Motor vehicle financial responsibility.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0472

HOUSE BILL
NO.
HB0168

Motor vehicle financial responsibility.

Sponsored by:
Representative(s) Stubson, Berger and Zwonitzer, Dn. and Senator(s) Landen

A BILL

for

AN ACT relating to motor vehicle insurance; increasing motor vehicle financial responsibility requirements; requiring uninsured and underinsured coverage; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 31
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9
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102(a)(xi), 31
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9
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202(d), 31
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9
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405(a) and (b)(ii), 31
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9
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409(a) and 31
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10
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101 are amended to read:

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102.

Definitions.

(a)

As used in this act:

(xi)

"Proof of financial responsibility" means evidence of ability to respond in damages for liability, resulting from accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of
twenty
‑
five thousand dollars ($25,000.00)
fifty thousand dollars ($50,000.00)
because of bodily injury to or death of one (1) person in any one (1) accident, and subject to the limit for one (1) person, in the amount of
fifty thousand dollars ($50,000.00)
one hundred thousand dollars ($100,000.00)
because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the amount of
twenty thousand dollars ($20,000.00)
twenty-five thousand dollars ($25,000.00)
because of injury to or destruction of property of others in any one (1) accident;

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9
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202.

Suspension of license and registration after accident report; exclusions and security requirements.

(d)

No insurance policy or surety bond is effective under this section unless issued by an insurance company or surety company authorized to do business in this state, except that if the motor vehicle was not registered in this state, or was a motor vehicle which was registered elsewhere than in this state at the effective date of the policy or bond, or the most recent renewal thereof, the policy or bond is not effective under this section unless the insurance company or surety company if not authorized to do business in this state executes a power of attorney authorizing the division to accept service on its behalf of notice or process in any action upon the policy or bond arising out of the accident. Every policy or bond shall be subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than
twenty-five thousand dollars ($25,000.00)
fifty thousand dollars ($50,000.00)
because of bodily injury to or death of one (1) person in any one (1) accident and, subject to the limit for one (1) person, to a limit of not less than
fifty thousand dollars ($50,000.00)
one hundred thousand dollars ($100,000.00)
because of bodily injury to or death of two (2) or more persons in any one (1) accident, and, if the accident has resulted in injury to or destruction of property, to a limit of not less than
twenty thousand dollars ($20,000.00)
twenty-five thousand dollars ($25,000.00)
because of injury to or destruction of property of others in any one (1) accident.

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405.

"Liability policy" defined; required coverage; additional clauses.

(a)

As used in this act "liability policy" means an owner's or an operator's policy of liability insurance, certified as provided in W.S. 31
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9
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403 or 31
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9
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404 as proof of financial responsibility, and issued, except as otherwise provided in W.S. 31
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9
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404, by an insurance carrier authorized to transact business in this state, to or for the benefit of the person named as insured.
For the purposes of this act, "liability policy" shall also include the uninsured and underinsured coverage required by W.S. 31
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10
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101, and every provision of law referencing liability policy requirements of this act shall be interpreted to include coverage required by W.S. 31
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10
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101.

(b)

An owner's policy of liability insurance shall:

(ii)

Insure the person named and, except for persons specifically excluded pursuant to W.S. 26
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105, any other person, as insured, using any covered motor vehicle with the express or implied permission of the named insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of the motor vehicle within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs with respect to each motor vehicle, as follows:
twenty-five thousand dollars ($25,000.00)
fifty thousand dollars ($50,000.00)
because of bodily injury to or death of one (1) person in any one (1) accident and, subject to the limit for one (1) person,
fifty thousand dollars ($50,000.00)
one hundred thousand dollars ($100,000.00)
because of bodily injury to or death of two (2) or more persons in any one (1) accident and
twenty thousand dollars ($20,000.00)
twenty-five thousand dollars ($25,000.00)
because of injury to or destruction of property of others in any one (1) accident.

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409.

Cash and securities deposited with state treasurer.

(a)

Proof of financial responsibility may be evidenced by the certificate of the state treasurer that the person named therein has deposited with him
twenty-five thousand dollars ($25,000.00)
fifty thousand dollars ($50,000.00)
in cash, or securities as provided by W.S. 9
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4
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821 or as may legally be purchased for trust funds of a market value of
twenty-five thousand dollars ($25,000.00)
fifty thousand dollars ($50,000.00)
. The state treasurer shall not accept any deposit and issue a certificate therefor and the division shall not accept the certificates unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.

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101.

Required coverage.

No policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any natural person arising out of the ownership, maintenance or use of a motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein
,

or supplemental thereto,
in limits for bodily injury or death as provided by W.S. 31
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102(a)(xi), under provisions approved by the insurance commissioner for the protection of persons insured thereunder or legally entitled to recover damages from owners or operators of uninsured
and underinsured
motor vehicles because of bodily injury, sickness or disease, including death resulting therefrom.

The named insured may reject the coverage. Unless the named insured requests the coverage in writing, the coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with the policy previously issued to him by the same insurer.

Section 2.

This act is effective July 1, 200
9
.

(END)

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HB0168