06 LC
25 4324
Senate
Bill 531
By:
Senators Rogers of the 21st, Hudgens of the 47th and Chapman of the 3rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating
to uninsured motorist coverage under motor vehicle liability policies, so as to
change certain provisions relating to damages recoverable by an insured under
uninsured motorist coverage; to provide for an effective date and applicability;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured
motorist coverage under motor vehicle liability policies, is amended by striking
paragraphs (1) and (2) of subsection (a) and inserting in lieu thereof the
following:
"(a)(1)
No automobile liability policy or motor vehicle liability policy shall be issued
or delivered in this state to the owner of such vehicle or shall be issued or
delivered by any insurer licensed in this state upon any motor vehicle then
principally garaged or principally used in this state unless it contains an
endorsement or provisions undertaking to pay the insured
all sums
which said insured shall be legally entitled to recover
as damages
for bodily
injury or death of an insured or for injury to or destruction of property of an
insured under the named
insured́s
policy sustained from the owner or
operator of an uninsured motor vehicle, within limits exclusive of interests and
costs which at the option of the insured shall be:
(A)
Not less than $25,000.00 because of bodily injury to or death of one person in
any one accident, and, subject to such limit for one person, $50,000.00 because
of bodily injury to or death of two or more persons in any one accident, and
$25,000.00 because of injury to or destruction of property; or
(B)
Equal to the limits of liability because of bodily injury to or death of one
person in any one accident and of two or more persons in any one accident, and
because of injury to or destruction of property of the insured which is
contained in the
insured́s
personal coverage in the automobile liability policy or motor vehicle liability
policy issued by the insurer to the insured if those limits of liability exceed
the limits of liability set forth in subparagraph (A) of this paragraph
of this
Code section. In any event, the insured
may affirmatively choose uninsured motorist limits in an amount less than the
limits of liability.
(2)
The coverages for bodily injury or death or for injury to or destruction of
property of
the
insured
an insured
person, as provided in paragraph (1) of
this subsection, may be subject to deductible amounts as follows:
(A)
For bodily injury or death, deductibles of $250.00, $500.00, or $1,000.00, at
the option of any named insured in the policy. Deductibles above $1,000.00 may
be offered, subject to approval of the Commissioner;
(B)
For injury to or destruction of property of the insured, deductibles of $250.00,
$500.00, or $1,000.00, at the option of any named insured in the policy.
Deductibles above $1,000.00 may be offered, subject to the approval of the
Commissioner;
(C)
Deductible amounts shown in subparagraphs (A) and (B) of this paragraph may not
be reduced below $250.00;
(D)
Deductible amounts shown in subparagraphs (A) and (B) of this paragraph shall be
made available at a reduced premium; and
(E)
Where an insurer has combined into one single limit the coverages required under
paragraph (1) of this subsection, any deductible selected under subparagraphs
(A) and (B) of this paragraph shall be combined and the resultant total shall be
construed to be a single aggregate deductible.
(3)
The coverage required under paragraph (1) of this subsection shall not be
applicable where any insured named in the policy shall reject the coverage in
writing. The coverage need not be provided in or supplemental to a renewal
policy where the named insured had rejected the coverage in connection with a
policy previously issued to said insured by the same insurer. The amount of
coverage need not be increased in a renewal policy from the amount shown on the
declarations page for coverage existing prior to July 1, 2001. The amount of
coverage need not be increased from the amounts shown on the declarations page
on renewal once coverage is issued.
(4)
The filing of a petition for relief in bankruptcy under a chapter of Title 11 of
the United States Code by an uninsured motorist as defined in this Code section,
or the appointment of a trustee in bankruptcy for an uninsured motorist as
defined in this Code section, or the discharge in bankruptcy of an uninsured
motorist as defined in this Code section shall not affect the legal liability of
an uninsured motorist as the term 'legal liability' is used in this Code
section, and such filing of a petition for relief in voluntary or involuntary
bankruptcy, the appointment of a trustee in bankruptcy, or the discharge in
bankruptcy of such an uninsured motorist shall not be pleaded by the insurance
carrier providing uninsured motorist protection in bar of any claim of an
insured person as defined in this Code section so as to defeat payment for
damages sustained by any insured person by the insurance company providing
uninsured motorist protection and coverage under the terms of this chapter as
now or hereafter amended; but the insurance company or companies shall have the
right to defend any such action in its own name or in the name of the uninsured
motorist and shall make payment of any judgment up to the limits of the
applicable uninsured motorist insurance protection afforded by its policy. In
those cases the uninsured motorist upon being discharged in bankruptcy may plead
the discharge in bankruptcy against any subrogation claim of any uninsured
motorist carrier making payment of a claim or judgment in favor of an uninsured
person, and the uninsured motorist may plead said
motorist́s
discharge in bankruptcy in bar of all amounts of an insured
persońs
claim in excess of uninsured motorist protection available to the insured
person."
SECTION
2.
This
Act shall become effective on July 1, 2006, and shall apply to all policies
issued, delivered, or issued for delivery in this state on and after such
date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.