CSHB 336(JUD) am: "An Act relating to motor vehicle insurance; limiting recovery of civil damages by an uninsured driver; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 336(JUD) am 01 "An Act relating to motor vehicle insurance; limiting recovery of civil damages by an 02 uninsured driver; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.65 is amended by adding a new section to read: 05 Sec. 09.65.300. Nonrecovery for damages for noneconomic losses resulting 06 from operating a motor vehicle while uninsured. In an action to recover damages 07 for personal injury or wrongful death, a person who suffers personal injury or death or 08 the person's personal representative under AS 09.55.570 or 09.55.580 may not recover 09 damages for noneconomic losses if the injury or death occurred while the person was 10 operating a motor vehicle and the person knew that the person was not in compliance 11 with the motor vehicle liability insurance provisions of AS 28.22.011 or, if applicable, 12 the motor vehicle liability insurance provisions of AS 28.20. In this section, "damages 13 for noneconomic losses" means the compensation claimed for the losses identified in 14 AS 09.17.010(a).
01 * Sec. 2. AS 21.89.020(c) is amended to read: 02 (c) An insurance company offering automobile liability insurance in this state 03 for bodily injury or death shall, initially and at each renewal, offer coverage prescribed 04 in AS 28.20.440 and 28.20.445 or AS 28.22 for the protection of the persons insured 05 under the policy who are legally entitled to recover damages for bodily injury or death 06 from owners or operators of uninsured or underinsured motor vehicles. The limit 07 written may not be less than the limit in AS 28.20.440 or AS 28.22.101. Coverage 08 required to be offered under this section must include the following options: 09 (1) policy limits equal to the limits voluntarily purchased to cover the 10 liability of the person insured for bodily injury or death; coverage for punitive 11 damages that might otherwise be recoverable from an uninsured or underinsured 12 person is not required under this paragraph; 13 (2) except when the coverage consists of motorcycle liability 14 insurance, and except for a named insured required to file proof of financial 15 responsibility under AS 28.20 or an applicant required to file proof of financial 16 responsibility under AS 28.20, policy limits in the following amounts when these 17 limits are greater than those offered under (1) of this subsection: 18 (A) $100,000 because of bodily injury to or death of one person 19 in one accident, and, subject to the same limit for one person, $300,000 20 because of bodily injury to or death of two or more persons in one accident; 21 (B) $300,000 because of bodily injury to or death of one person 22 in one accident, and, subject to the same limit for one person, $500,000 23 because of bodily injury to or death of two or more persons in one accident; 24 (C) $500,000 because of bodily injury to or death of one person 25 in one accident, and, subject to the same limit for one person, $500,000 26 because of bodily injury to or death of two or more persons in one accident; 27 (D) $500,000 because of bodily injury to or death of one person 28 in one accident, and, subject to the same limit for one person, $1,000,000 29 because of bodily injury to or death of two or more persons in one accident; 30 (E) $1,000,000 because of bodily injury to or death of one 31 person in one accident, and, subject to the same limit for one person,
01 $2,000,000 because of bodily injury to or death of two or more persons in one 02 accident; 03 (3) other policy limits at the option of the insurer. 04 * Sec. 3. AS 21.89.020 is amended by adding a new subsection to read: 05 (i) In this section, "automobile liability insurance" does not include coverage 06 provided only on an excess or umbrella basis. 07 * Sec. 4. AS 28.20.445(e) is amended to read: 08 (e) Uninsured and underinsured motorists coverage 09 (1) may not apply to bodily injury, sickness, disease, or death of an 10 insured or damage to or destruction of property of an insured until the limits of 11 liability of all bodily injury and property damage liability bonds and policies that 12 apply have been used up by payments, judgments or settlements; 13 (2) shall be a single combined coverage; [AND] 14 (3) may be rejected by the insured in writing; if the insured has 15 rejected the coverage, the coverage shall not be included in any supplemental, 16 renewal, or replacement policy unless the insured subsequently requests the coverage 17 in writing; and 18 (4) need not provide coverage for punitive damages that might 19 otherwise be recoverable from an uninsured or underinsured person. 20 * Sec. 5. AS 28.22.101(e) is amended to read: 21 (e) A motor vehicle liability policy must provide coverage under 22 AS 28.22.201 - 28.22.231 in the amounts set out in (d) of this section for the 23 protection of the persons insured under the policy who are legally entitled to recover 24 damages from the owner or operator of an uninsured or underinsured motor vehicle 25 because of bodily injury or death, or damage to or destruction of property arising out 26 of the ownership, maintenance, or use of the uninsured or underinsured motor vehicle. 27 This subsection does not require coverage for punitive damages that might 28 otherwise be recoverable from an uninsured or underinsured person. 29 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. Section 1 of this Act applies to a civil action that accrues on or
01 after the effective date of this Act. 02 * Sec. 7. This Act takes effect July 1, 2004.