H-2363.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1733

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Zellinsky, L. Thomas, Benson, DeBolt, Dyer and Pennington)

Read first time 03/03/97.

Clarifying personal injury protection automobile insurance coverage.

    AN ACT Relating to personal injury protection automobile insurance; and amending RCW 48.22.090.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 48.22.090 and 1993 c 242 s 3 are each amended to read as follows:

    (1) Personal injury protection coverage need not be provided for vendor's single interest policies, general liability policies, or other policies, commonly known as umbrella policies, that apply only as excess to the automobile liability policy directly applicable to the insured motor vehicle.

    (2) Personal injury protection coverage need not be provided to or on behalf of:

    (a) A person who intentionally causes injury to himself or herself;

    (b) A person who is injured while participating in a prearranged or organized racing or speed contest or in practice or preparation for such a contest;

    (c) A person whose bodily injury is due to war, whether or not declared, or to an act or condition incident to such circumstances;

    (d) A person whose bodily injury results from the radioactive, toxic, explosive, or other hazardous properties of nuclear material;

    (e) The named insured or a relative while occupying a motor vehicle owned by the named insured or furnished for the named insured's regular use, if such motor vehicle is not described on the declaration page of the policy under which a claim is made;

    (f) A relative while occupying a motor vehicle owned by the relative or furnished for the relative's regular use, if such motor vehicle is not described on the declaration page of the policy under which a claim is made; or

    (g) An insured whose bodily injury results or arises from the insured's use of an automobile in the commission of a felony.

(3) For policies that are new or renewed after the effective date of this act, when an insured has personal injury protection coverage on more than one vehicle, and coverage applies to an accident not involving any of the insured's vehicles, only one of the insured's personal injury protection coverages applies.  If there are different limits of coverage, the policy with the highest limit applies.  This does not preclude personal injury protection policies of others from applying, and does not preclude other types of policies from applying.  The insurer shall notify persons that enter into new or renew personal injury protection coverage on multiple vehicles through the insurer that coverage is limited as provided under this subsection.

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