act-1963-0-433•Pennsylvania Act 1963-433 — MOTOR VEHICLE INSURANCE - UNINSURED DRIVER PROVISIONS
Pennsylvania Act 1963-433 — MOTOR VEHICLE INSURANCE - UNINSURED DRIVER PROVISIONS
act-1963-0-4331963 Pa. Act 433Law
Act text
MOTOR VEHICLE INSURANCE - UNINSURED DRIVER PROVISIONS
Act of Aug. 14, 1963, P.L. 909, No. 433 Cl. 40
AN ACT
Requiring, with limitations, that insurance policies insuring
against loss occurring in connection with motor vehicles
provide protection against certain uninsured motorists.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. (a) No motor vehicle liability policy of
insurance insuring against loss resulting from liability imposed
by law for bodily injury or death suffered by any 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 are
fixed from time to time by the General Assembly in section 1421
of article XIV. of "The Vehicle Code," act of April 29, 1959
(P.L.58), under provisions approved by the Insurance
Commissioner, for the protection of persons insured thereunder
who are legally entitled to recover damages from owners or
operators of uninsured motor vehicles because of bodily injury,
sickness or disease, including death resulting therefrom,
Provided, That:
(1) An owner or operator of (i) any motor vehicle designed
for carrying freight or merchandise or, (ii) any motor vehicle
operated for the carriage of passengers for hire or
compensation, having in either instance been granted a
certificate of public convenience or a permit by the
Pennsylvania Public Utility Commission or been issued a
certificate of public convenience and necessity or a permit by
the Interstate Commerce Commission, and
(2) An owner or operator of any other motor vehicle designed
for carrying freight or merchandise or operated for the carriage
of passengers for hire whose employes are insured under the
provisions of "The Pennsylvania Workmen's Compensation Act," act
of June 2, 1915 (P.L.736), as amended, shall have the right to
reject such coverage in writing in which event, such coverage
need not be provided in or supplemental to a renewal policy
where such insured had rejected the coverage in connection with
a policy previously issued to him by the same insurer.
(b) For the purpose of this coverage the term "uninsured
motor vehicle" shall be deemed to include an insured motor
vehicle where the liability insurer thereof is unable to make
payment with respect to the legal liability of its insured
within the limits specified therein because of insolvency.
(c) An insured's insolvency protection shall be applicable
only to accidents occurring during a policy period in which its
insured's uninsured motorist coverage is in effect where the
liability insurer of the tort-feasor becomes insolvent within
six years after such an accident.
(d) In the event of payment to any person under the coverage
required by this section, the insurer making such payment shall,
to the extent thereof, be entitled to the proceeds of any
settlement or judgment resulting from the exercise of any rights
of recovery of such person against any person or organization
legally responsible for the bodily injury for which such payment
is made, including the proceeds recoverable from the assets of
the insolvent insurer. Whenever an insurer shall make payment
under the coverage required by this section, which payment is
occasioned by an insolvency, such insurer's right of recovery or
reimbursement shall not include any rights against the insured
of said insolvent insurer, but such paying insurer shall have
the right to proceed directly against the insolvent insurer or
its receiver, and in pursuance of such right such paying insurer
shall possess any rights which the insured of the insolvent
insurer might have had if the insured of the insolvent insurer
had personally made the payment.
(e) The coverage required by this section does not apply:
(1) To property damage sustained by the insured.
(2) To bodily injury sustained by the insured with respect
to which the insured or his representative shall, without the
written consent of the insurer, make any settlement with or
prosecute to judgment any action against any person who may be
legally liable therefor.
(3) In any instance where it would inure directly or
indirectly to the benefit of any workmen's compensation carrier
or to any person qualified as a self-insurer under any workmen's
compensation law.
(f) Nothing herein contained shall be construed to prevent
any insurer from affording the coverage required by this section
under terms and conditions more favorable to its insured than
are provided herein.
(1 amended Dec. 19, 1968, P.L.1254, No.397)
Section 2. This act shall take effect January 1, 1964.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.