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SECOND REGULAR SESSION
HOUSE BILL NO. 2082
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE KEA THLEY .
5266H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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Section A. Sections 303.020, 303.190, and 379.204, RSMo, are repealed and three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) "Chauff eur", 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 of ficers 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 chauf feur'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,
EXPLANA TION — 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.
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 ef fective 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 hundr ed
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 (1 1) "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 traf fic.
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;
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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 af forded by the policy , the premium char ged 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 char ge 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
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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 . W ith 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 1 1. 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.
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