SF 608

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to insurance; increasing the required minimum liability limits on aircraft
insurance; providing that aircraft liability insurance is not voidable retroactively
after a claim; amending Minnesota Statutes 2006, section 360.59, subdivision 10.

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

Section 1.

Minnesota Statutes 2006, section 360.59, subdivision 10, is amended to read:

Subd. 10.

Certificate of insurance.

new text begin(a) new text endEvery owner of aircraft in this state
when applying for registration, reregistration, or transfer of ownership shall supply any
information the commissioner reasonably requires to determine that the aircraft during the
period of its contemplated operation is covered by an insurance policy with limits of not
less than deleted text begin$25,000 deleted text end new text begin $250,000 new text end per passenger seat liability both for passenger bodily injury
or death and for property damage; not less than deleted text begin$25,000 deleted text end new text begin $250,000 new text end for bodily injury or
death to each nonpassenger in any one accident; and not less than deleted text begin$50,000 deleted text end new text begin $500,000 new text end per
occurrence for bodily injury or death to nonpassengers in any one accident. new text beginThe insurance
policy is subject to the following, which need not be contained in the policy:
new text end

new text begin (1) the liability of the insurer with respect to the liability coverage required by this
subdivision becomes absolute whenever injury or damage occurs;
new text end

new text begin (2) the liability of the insurer may not be canceled or annulled by any agreement
between the insurer and the insured after the occurrence of the injury or damage; and
new text end

new text begin (3) no statement made by the insured or on the insured's behalf and no violation
of the policy defeats or voids the policy.
new text end

The information deleted text beginshall deleted text end new text beginsupplied to the commissioner must new text endinclude but is not limited to the
name and address of the owner, the period of contemplated use or operation, if any, and, if
insurance coverage is then presently required, the name of the insurer, the insurance policy
number, the term of the coverage, policy limits, and any other data the commissioner
requires. No certificate of registration shall be issued pursuant to subdivision 3 in the
absence of the information required by this subdivision.

new text begin (b) new text endIn the event of cancellation of aircraft insurance by the insurer, the insurer shall
notify the Department of Transportation at least ten days prior to the date on which the
insurance coverage is to be terminated. Unless proof of a new policy of insurance is filed
with the department meeting the requirements of this subdivision during the period of the
aircraft's contemplated use or operation, the registration certificate for the aircraft shall be
revoked forthwith. deleted text beginProvided, however, that deleted text end

new text begin (c) new text endNothing in this subdivision shall be construed to require an owner of aircraft to
maintain passenger seat liability coverage on aircraft for which an experimental certificate
has been issued by the administrator of the Federal Aviation Administration pursuant to
Code of Federal Regulations, title 14, sections 21.191 to 21.195 and 91.42, whereunder
persons operating the aircraft are prohibited from carrying passengers in the aircraft.
Whenever the aircraft becomes certificated to carry passengers, passenger seat liability
coverage shall be required as provided in this subdivision.

new text begin (d) new text endThe requirements of this subdivision shall not apply to any aircraft built by the
original manufacturer prior to December 31, 1939 and owned and operated solely as a
collector's item, if the owner files an affidavit with the commissioner. The affidavit shall
state the owner's name and address, the name and address of the person from whom the
aircraft was purchased, the make, year, and model number of the aircraft, the federal
aircraft registration number, the manufacturer's identification number, and that the aircraft
is owned and operated solely as a collector's item and not for general transportation
purposes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008, and applies to
policies offered, sold, issued, or renewed on or after that date.
new text end