H-4460              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 2651

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By House Committee on Financial Institutions & Insurance (originally sponsored by Representatives R. Meyers, Dellwo, Chandler, Crane, P. King and Anderson)

Read first time 2/2/90.

AN ACT Relating to personal injury protection insurance; adding new sections to chapter 48.22 RCW; and providing an effective date.

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

NEW SECTION. Sec. 1.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Motor vehicle liability insurance policy" means a policy insuring against loss resulting from liability imposed by law for bodily injury, death, or property damage suffered by any person and arising out of the ownership, maintenance, or use of a motor vehicle.

          (2) "Insured" includes:

          (a) The person named in the policy;

          (b) Any person who is a resident of the named insured's household and is either related to the named insured by blood, marriage, or adoption, or is the named insured's ward, foster child, or stepchild;

          (c) Any person while occupying or using, with permission of an insured, a motor vehicle insured under the policy; and

          (d) Any person entitled to recover damages because of bodily injury to or the death of any person indicated in (a) through (c) of this subsection.

NEW SECTION. Sec. 2.     Every motor vehicle liability insurance policy issued or renewed with respect to any private passenger automobile, as defined in RCW 48.18.297 and which is not used in the occupation, profession, or business of the insured, any motor home, as defined in RCW 46.04.305, and any motorcycle or motor-driven cycle, as defined in RCW 46.04.330 and 46.04.332, respectively, registered or principally garaged in this state shall provide personal injury protection benefits for the reasonable and necessary medical and hospital expenses, funeral expenses, loss of income, and loss of household services sustained by an insured because of bodily injury caused by a motor vehicle accident unless the named insured or spouse has rejected such coverage in writing.

NEW SECTION. Sec. 3.     (1) Personal injury protection benefits need not be provided for vendor's single interest policies, or general liability policies, commonly known as umbrella policies, or other policies that apply only as excess to the motor vehicle liability policy directly applicable to the insured motor vehicle.

          (2) Personal injury protection benefits need not be provided for any insured while the insured is operating or occupying a motorcycle or motor-driven cycle unless the motor vehicle liability policy is written to cover the owner or operator of a motorcycle or motor-driven cycle.

NEW SECTION. Sec. 4.     (1) Benefits for reasonable and necessary medical and hospital expenses shall include coverage for prosthetic devices, eyeglasses, ambulance services, and professional nursing services.  At a minimum, such coverage shall pay the expenses incurred within three years after the date of the insured's injury up to fifteen thousand dollars.

          (2) At a minimum, benefits for funeral expenses shall be provided in an amount up to two thousand dollars.

          (3) At a minimum, benefits for loss of income shall be provided in an amount up to fifteen thousand dollars.

          (4) At a minimum, benefits for loss of services shall be provided in an amount up to five thousand dollars.

NEW SECTION. Sec. 5.     The commissioner may adopt rules to establish minimum standards for personal injury protection benefits including, but not limited to:

          (1) Conditions;

          (2) Definitions;

          (3) Exclusions;

          (4) Benefit time periods; and

          (5) Benefit levels to be offered in excess of the statutory minimum.

NEW SECTION. Sec. 6.     Sections 1 through 5 of this act are each added to chapter 48.22 RCW.

NEW SECTION. Sec. 7.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 8.     This act shall take effect on January 1, 1991, but the commissioner may adopt such rules as are necessary to implement this act by its effective date.