SB386,7,2524 631.43 (3) Exception. Subsection (1) does not affect the rights of insurers to
25exclude, limit, or restrict reduce coverage under s. 632.32 (5) (b) or, (c) or (f) to (j).
SB386, s. 13
1Section 13. 632.32 (2) (am) of the statutes, as created by 2009 Wisconsin Act
228
, is repealed.
SB386, s. 14 3Section 14. 632.32 (2) (at) of the statutes, as affected by 2009 Wisconsin Act
428
, is renumbered 632.32 (2) (a).
SB386, s. 15 5Section 15. 632.32 (2) (cm) of the statutes, as created by 2009 Wisconsin Act
628
, is repealed.
SB386, s. 16 7Section 16. 632.32 (2) (d) of the statutes, as created by 2009 Wisconsin Act 28,
8is repealed.
SB386, s. 17 9Section 17. 632.32 (2) (e) of the statutes, as created by 2009 Wisconsin Act 28,
10is repealed.
SB386, s. 18 11Section 18. 632.32 (2) (f) of the statutes, as created by 2009 Wisconsin Act 28,
12is repealed.
SB386, s. 19 13Section 19. 632.32 (2) (g) of the statutes, as created by 2009 Wisconsin Act 28,
14is repealed.
SB386, s. 20 15Section 20. 632.32 (2) (h) of the statutes, as affected by 2009 Wisconsin Act
1628
, is renumbered 632.32 (2) (c).
SB386, s. 21 17Section 21. 632.32 (4) (title) of the statutes, as affected by 2009 Wisconsin Act
1828
, is amended to read:
SB386,8,2019 632.32 (4) (title) Required uninsured motorist, underinsured motorist, and
20medical payments coverages.
SB386, s. 22 21Section 22. 632.32 (4) (a) (title) of the statutes, as affected by 2009 Wisconsin
22Act 28
, is created to read:
SB386,8,2323 632.32 (4) (a) (title) Uninsured motorist.
SB386, s. 23 24Section 23. 632.32 (4) (a) (intro.) of the statutes, as affected by 2009 Wisconsin
25Act 28
, is renumbered 632.32 (4) (intro.) and amended to read:
SB386,9,6
1632.32 (4) (intro.) Every policy of insurance subject to this section that insures
2with respect to any motor vehicle registered or principally garaged in this state
3against loss resulting from liability imposed by law for bodily injury or death suffered
4by any person arising out of the ownership, maintenance, or use of a motor vehicle
5shall contain therein or supplemental thereto the following provisions for all of the
6following coverages
:
SB386, s. 24 7Section 24. 632.32 (4) (a) 1. of the statutes, as affected by 2009 Wisconsin Act
828
, is amended to read:
SB386,9,149 632.32 (4) (a) 1. Excluding a policy written by a town mutual organized under
10ch. 612, uninsured motorist coverage
For the protection of persons injured who are
11legally entitled to recover damages from owners or operators of uninsured motor
12vehicles because of bodily injury, sickness, or disease, including death resulting
13therefrom
, in limits of at least $100,000 $25,000 per person and $300,000 $50,000
14per accident.
SB386, s. 25 15Section 25. 632.32 (4) (a) 2. of the statutes, as affected by 2009 Wisconsin Act
1628
, is created to read:
SB386,9,1817 632.32 (4) (a) 2. In this paragraph, "uninsured motor vehicle" also includes any
18of the following:
SB386,9,2019 a. An insured motor vehicle if before or after the accident the liability insurer
20of the motor vehicle is declared insolvent by a court of competent jurisdiction.
SB386,9,2321 b. Except as provided in subd. 2. c., an unidentified motor vehicle, provided that
22an independent 3rd party provides evidence in support of the unidentified motor
23vehicle's involvement in the accident.
SB386,9,2424 c. An unidentified motor vehicle involved in a hit-and-run accident.
SB386, s. 26
1Section 26. 632.32 (4) (a) 2m. of the statutes, as created by 2009 Wisconsin Act
228
, is repealed.
SB386, s. 27 3Section 27. 632.32 (4) (a) 3m. of the statutes, as affected by 2009 Wisconsin
4Act 28
, is renumbered 632.32 (4) (b) and amended to read:
SB386,10,145 632.32 (4) (b) Medical payments. Medical To indemnify for medical payments
6coverage, or chiropractic payments or both in the amount of at least $10,000 $1,000
7per person for the protection of all persons using the insured motor vehicle from
8losses resulting from bodily injury or death. The named insured may reject the
9coverage. If the named insured rejects the coverage, it need not be provided in a
10subsequent renewal policy issued by the same insurer unless the insured requests
11it in writing. Under the medical or chiropractic payments coverage, the insurer shall
12be subrogated to the rights of its insured to the extent of its payments
. Coverage
13written under this subdivision paragraph may be excess coverage over any other
14source of reimbursement to which the insured person has a legal right.
SB386, s. 28 15Section 28. 632.32 (4) (bc) of the statutes, as created by 2009 Wisconsin Act
1628
, is repealed.
SB386, s. 29 17Section 29. 632.32 (4) (c) of the statutes, as affected by 2009 Wisconsin Act 28,
18is renumbered 632.32 (4) (a) 3. and amended to read:
SB386,10,2219 632.32 (4) (a) 3. Unless an insurer waives the right to subrogation, insurers
20Insurers making payment under any of the coverages under this subsection the
21uninsured motorists' coverage
shall, to the extent of the payment, be subrogated to
22the rights of their insureds.
SB386, s. 30 23Section 30. 632.32 (4m) of the statutes, as affected by 2009 Wisconsin Act 28,
24is created to read:
SB386,11,10
1632.32 (4m) Underinsured motorist coverage. (a) An insurer writing policies
2that insure with respect to a motor vehicle registered or principally garaged in this
3state against loss resulting from liability imposed by law for bodily injury or death
4suffered by a person arising out of the ownership, maintenance, or use of a motor
5vehicle shall provide to one insured under each such insurance policy that goes into
6effect after October 1, 1995, that is written by the insurer and that does not include
7underinsured motorist coverage written notice of the availability of underinsured
8motorist coverage, including a brief description of the coverage. An insurer is
9required to provide the notice required under this subdivision only one time and in
10conjunction with the delivery of the policy.
SB386,11,1611 (b) Acceptance or rejection of underinsured motorist coverage by a person after
12being notified under par. (a) need not be in writing. The absence of a premium
13payment for underinsured motorist coverage is conclusive proof that the person has
14rejected such coverage. The rejection of such coverage by the person notified under
15par. (a) shall apply to all persons insured under the policy, including any renewal of
16the policy.
SB386,11,2017 (c) If a person rejects underinsured motorist coverage after being notified under
18par. (a), the insurer is not required to provide such coverage under a policy that is
19renewed to the person by that insurer unless an insured under the policy
20subsequently requests such underinsured motorist coverage in writing.
SB386,11,2321 (d) If an insured who is notified under par. (a) accepts underinsured motorist
22coverage, the insurer shall include the coverage under the policy just delivered to the
23insured in limits of at least $50,000 per person and $100,000 per accident.
SB386, s. 31 24Section 31. 632.32 (4r) of the statutes, as created by 2009 Wisconsin Act 28,
25is repealed.
SB386, s. 32
1Section 32. 632.32 (6) (d) of the statutes, as affected by 2009 Wisconsin Act 28,
2is renumbered 632.32 (5) (f) and amended to read:
SB386,12,103 632.32 (5) (f) No A policy may provide that, regardless of the number of policies
4involved, vehicles involved, persons covered, claims made, vehicles or premiums
5shown on the policy, or premiums paid, the limits for any uninsured motorist
6coverage or underinsured motorist
coverage under the policy may not be added to the
7limits for similar coverage applying to other motor vehicles to determine the limit of
8insurance coverage available for bodily injury or death suffered by a person in any
9one accident, except that a policy may limit the number of motor vehicles for which
10the limits for coverage may be added to 3 vehicles
.
SB386, s. 33 11Section 33. 632.32 (6) (e) of the statutes, as affected by 2009 Wisconsin Act 28,
12is renumbered 632.32 (5) (g) and amended to read:
SB386,12,1913 632.32 (5) (g) No A policy may provide that the maximum amount of uninsured
14motorist coverage or underinsured motorist coverage available for bodily injury or
15death suffered by a person who was not using a motor vehicle at the time of an
16accident is any the highest single limit of uninsured motorist coverage or
17underinsured motorist coverage, whichever is applicable, for any motor vehicle with
18respect to which the person is insured, except that a policy may limit the number of
19motor vehicles for which coverage limits may be added to 3 vehicles
.
SB386, s. 34 20Section 34. 632.32 (6) (f) of the statutes, as affected by 2009 Wisconsin Act 28,
21is renumbered 632.32 (5) (h) and amended to read:
SB386,13,222 632.32 (5) (h) No A policy may provide that the maximum amount of medical
23payments coverage available for bodily injury or death suffered by a person who was
24not using a motor vehicle at the time of an accident is any the highest single limit of
25medical payments coverage for any motor vehicle with respect to which the person

1is insured, except that a policy may limit the number of motor vehicles for which
2medical payments coverage limits may be added to 3 vehicles
.
SB386, s. 35 3Section 35. 632.32 (6) (g) of the statutes, as affected by 2009 Wisconsin Act 28,
4is renumbered 632.32 (5) (i), and 632.32 (5) (i) (intro.), as renumbered, is amended
5to read:
SB386,13,96 632.32 (5) (i) (intro.) No A policy may provide that the limits under the policy
7for uninsured motorist coverage or underinsured motorist coverage for bodily injury
8or death resulting from any one accident shall be reduced by any of the following that
9apply:
SB386, s. 36 10Section 36. Initial applicability.
SB386,13,1211 (1) This act first applies to motor vehicle insurance policies issued or renewed
12on the effective date of this subsection.
SB386, s. 37 13Section 37. Effective date.
SB386,13,1514 (1) This act takes effect on November 1, 2009, or on the day after publication,
15whichever is later.
SB386,13,1616 (End)
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