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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1289
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (15).
5585S.01I KRISTINA MARTIN, Secretary
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, 1
are repealed and three new sections enacted in lieu thereof, to 2
be known as sections 303.020, 303.190, and 379.204, to read as 3
follows:4
303.020. As used in this chapter the following words 1
and phrases shall mean: 2
(1) "Chauffeur", a person who is employed for the 3
principal purpose of operating a motor vehicle or any person 4
who drives a motor vehicle while in use as a public or 5
common carrier of persons or property for hire; 6
(2) "Director", director of revenue of the state of 7
Missouri, acting directly or through his authorized officers 8
and agents; 9
(3) "Judgment", a final judgment by a court of 10
competent jurisdiction of any state or of the United States, 11
upon a claim for relief for damages, including damages for 12
care and loss of services, because of bodily injury to or 13
death of any person, or for damages because of injury to or 14
destruction of property, including the loss of use thereof, 15
or upon a claim for relief on any agreement or settlement 16
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for such damages arising out of the ownership, maintenance 17
or use of any motor vehicle; 18
(4) "License", an operator's or driver's license, 19
temporary instruction permit, chauffeur's or registered 20
operator's license issued under the laws of this state; 21
(5) "Motor vehicle", a self-propelled vehicle which is 22
designed for use upon a highway, except trailers designed 23
for use with such vehicles, traction engines, road rollers, 24
farm tractors, tractor cranes, power shovels, well drillers, 25
motorized bicycles as defined in section 307.180, electric 26
bicycles as defined in section 301.010, and every vehicle 27
which is propelled by electric power obtained from overhead 28
wires but not operated upon rails; 29
(6) "Nonresident", a person not a resident of the 30
state of Missouri; 31
(7) "Nonresident's operating privilege", the privilege 32
conferred upon a nonresident by the laws of this state 33
pertaining to the operation by him of a motor vehicle, or 34
the use of a motor vehicle owned by him in this state; 35
(8) "Operator", a person who is in actual physical 36
control of a motor vehicle; 37
(9) "Owner", a person who holds the legal title to a 38
motor vehicle; or in the event a motor vehicle is the 39
subject of an agreement for the conditional sale or lease 40
thereof with the right of purchase upon performance of the 41
conditions stated in the agreement and with an immediate 42
right of possession vested in the conditional vendee or 43
lessee, or in the event a mortgagor of a motor vehicle is 44
entitled to possession thereof, then such conditional vendee 45
or lessee or mortgagor; 46
(10) "Proof of financial responsibility", proof of 47
ability to respond in damages for liability, on account of 48
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accidents occurring subsequent to the effective date of said 49
proof, arising out of the ownership, maintenance or use of a 50
motor vehicle, in the amount of [twenty-five] fifty thousand 51
dollars because of bodily injury to or death of one person 52
in any one accident, and, subject to said limit for one 53
person, in the amount of [fifty] one hundred thousand 54
dollars because of bodily injury to or death of two or more 55
persons in any one accident, and in the amount of [twenty- 56
five] fifty thousand dollars because of injury to or 57
destruction of property of others in any one accident; 58
(11) "Registration", registration certificate or 59
certificates and registration plates issued under the laws 60
of this state pertaining to the registration of motor 61
vehicles; 62
(12) "State", any state, territory or possession of 63
the United States, the District of Columbia, or any province 64
of the Dominion of Canada; 65
(13) "Street" or "highway", the entire width between 66
property lines of every way or place of whatever nature when 67
any part thereof is open to the use of the public, as a 68
matter of right, for purposes of vehicular traffic. 69
303.190. 1. A "motor vehicle liability policy" as 1
said term is used in this chapter shall mean an owner's or 2
an operator's policy of liability insurance, certified as 3
provided in section 303.170 or section 303.180 as proof of 4
financial responsibility, and issued, except as otherwise 5
provided in section 303.180 by an insurance carrier duly 6
authorized to transact business in this state, to or for the 7
benefit of the person named therein as insured. 8
2. Such owner's policy of liability insurance: 9
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(1) Shall designate by explicit description or by 10
appropriate reference all motor vehicles with respect to 11
which coverage is thereby to be granted; 12
(2) Shall insure the person named therein and any 13
other person, as insured, using any such motor vehicle or 14
motor vehicles with the express or implied permission of 15
such named insured, against loss from the liability imposed 16
by law for damages arising out of the ownership, maintenance 17
or use of such motor vehicle or motor vehicles within the 18
United States of America or the Dominion of Canada, subject 19
to limits, exclusive of interest and costs, with respect to 20
each such motor vehicle, as follows: [twenty-five] fifty 21
thousand dollars because of bodily injury to or death of one 22
person in any one accident and, subject to said limit for 23
one person, [fifty] one hundred thousand dollars because of 24
bodily injury to or death of two or more persons in any one 25
accident, and [twenty-five] fifty thousand dollars because 26
of injury to or destruction of property of others in any one 27
accident; and 28
(3) May exclude coverage against loss from liability 29
imposed by law for damages arising out of the use of such 30
motor vehicles by a member of the named insured's household 31
who is a specifically excluded driver in the policy. 32
3. Such operator's policy of liability insurance shall 33
insure the person named as insured therein against loss from 34
the liability imposed upon him or her by law for damages 35
arising out of the use by him or her of any motor vehicle 36
not owned by him or her, within the said territorial limits 37
and subject to the same limits of liability as are set forth 38
above with respect to any owner's policy of liability 39
insurance. 40
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4. Such motor vehicle liability policy shall state the 41
name and address of the named insured, the coverage afforded 42
by the policy, the premium charged therefor, the policy 43
period and the limits of liability, and shall contain an 44
agreement or be endorsed that insurance is provided 45
thereunder in accordance with the coverage defined in this 46
chapter as respects bodily injury and death or property 47
damage, or both, and is subject to all the provisions of 48
this chapter. 49
5. Such motor vehicle liability policy need not insure 50
any liability pursuant to any workers' compensation law nor 51
any liability on account of bodily injury to or death of an 52
employee of the insured while engaged in the employment, 53
other than domestic, of the insured, or while engaged in the 54
operation, maintenance or repair of any such motor vehicle 55
nor any liability for damage to property owned by, rented 56
to, in charge of or transported by the insured. 57
6. Every motor vehicle liability policy shall be 58
subject to the following provisions which need not be 59
contained therein: 60
(1) The liability of the insurance carrier with 61
respect to the insurance required by this chapter shall 62
become absolute whenever injury or damage covered by said 63
motor vehicle liability policy occurs; said policy may not 64
be cancelled or annulled as to such liability by any 65
agreement between the insurance carrier and the insured 66
after the occurrence of the injury or damage; no statement 67
made by the insured or on his or her behalf and no violation 68
of said policy shall defeat or void said policy; 69
(2) The satisfaction by the insured of a judgment for 70
such injury or damage shall not be a condition precedent to 71
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the right or duty of the insurance carrier to make payment 72
on account of such injury or damage; 73
(3) The insurance carrier shall have the right to 74
settle any claim covered by the policy, and if such 75
settlement is made in good faith, the amount thereof shall 76
be deductible from the limits of liability specified in 77
subdivision (2) of subsection 2 of this section; 78
(4) The policy, the written application thereof, if 79
any, and any rider or endorsement which does not conflict 80
with the provisions of this chapter shall constitute the 81
entire contract between the parties. 82
7. Any policy which grants the coverage required for a 83
motor vehicle liability policy may also grant any lawful 84
coverage in excess of or in addition to the coverage 85
specified for a motor vehicle liability policy and such 86
excess or additional coverage shall not be subject to the 87
provisions of this chapter. With respect to a policy which 88
grants such excess or additional coverage the term "motor 89
vehicle liability policy" shall apply only to that part of 90
the coverage which is required by this section. 91
8. Any motor vehicle liability policy may provide that 92
the insured shall reimburse the insurance carrier for any 93
payment the insurance carrier would not have been obligated 94
to make under the terms of the policy except for the 95
provisions of this chapter. 96
9. Any motor vehicle liability policy may provide for 97
the prorating of the insurance thereunder with other valid 98
and collectible insurance. 99
10. The requirements of a motor vehicle liability 100
policy may be fulfilled by the policies of one or more 101
insurance carriers which policies together meet such 102
requirements. 103
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11. Any binder issued pending the issuance of a motor 104
vehicle liability policy shall be deemed to fulfill the 105
requirement for such a policy. 106
379.204. Any underinsured motor vehicle coverage [with 1
limits of liability less than two times the limits for 2
bodily injury or death pursuant to section 303.020] shall be 3
construed to provide coverage in excess of the liability 4
coverage of any [underinsured] motor vehicle involved in the 5
accident. 6
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