Bill Text: MS HB898 | 2017 | Regular Session | Introduced
Bill Title: Uninsured motorist coverage; provide that limits will be equal to liability coverage unless insured selects otherwise.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [HB898 Detail]
Download: Mississippi-2017-HB898-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Insurance; Judiciary A
By: Representative Watson
House Bill 898
AN ACT TO AMEND SECTION 83-11-101, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UNINSURED MOTORIST COVERAGE LIMITS SHALL BE AUTOMATICALLY EQUAL TO THE LIMITS OF BODILY INJURY LIABILITY COVERAGE AND PROPERTY DAMAGE LIABILITY COVERAGE UNLESS THE INSURED SPECIFICALLY SELECTS UNINSURED MOTORIST COVERAGE OF LESSER LIMITS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 83-11-101, Mississippi Code of 1972, is amended as follows:
83-11-101. (1) No automobile
liability insurance policy or contract shall be issued or delivered after
January 1, 1967, unless it contains an endorsement or provisions undertaking to
pay the insured all sums which he shall be legally entitled to recover as
damages for bodily injury or death from the owner or operator of an uninsured
motor vehicle * * *. For any such policy or contract issued or
delivered after July 1, 2017, the limits of the uninsured motorist coverage
shall be identical to the limits of bodily injury liability coverage in the
policy and shall be not less than the minimum limits of coverage required by
the Mississippi Motor Vehicle Safety Responsibility Law; however, the named
insured may select, in writing signed by the insured, limits of such coverage
that are less than limits of bodily injury liability coverage in the policy,
but not less than the minimum limits required by the Mississippi Motor Vehicle
Safety Responsibility Law. Once limits of uninsured motorist coverage less
than the liability limits are selected in writing signed by the insured, the
lower limits may be included in any renewal policy later issued to him or her
by the same insurer unless the named insured requests additional coverage in
writing. However, whenever a new application is submitted in connection with
any renewal, reinstatement or replacement transaction, the provisions of this
section shall apply in the same manner as when a new policy is being issued.
The coverage herein required shall not be applicable where any insured named in
the policy shall reject the coverage in writing and provided further, that
unless the named insured requests such coverage in writing, such coverage need
not be provided in any renewal policy where the named insured had rejected the
coverage in connection with a policy previously issued to him by the same
insurer.
(2) No automobile liability
insurance policy or contract shall be issued or delivered after January 1,
1980, unless it contains an endorsement or provisions undertaking to pay the
insured all sums which he shall be legally entitled to recover as damages for
property damage from the owner or operator of an uninsured motor vehicle * * *. For any such
policy or contract issued or delivered after July 1, 2017, the limits of the
uninsured motorist property damage coverage shall be identical to the limits
provided in the policy for property damage liability coverage unless the
insured specifically selects, in writing signed by the insured, lower limits of
uninsured motorist property damage coverage; however, the insured may not
select uninsured motorist property damage coverage limits that are less than
the property damage liability limits required by the Mississippi Motor Vehicle
Safety Responsibility Law. Once the lower limits are selected in writing
signed by the named insured, the lower limits may be provided in any renewal
policies later issued to him or her by the same insurer unless the named
insured requests higher limits in writing. However, whenever a new application
is submitted in connection with any renewal, reinstatement or replacement
transaction, the provisions of this section shall apply in the same manner as
when a new policy is being issued. The coverage herein required shall not
be applicable where any insured named in the policy shall reject the coverage
in writing and provided further, that unless the named insured requests such
coverage in writing, such coverage need not be provided in any renewal policy
where the named insured had rejected the coverage in connection with a policy
previously issued to him by the same insurer.
The property damage provision may provide an exclusion for the first Two Hundred Dollars ($200.00) of such property damage; however, the uninsured motorist provision need not insure any liability for property damage, for which loss the policyholder has been compensated by insurance or otherwise.
(3) The insured may reject the property damage liability insurance coverage required by subsection (2) and retain the bodily injury liability insurance coverage required by subsection (1), but if the insured rejects the bodily injury liability coverage he may not retain the property damage liability coverage. No insured may have property damage liability insurance coverage under this section unless he also has bodily injury liability insurance coverage under this section.
(4) In the course of the
sale or issuance of any automobile liability insurance policy, insurers shall
inform the named insured or applicant, on a form approved by the Department of
Insurance, of the benefits of and reasons for electing to purchase uninsured
motorist coverage. If the insured named in the policy wishes to reject
uninsured motorist coverage, such form shall be signed by * * * the named insured. * * *
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.