LRBs0041/1
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1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 6
March 7, 1995 - Offered by Committee on Insurance, Securities and Corporate
Policy
.
SB6-ASA1,1,4 1An Act to amend 631.43 (3) and 632.32 (4) (a) 1.; and to create 632.32 (4m) and
2632.32 (5) (f) to (j) of the statutes; relating to: notification of the availability
3of underinsured motorist coverage, stacking of motor vehicle insurance
4coverage and drive-other-car exclusions under motor vehicle policies.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB6-ASA1, s. 1 5Section 1. 631.43 (3) of the statutes is amended to read:
SB6-ASA1,1,76 631.43 (3) Exception. Subsection (1) does not affect the rights of insurers to
7exclude coverages, limit or reduce coverage under s. 632.32 (5) (b) and, (c) or (f) to (j).
SB6-ASA1, s. 2 8Section 2. 632.32 (4) (a) 1. of the statutes is amended to read:
SB6-ASA1,1,149 632.32 (4) (a) 1. For the protection of persons injured who are legally entitled
10to recover damages from owners or operators of uninsured motor vehicles because
11of bodily injury, sickness or disease, including death resulting therefrom, in limits
12of at least $25,000 per person and $50,000 per accident. The insurer may increase
13the coverage limits provided under this paragraph up to the bodily injury liability
14limits provided in the policy.
SB6-ASA1, s. 3
1Section 3. 632.32 (4m) of the statutes is created to read:
SB6-ASA1,2,122 632.32 (4m) Underinsured motorist coverage. (a) 1. An insurer writing
3policies that insure with respect to a motor vehicle registered or principally garaged
4in this state against loss resulting from liability imposed by law for bodily injury or
5death suffered by a person arising out of the ownership, maintenance or use of a
6motor vehicle shall provide to one insured under each such insurance policy that goes
7into effect after the effective date of this subdivision .... [revisor inserts date], that
8is written by the insurer and that does not include underinsured motorist coverage
9written notice of the availability of underinsured motorist coverage, including a brief
10description of the coverage. An insurer is required to provide the notice required
11under this subdivision only one time and in conjunction with the delivery of the
12policy.
SB6-ASA1,2,2013 2. An insurer under subd. 1. shall provide to one insured under each insurance
14policy described in subd. 1. that is in effect on the effective date of this subdivision
15.... [revisor inserts date], that is written by the insurer and that does not include
16underinsured motorist coverage written notice of the availability of underinsured
17motorist coverage, including a brief description of the coverage. An insurer is
18required to provide the notice required under this subdivision only one time and in
19conjunction with the notice of the first renewal of each policy occurring after 120 days
20after the effective date of this subdivision .... [revisor inserts date].
SB6-ASA1,3,221 (b) Acceptance or rejection of underinsured motorist coverage by a person after
22being notified under par. (a) need not be in writing. The absence of a premium
23payment for underinsured motorist coverage is conclusive proof that the person has
24rejected such coverage. The rejection of such coverage by the person notified under

1par. (a) shall apply to all persons insured under the policy, including any renewal of
2the policy.
SB6-ASA1,3,63 (c) If a person rejects underinsured motorist coverage after being notified under
4par. (a), the insurer is not required to provide such coverage under a policy that is
5renewed to the person by that insurer unless an insured under the policy
6subsequently requests such underinsured motorist coverage in writing.
SB6-ASA1,3,127 (d) If an insured who is notified under par. (a) 1. accepts underinsured motorist
8coverage, the insurer shall include the coverage under the policy just delivered to the
9insured in limits of at least $50,000 per person and $100,000 per accident. For any
10insured who accepts the coverage after notification under par. (a) 2., the insurer shall
11include the coverage under the renewed policy in limits of at least $50,000 per person
12and $100,000 per accident.
SB6-ASA1, s. 4 13Section 4. 632.32 (5) (f) to (j) of the statutes are created to read:
SB6-ASA1,3,1914 632.32 (5) (f) A policy may provide that regardless of the number of policies
15involved, vehicles involved, persons covered, claims made, vehicles or premiums
16shown on the policy or premiums paid the limits for any coverage under the policy
17may not be added to the limits for similar coverage applying to other motor vehicles
18to determine the limit of insurance coverage available for bodily injury or death
19suffered by a person in any one accident.
SB6-ASA1,3,2420 (g) A policy may provide that the maximum amount of uninsured or
21underinsured motorist coverage available for bodily injury or death suffered by a
22person who was not using a motor vehicle at the time of an accident is the highest
23single limit of uninsured or underinsured motorist coverage, whichever is applicable,
24for any motor vehicle with respect to which the person is insured.
SB6-ASA1,4,4
1(h) A policy may provide that the maximum amount of medical payments
2coverage available for bodily injury or death suffered by a person who was not using
3a motor vehicle at the time of an accident is the highest single limit of medical
4payments coverage for any motor vehicle with respect to which the person is insured.
SB6-ASA1,4,75 (i) A policy may provide that the limits under the policy for uninsured or
6underinsured motorist coverage for bodily injury or death resulting from any one
7accident shall be reduced by any of the following that apply:
SB6-ASA1,4,98 1. Amounts paid by or on behalf of any person or organization that may be
9legally responsible for the bodily injury or death for which the payment is made.
SB6-ASA1,4,1010 2. Amounts paid or payable under any worker's compensation law.
SB6-ASA1,4,1111 3. Amounts paid or payable under any disability benefits laws.
SB6-ASA1,4,1412 (j) A policy may provide that any coverage under the policy does not apply to
13a loss resulting from the use of a motor vehicle that meets all of the following
14conditions:
SB6-ASA1,4,1715 1. Is owned by the named insured, or is owned by the named insured's spouse
16or a relative of the named insured if the spouse or relative resides in the same
17household as the named insured.
SB6-ASA1,4,1818 2. Is not described in the policy under which the claim is made.
SB6-ASA1,4,2019 3. Is not covered under the terms of the policy as a newly acquired or
20replacement motor vehicle.
SB6-ASA1, s. 5 21Section 5. Initial applicability.
SB6-ASA1,4,24 22(1)  Except as provided in subsection (2) , the treatment of sections 631.43 (3)
23and 632.32 (4) (a) 1. and (5) (f) to (j) of the statutes first applies to motor vehicle
24insurance policies that are issued or renewed on the effective date of this subsection.
SB6-ASA1,5,5
1(2)   If a motor vehicle insurance policy in existence on the effective date of this
2subsection contains a provision authorized under section 632.32 (5) (f) to (j) of the
3statutes, as created by this act, the provision is first enforceable with respect to
4claims arising out of motor vehicle accidents occurring on the effective date of this
5subsection.
SB6-ASA1, s. 6 6Section 6. Effective dates. This act takes effect on the day after publication,
7except as follows:
SB6-ASA1,5,9 8(1) The treatment of section 632.32 (4m) of the statutes takes effect on the first
9day of the 3rd month beginning after publication.
SB6-ASA1,5,1010 (End)
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