06 LC 28
2708
House
Bill 1242
By:
Representatives Bordeaux of the
162nd
and Maxwell of the
17th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 33 of the Official Code of Georgia Annotated, relating to insurance,
so as to provide that resident relatives under motor vehicle insurance includes
certain wards and foster children while living in the named
insured́s
household; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
33 of the Official Code of Georgia Annotated, relating to insurance, is amended
by striking subparagraph (b)(1)(B) of Code Section 33-7-11, relating to
uninsured motorist coverage under motor vehicle liability policies, and
inserting in lieu thereof a new subparagraph (b)(1)(B) to read as
follows:
∀(B)
'Insured' means the named insured and, while resident of the same household, the
spouse of any such named insured and relatives of either, while in a motor
vehicle or otherwise; any person who uses, with the expressed or implied consent
of the named insured, the motor vehicle to which the policy applies; a guest in
such motor vehicle to which the policy applies; or the personal representatives
of any of the above.
For policies
issued or renewed on and after July 1, 2006, the term 'insured' shall also mean
a foster child or ward residing in the household of the named insured pursuant
to a court order, guardianship, or placement by the Department of Family and
Children
Services.∀
SECTION
2.
Said
title is further amended by striking paragraph (1) of Code Section 33-34-2,
relating to definitions concerning motor vehicle accident reparations, and
inserting in lieu thereof a new paragraph (1) to read as follows:
∀(1)
'Medical payments coverage' includes any coverage in which the insurer agrees to
reimburse the insured and others for reasonable and necessary medical expenses
and funeral expenses incurred as a result of bodily injury or death caused by a
motor vehicle accident, without regard to the insured's liability for the
accident. Coverage shall be available to the named insured, resident spouse,
and any resident relative while occupying the covered motor vehicle, and to any
other person legally occupying a covered motor vehicle. Expenses must be
incurred for services rendered within three years from the date of the accident;
provided, however, that nothing shall prevent an insurer from allowing a longer
period of time. Any rule or regulation promulgated which expands or conflicts
with this definition shall be null and void.
For policies
issued or renewed on and after July 1, 2006, the term 'resident relative' shall
also mean a foster child or ward residing in the household of the named insured
pursuant to a court order, guardianship, or placement by the Department of
Family and Children
Services.∀
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.