General Assembly Raised Bill No. 257
February Session, 2010 LCO No. 1209
*01209_______INS*
Referred to Committee on Insurance and Real Estate
Introduced by:
(INS)
General Assembly
Raised Bill No. 257
February Session, 2010
LCO No. 1209
*01209_______INS*
Referred to Committee on Insurance and Real Estate
Introduced by:
(INS)
AN ACT CONCERNING MEDICAL PAYMENTS COVERAGE FOR AUTOMOBILE INSURANCE POLICIES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 38a-335 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) Each automobile liability insurance policy shall provide (1) insurance in accordance with the regulations adopted pursuant to section 38a-334 against loss resulting from the liability imposed by law, with limits not less than those specified in subsection (a) of section 14-112, for damages because of bodily injury or death of any person and injury to or destruction of property arising out of the ownership, maintenance or use of a specific motor vehicle or motor vehicles within any state, territory, or possession of the United States of America or Canada, and (2) medical payments coverage, in the amount of at least five thousand dollars per person per year, that provides coverage for hospital emergency room services. Such medical payments coverage shall be secondary to any health insurance coverage or other source of reimbursement to which the insured has a legal right.
(b) Each automobile liability insurance policy issued, renewed, amended or endorsed on or after October 1, 1988, and covering a private passenger motor vehicle as defined in subsection (e) of section 38a-363, shall contain or have attached thereto a conspicuous statement specifying whether the policy provides liability, collision or comprehensive coverage for damage to a rented private passenger motor vehicle and, where the policy provides such coverage, the limit of coverage provided and whether any deductible amount applies.
(c) Each automobile liability insurance policy issued, renewed, amended or endorsed on or after April 8, 1974, shall provide that if the provisions of the motor vehicle financial responsibility law or the motor vehicle compulsory insurance law or any similar law of any state, territory or possession of the United States of America or any Province of Canada, require insurance with respect to the operation or use of the motor vehicle in such state, territory, possession or province and such insurance requirements are greater than the insurance provided by the policy, the limits of the company's liability and the kinds of coverage afforded by the policy shall be as set forth in such law, in lieu of the insurance otherwise provided by the policy, but only to the extent required by such law and only with respect to the operation or use of the motor vehicle in such state, territory, possession or province; provided the insurance under this subsection shall be reduced to the extent that there is other valid and collectible insurance under such policy or any other motor vehicle insurance policy. In no event shall any person be entitled to receive duplicate payments for the same element of loss.
(d) With respect to the insured motor vehicle, the coverage afforded under the bodily injury liability and property damage liability provisions and the medical payments coverage in any such policy shall apply to the named insured and relatives residing in [his] such insured's household unless any such person is specifically excluded by endorsement.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2010 38a-335
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2010
38a-335
Statement of Purpose:
To require automobile liability insurance policies to include medical payments coverage.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]