HOUSE BILL NO. 2082 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE KEATHLEY.
5266H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 303.020, 303.190, and 379.204, RSMo, and to enact in lieu thereof three new sections relating to motor vehicle liability insurance.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 303.020, 303.190, and 379.204, RSMo, are repealed and three 2 new sections enacted in lieu thereof, to be known as sections 303.020, 303.190, and 379.204, 3 to read as follows: 303.020. As used in this chapter the following words and phrases shall mean: 2 (1) "Chauffeur", a person who is employed for the principal purpose of operating a 3 motor vehicle or any person who drives a motor vehicle while in use as a public or common 4 carrier of persons or property for hire; 5 (2) "Director", director of revenue of the state of Missouri, acting directly or through 6 his authorized officers and agents; 7 (3) "Judgment", a final judgment by a court of competent jurisdiction of any state or 8 of the United States, upon a claim for relief for damages, including damages for care and loss 9 of services, because of bodily injury to or death of any person, or for damages because of 10 injury to or destruction of property, including the loss of use thereof, or upon a claim for relief 11 on any agreement or settlement for such damages arising out of the ownership, maintenance 12 or use of any motor vehicle; 13 (4) "License", an operator's or driver's license, temporary instruction permit, 14 chauffeur's or registered operator's license issued under the laws of this state; 15 (5) "Motor vehicle", a self-propelled vehicle which is designed for use upon a 16 highway, except trailers designed for use with such vehicles, traction engines, road rollers,
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2082 2
17 farm tractors, tractor cranes, power shovels, well drillers, motorized bicycles as defined in 18 section 307.180, electric bicycles as defined in section 301.010, and every vehicle which is 19 propelled by electric power obtained from overhead wires but not operated upon rails; 20 (6) "Nonresident", a person not a resident of the state of Missouri; 21 (7) "Nonresident's operating privilege", the privilege conferred upon a nonresident by 22 the laws of this state pertaining to the operation by him of a motor vehicle, or the use of a 23 motor vehicle owned by him in this state; 24 (8) "Operator", a person who is in actual physical control of a motor vehicle; 25 (9) "Owner", a person who holds the legal title to a motor vehicle; or in the event a 26 motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the 27 right of purchase upon performance of the conditions stated in the agreement and with an 28 immediate right of possession vested in the conditional vendee or lessee, or in the event a 29 mortgagor of a motor vehicle is entitled to possession thereof, then such conditional vendee 30 or lessee or mortgagor; 31 (10) "Proof of financial responsibility", proof of ability to respond in damages for 32 liability, on account of accidents occurring subsequent to the effective date of said proof, 33 arising out of the ownership, maintenance or use of a motor vehicle, in the amount of [twenty- 34 five] fifty thousand dollars because of bodily injury to or death of one person in any one 35 accident, and, subject to said limit for one person, in the amount of [fifty] one hundred 36 thousand dollars because of bodily injury to or death of two or more persons in any one 37 accident, and in the amount of [twenty-five] fifty thousand dollars because of injury to or 38 destruction of property of others in any one accident; 39 (11) "Registration", registration certificate or certificates and registration plates 40 issued under the laws of this state pertaining to the registration of motor vehicles; 41 (12) "State", any state, territory or possession of the United States, the District of 42 Columbia, or any province of the Dominion of Canada; 43 (13) "Street" or "highway", the entire width between property lines of every way or 44 place of whatever nature when any part thereof is open to the use of the public, as a matter of 45 right, for purposes of vehicular traffic. 303.190. 1. A "motor vehicle liability policy" as said term is used in this chapter shall 2 mean an owner's or an operator's policy of liability insurance, certified as provided in section 3 303.170 or section 303.180 as proof of financial responsibility, and issued, except as 4 otherwise provided in section 303.180 by an insurance carrier duly authorized to transact 5 business in this state, to or for the benefit of the person named therein as insured. 6 2. Such owner's policy of liability insurance: 7 (1) Shall designate by explicit description or by appropriate reference all motor 8 vehicles with respect to which coverage is thereby to be granted; HB 2082 3
9 (2) Shall insure the person named therein and any other person, as insured, using any 10 such motor vehicle or motor vehicles with the express or implied permission of such named 11 insured, against loss from the liability imposed by law for damages arising out of the 12 ownership, maintenance or use of such motor vehicle or motor vehicles within the United 13 States of America or the Dominion of Canada, subject to limits, exclusive of interest and 14 costs, with respect to each such motor vehicle, as follows: [twenty-five] fifty thousand 15 dollars because of bodily injury to or death of one person in any one accident and, subject to 16 said limit for one person, [fifty] one hundred thousand dollars because of bodily injury to or 17 death of two or more persons in any one accident, and [twenty-five] fifty thousand dollars 18 because of injury to or destruction of property of others in any one accident; and 19 (3) May exclude coverage against loss from liability imposed by law for damages 20 arising out of the use of such motor vehicles by a member of the named insured's household 21 who is a specifically excluded driver in the policy. 22 3. Such operator's policy of liability insurance shall insure the person named as 23 insured therein against loss from the liability imposed upon him or her by law for damages 24 arising out of the use by him or her of any motor vehicle not owned by him or her, within the 25 said territorial limits and subject to the same limits of liability as are set forth above with 26 respect to any owner's policy of liability insurance. 27 4. Such motor vehicle liability policy shall state the name and address of the named 28 insured, the coverage afforded by the policy, the premium charged therefor, the policy period 29 and the limits of liability, and shall contain an agreement or be endorsed that insurance is 30 provided thereunder in accordance with the coverage defined in this chapter as respects 31 bodily injury and death or property damage, or both, and is subject to all the provisions of this 32 chapter. 33 5. Such motor vehicle liability policy need not insure any liability pursuant to any 34 workers' compensation law nor any liability on account of bodily injury to or death of an 35 employee of the insured while engaged in the employment, other than domestic, of the 36 insured, or while engaged in the operation, maintenance or repair of any such motor vehicle 37 nor any liability for damage to property owned by, rented to, in charge of or transported by the 38 insured. 39 6. Every motor vehicle liability policy shall be subject to the following provisions 40 which need not be contained therein: 41 (1) The liability of the insurance carrier with respect to the insurance required by this 42 chapter shall become absolute whenever injury or damage covered by said motor vehicle 43 liability policy occurs; said policy may not be cancelled or annulled as to such liability by any 44 agreement between the insurance carrier and the insured after the occurrence of the injury or HB 2082 4
45 damage; no statement made by the insured or on his or her behalf and no violation of said 46 policy shall defeat or void said policy; 47 (2) The satisfaction by the insured of a judgment for such injury or damage shall not 48 be a condition precedent to the right or duty of the insurance carrier to make payment on 49 account of such injury or damage; 50 (3) The insurance carrier shall have the right to settle any claim covered by the policy, 51 and if such settlement is made in good faith, the amount thereof shall be deductible from the 52 limits of liability specified in subdivision (2) of subsection 2 of this section; 53 (4) The policy, the written application thereof, if any, and any rider or endorsement 54 which does not conflict with the provisions of this chapter shall constitute the entire contract 55 between the parties. 56 7. Any policy which grants the coverage required for a motor vehicle liability policy 57 may also grant any lawful coverage in excess of or in addition to the coverage specified for a 58 motor vehicle liability policy and such excess or additional coverage shall not be subject to 59 the provisions of this chapter. With respect to a policy which grants such excess or additional 60 coverage the term "motor vehicle liability policy" shall apply only to that part of the coverage 61 which is required by this section. 62 8. Any motor vehicle liability policy may provide that the insured shall reimburse the 63 insurance carrier for any payment the insurance carrier would not have been obligated to 64 make under the terms of the policy except for the provisions of this chapter. 65 9. Any motor vehicle liability policy may provide for the prorating of the insurance 66 thereunder with other valid and collectible insurance. 67 10. The requirements of a motor vehicle liability policy may be fulfilled by the 68 policies of one or more insurance carriers which policies together meet such requirements. 69 11. Any binder issued pending the issuance of a motor vehicle liability policy shall be 70 deemed to fulfill the requirement for such a policy. 379.204. Any underinsured motor vehicle coverage [with limits of liability less than 2 two times the limits for bodily injury or death pursuant to section 303.020] shall be construed 3 to provide coverage in excess of the liability coverage of any [underinsured] motor vehicle 4 involved in the accident. ✔
Statutes affected: