Assembly Bill No. 10–Assemblyman Collins (by request)

Prefiled January 7, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Revises requirements for uninsured vehicle coverage. (BDR 57-689)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to casualty insurance; requiring uninsured vehicle coverage to include coverage for bodily injury or death that did not result from physical contact with the claimant or a motor vehicle occupied by the claimant; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 690B.020 is hereby amended to read as follows:

1-2 690B.020 1. Except as otherwise provided in this section and NRS

1-3 690B.035, no policy insuring against liability arising out of the ownership,

1-4 maintenance or use of any motor vehicle may be delivered or issued for

1-5 delivery in this state unless coverage is provided therein or supplemental

1-6 thereto for the protection of persons insured thereunder who are legally

1-7 entitled to recover damages, from owners or operators of uninsured or hit-

1-8 and-run motor vehicles, for bodily injury, sickness or disease, including

1-9 death, resulting from the ownership, maintenance or use of the uninsured or

1-10 hit-and-run motor vehicle. No such coverage is required in or supplemental

1-11 to a policy issued to the State of Nevada or any political subdivision

1-12 thereof, or where rejected in writing, on a form furnished by the insurer

1-13 describing the coverage being rejected, by an insured named therein, or

1-14 upon any renewal of such a policy unless the coverage is then requested in

1-15 writing by the named insured. The coverage required in this section may be

1-16 referred to as "uninsured vehicle coverage."

1-17 2. The amount of coverage to be provided must be not less than the

1-18 minimum limits for liability insurance for bodily injury provided for under

2-1 chapter 485 of NRS, but may be in an amount not to exceed the coverage

2-2 for bodily injury purchased by the policyholder.

2-3 3. [For the purposes of] As used in this section , [the term] "uninsured

2-4 motor vehicle" means a motor vehicle:

2-5 (a) With respect to which there is not available at the department of

2-6 motor vehicles and public safety evidence of financial responsibility as

2-7 required by chapter 485 of NRS;

2-8 (b) With respect to the ownership, maintenance or use of which there is

2-9 no liability insurance for bodily injury or bond applicable at the time of the

2-10 accident, or, to the extent of such deficiency, any liability insurance for

2-11 bodily injury or bond in force is less than the amount required by NRS

2-12 485.210;

2-13 (c) With respect to the ownership, maintenance or use of which the

2-14 company writing any applicable liability insurance for bodily injury or

2-15 bond denies coverage or is insolvent;

2-16 (d) Used without the permission of its owner if there is no liability

2-17 insurance for bodily injury or bond applicable to the operator;

2-18 (e) Used with the permission of its owner who has insurance which does

2-19 not provide coverage for the operation of the motor vehicle by any person

2-20 other than the owner if there is no liability insurance for bodily injury or

2-21 bond applicable to the operator; [or]

2-22 (f) The owner or operator of which is unknown or after reasonable

2-23 diligence cannot be found if:

2-24 (1) The bodily injury or death has resulted from physical contact of

2-25 the [automobile] motor vehicle with the named insured or the person

2-26 claiming under him or with [an automobile] a motor vehicle which the

2-27 named insured or such a person is occupying; and

2-28 (2) The named insured or someone on his behalf has reported the

2-29 accident within the time required by NRS 484.223, 484.225 or 484.227 to

2-30 the police department of the city where it occurred, or if it occurred in an

2-31 unincorporated area, to the sheriff of the county or to the Nevada highway

2-32 patrol [.

2-33 4. For the purposes of] ; or

2-34 (g) The owner or operator of which is unknown or after reasonable

2-35 diligence cannot be found if:

2-36 (1) The bodily injury or death was proximately caused by the owner

2-37 or operator without physical contact of the motor vehicle with the named

2-38 insured or the person claiming under him or with a motor vehicle which

2-39 the named insured or such a person is occupying;

2-40 (2) The description by the named insured or the person claiming

2-41 under him of how the bodily injury or death occurred is corroborated by a

2-42 witness to the occurrence other than the named insured or the person

2-43 claiming under him; and

3-1 (3) The named insured or someone on his behalf has reported the

3-2 accident within the time required by NRS 484.223, 484.225 or 484.227 to

3-3 the police department of the city where it occurred, or if it occurred in an

3-4 unincorporated area, to the sheriff of the county or to the Nevada

3-5 highway patrol.

3-6 4. As used in this section , [the term] "uninsured motor vehicle" also

3-7 includes, subject to the terms and conditions of coverage, an insured other

3-8 motor vehicle where:

3-9 (a) The liability insurer of the other motor vehicle is unable because of

3-10 its insolvency to make payment with respect to the legal liability of its

3-11 insured within the limits specified in its policy;

3-12 (b) The occurrence out of which legal liability arose took place while the

3-13 uninsured vehicle coverage required under paragraph (a) was in effect; and

3-14 (c) The insolvency of the liability insurer of the other motor vehicle

3-15 existed at the time of, or within 2 years after, the occurrence.

3-16 [Nothing contained in this subsection prevents] This subsection does not

3-17 prevent any insurer from providing protection from insolvency to its

3-18 insureds under more favorable terms.

3-19 5. If payment is made to any person under uninsured vehicle coverage,

3-20 and subject to the terms of the coverage, to the extent of such payment the

3-21 insurer is entitled to the proceeds of any settlement or recovery from any

3-22 person legally responsible for the bodily injury as to which payment was

3-23 made, and to amounts recoverable from the assets of the insolvent insurer

3-24 of the other motor vehicle.

3-25 6. A vehicle involved in a collision which results in bodily injury or

3-26 death shall be presumed to be an uninsured motor vehicle if no evidence of

3-27 financial responsibility is supplied to the department of motor vehicles and

3-28 public safety in the manner required by chapter 485 of NRS within 60 days

3-29 after the collision occurs.

3-30 Sec. 2. The amendatory provisions of this act apply to a policy of

3-31 insurance against liability arising out of the ownership, maintenance or use

3-32 of a motor vehicle that is delivered, issued for delivery or renewed on or

3-33 after October 1, 1999.

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