Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 504-S.F.No. 2349 
           An act relating to insurance; no-fault automobile; 
          regulating uninsured and underinsured motorist 
          coverages for motorcycles; amending Minnesota Statutes 
          1989 Supplement, section 65B.49, subdivision 3a.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
    Section 1.  Minnesota Statutes 1989 Supplement, 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.  
    Sec. 2.  [EFFECTIVE DATE; APPLICABILITY.] 
    Section 1 is effective August 1, 1990, and applies to all 
contracts issued or renewed on or after that date and all 
injuries occurring on or after that date. 
    Presented to the governor April 24, 1990 
    Signed by the governor April 24, 1990, 9:07 p.m.