HF 1912

as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2015 03:05pm

A bill for an act
relating to insurance; regulating underinsured motorist coverages; amending
Minnesota Statutes 2014, section 65B.49, subdivision 3a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 65B.49, subdivision 3a, is amended to read:

Subd. 3a.

Uninsured and underinsured motorist coverages.

(1) No plan of
reparation security may be renewed, delivered or issued for delivery, or executed in this
state with respect to any motor vehicle registered or principally garaged in this state
unless separate uninsured and underinsured motorist coverages are provided therein. Each
coverage, at a minimum, must provide limits of $25,000 because of injury to or the death
of one person in any accident and $50,000 because of injury to or the death of two or more
persons in any accident. In the case of injury to, or the death of, two or more persons in
any accident, the amount available to any one person must not exceed the coverage limit
provided for injury to, or the death of, one person in any accident.

(2) Every owner of a motor vehicle registered or principally garaged in this state shall
maintain uninsured and underinsured motorist coverages as provided in this subdivision.

(3) No reparation obligor is required to provide limits of uninsured and underinsured
motorist coverages in excess of the bodily injury liability limit provided by the applicable
plan of reparation security.

(4) No recovery shall be permitted under the uninsured and underinsured motorist
coverages of this section for basic economic loss benefits paid or payable, or which would
be payable but for any applicable deductible.

(5) If at the time of the accident the injured person is occupying a motor vehicle,
the limit of liability for uninsured and underinsured motorist coverages available to the
injured person is the limit specified for that motor vehicle. However, if the injured person
is occupying a motor vehicle of which the injured person is not an insured, the injured
person may be entitled to excess insurance protection afforded by a policy in which the
injured party is otherwise insured. The excess insurance protection is limited to the extent
of covered damages sustained, and further is available only to the extent by which the limit
of liability for like coverage applicable to any one motor vehicle listed on the automobile
insurance policy of which the injured person is an insured exceeds the limit of liability of
the coverage available to the injured person from the occupied motor vehicle.

If at the time of the accident the injured person is not occupying a motor vehicle or
motorcycle, the injured person is entitled to select any one limit of liability for any one
vehicle afforded by a policy under which the injured person is insured.

(6) Regardless of the number of policies involved, vehicles involved, persons
covered, claims made, vehicles or premiums shown on the policy, or premiums paid, in no
event shall the limit of liability for uninsured and underinsured motorist coverages for two
or more motor vehicles be added together to determine the limit of insurance coverage
available to an injured person for any one accident.

(7) The uninsured and underinsured motorist coverages required by this subdivision
do not apply to bodily injury of the insured while occupying a motor vehicle owned by the
insured, unless the occupied vehicle is an insured motor vehicle.

(8) The uninsured and underinsured motorist coverages required by this subdivision
do not apply to bodily injury of the insured while occupying a motorcycle owned by
the insured.

new text begin (9) A cause of action to recover underinsured motorist benefits must be commenced
within six years from the date of settlement with, or judgment against, the tortfeasor.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment. Any policy or contract provision that conflicts with this section is void
and unenforceable on or after that date.
new text end