. An insured or injured party or his or her attorney or agent may reserve benefits for lost wages which have already been incurred or for lost wages that the insured expects may be incurred in the future.An insured or injured party or his or her attorney or agent may also direct the payment of benefits for related medical expenses, including but not limited to, the order in which medical bills are to be paid and the amount of medical bills to be paid.An insured or injured party or his or her attorney or agent may further direct the insurer to reimburse private health insurance carriers, Medicaid or Medicare for related expenses already paid arising from the covered loss.An insurer shall honor the written direction or the direction provided through electronic mail of the insured or injured party or his or her attorney or agent made pursuant to this section. However, properly submitted expenses related to services provided by any Delaware volunteer ambulance company which is certified by the Delaware State Fire Prevention Commission and is providing basic life support (BLS) services shall be paid regardless of any direction given by the insured or injured party or his or her attorney or agent made pursuant to this section to the extent that there are funds available to pay for said expenses on the date the insurer receives notice of them.
Section 2. Amend §101 of Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignate accordingly:
"Insured" means any person entitled to personal injury protection benefits pursuant to an automobile insurance policy.
"Injured party" means any person injured in an automobile accident who is entitled to personal injury protection benefits pursuant to an automobile insurance policy.
SYNOPSIS
|
The purpose of this amendment is to allow injured persons of motor vehicle collisions to maximize their personal injury protection benefits by allowing injured persons to direct the way in which personal injury protection benefits are to be administered. The only exception to this is that properly submitted expenses for basic life support services, provided by a certified volunteer ambulance company, shall be paid regardless of any direction otherwise.This amendment is made in the spirit of Delaware court decisions such as Gray v. Allstate Ins. Co., 668 A.2d 778, 779 (Del. Super. Ct. 1995), Community Sys., Inc. v. Allen, 1999 WL 1568331 (Del. Super. Ct.) and Cicchini v. State, 640 A.2d 650, 652-53 (Del. Super. Ct. 1993), aff'd, 642 A.2d 837 (Del. 1994), which have held that personal injury protection benefits are to be managed in a way that maximizes the benefits of the injured person and protects and compensates those injured in automobile collisions.This amendment is also made in response to the recent Delaware Supreme Court decision of State Farm Mut. Auto. Ins. Co. v. Davis, 2013 WL 5878439 (Del. Supr. Ct.).In the Davis decision, the Supreme Court noted that several states have expressly addressed the allocation of personal injury protection benefits.The Court then invited the General Assembly to specifically address the issue if it wished to clarify its policy preferences concerning the allocation of personal injury protection benefits. |
Author: Senator McDowell
