SF 1987

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to insurance; no-fault auto; limiting 
  1.3             recovery by uninsured motorists; proposing coding for 
  1.4             new law in Minnesota Statutes, chapter 65B. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [65B.515] [UNINSURED MOTORIST; LIMITATION ON 
  1.7   RECOVERY OF DAMAGES FOR NONECONOMIC DETRIMENT.] 
  1.8      Subdivision 1.  [WAIVER OF RECOVERY.] In an action alleging 
  1.9   negligence arising out of the operation, ownership, maintenance, 
  1.10  or use of a motor vehicle, a person who fails to maintain a plan 
  1.11  of reparation security providing at least the security required 
  1.12  by sections 65B.41 to 65B.71, on the motor vehicle at the time 
  1.13  of the accident, shall: 
  1.14     (1) be deemed to have waived any right to recover against 
  1.15  an insured for noneconomic detriment; 
  1.16     (2) recover, if at all, only for an award covering economic 
  1.17  loss. 
  1.18     The waiver under clause (1) does not apply if it can be 
  1.19  demonstrated by clear and convincing evidence that the accident 
  1.20  was caused, wholly or in part, by the insured tortfeasor's 
  1.21  operation of the motor vehicle under the influence of drugs or 
  1.22  alcohol, or by an insured tortfeasor who is convicted of 
  1.23  vehicular assault or homicide.  
  1.24     Subd. 2.  [EFFECT OF WAIVER.] In an action against an 
  1.25  insured by a person deemed to have waived recovery under 
  2.1   subdivision 1: 
  2.2      (1) any award in favor of the person shall be reduced by an 
  2.3   amount equal to the portion of the award representing 
  2.4   compensation for noneconomic losses; and 
  2.5      (2) the trier of fact shall not be informed, directly or 
  2.6   indirectly, of the waiver or of its effect on the total amount 
  2.7   of the person's recovery.  
  2.8      Subd. 3.  [RECOVERY FOR ECONOMIC LOSS.] Nothing in this 
  2.9   section shall be construed to preclude recovery against an 
  2.10  alleged tortfeasor of benefits provided for economic loss 
  2.11  coverage.  
  2.12     Subd. 4.  [PRESUMPTION.] There is a rebuttable presumption 
  2.13  of a knowing violation of the compulsory reparation security 
  2.14  requirements in sections 65B.41 to 65B.71, if the plan has 
  2.15  lapsed, terminated, or otherwise been ineffective for a period 
  2.16  of at least 30 days before the accident. 
  2.17     Subd. 5.  [EFFECT ON PASSENGERS.] Passengers in the 
  2.18  uninsured vehicle are not subject to the waiver in subdivision 1.
  2.19     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.20     Section 1 is effective August 1, 1997, and applies to 
  2.21  causes of action arising from incidents occurring on or after 
  2.22  that date.