ITLA FYI



Posted by: Avery Roberts on Mar 3, 2021

 
 
The Senate Commerce & Human Resources Committee voted yesterday to hold both UIM bills in Committee. This motion was made before either bill was introduced or explained despite many people signed up to testify on the bills.  Citizens were there to tell their own stories and highlight the unfairness of UIM offset. This is only a minor setback and we will continue the push for a hearing on these bills or a compromise of the two. 
 
Please reach out to the sponsors of S 1118 and let them know how important this bill is and how much we appreciate their efforts.
Senator Peter Riggs
Senator Kelly Anthon
Representative Jason Monks
Representative Bruce Skaug
Representative James Ruchti
Representative Rod Furniss
(208) 332-1338
(208) 332-1305
(208) 332-1036
(208) 332-1178
(208) 332-1031
(208) 332-1056
Please keep the pressure on and let the Committee know your thoughts on their inaction of these bills. 
Chair Jim Patrick (R 25)
Vice-Chair Mary Souza (R 4)
Fred Martin (R 15)
Todd Lakey (R 12)
Jim Guthrie (R 28)
Jeff Agenbroad (R 13)
Peter Riggs (R 3)
Janie Ward-Engelking (D 18)
Grant Burgoyne (D 16)          
(208) 332-1318
(208) 332-1322
(208) 332-1407
(208) 332-1328
(208) 332-1348
(208) 332-1329
(208) 332-1338
(208) 332-1412
(208) 332-1411
You may contact your legislators directly by linking to them above or by calling  208.332.1000 or 800.626.0471 and leaving a message for the committee in general or a particular legislator.  You may also send a message here:  https://legislature.idaho.gov/legislators/contactlegislators/
 
Please remember to send us a copy of your message so that we can follow up with the legislators.
 
Senate Bill 1118 requires underinsured motorist coverage to be excess coverage.  This bill was introduced by Senator Peter Riggs and will be receiving a hearing in the Senate Commerce and Human Resources Committee.  Co-Sponsors of the bill are Senators Riggs (R 3) and Kelly Anthon (R 27) and Representatives Rod Furniss (R 35, Jason Monks (R 22), James Ruchti (D 29), and Bruce Skaug (R 12).  Please continue to let the Committee know how important it is to pass S 1118.
 
Here is the link to the bill:
https://legislature.idaho.gov/sessioninfo/2021/legislation/S1118/
 
Senator Guthrie has introduced a competing bill – SB 1129 – which would allow stacking ONLY if you have a policy under $50k.  This alternate bill is horribly discriminatory to those who have more than the minimum coverage.  The industry is acknowledging the problem but their bill is limiting.  
 
Here is the link to the limiting bill:
https://legislature.idaho.gov/sessioninfo/2021/legislation/S1129/
 
The language of the bill:
 
                41-2503. DEFINITIONS AND APPLICATION. (1) For the purposes of uninsured motorist coverage, the term "uninsured motor vehicle" shall, subject to the terms and conditions of such coverage, 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.
                (2) For purposes of underinsured motorist coverage, subject to the further definitions, terms, and conditions of such coverage, the term "underinsured motor vehicle" means a motor vehicle that is a self-insured motor vehicle, or a motor vehicle that is covered by a policy of motor vehicle liability insurance or an indemnity bond, with limits for bodily injury or death at least equal to those limits set forth in section 49-117, Idaho Code.
                (3) With respect to policies issued or renewed on or after July 1, 2021 "underinsured motor vehicle coverage" means excess coverage in addition to the insufficient coverage of the tortfeasor, and such underinsured motor vehicle coverage limits may not be reduced by amounts paid by the tortfeasor's
coverage or any other coverage. The covered insured may not recover from the available underinsured motor vehicle policy or policies an amount greater than the total legal liability of the tortfeasor or the applicable limits of the underinsured coverage, whichever is less. This subsection shall not apply with respect to motor vehicle insurance policies in effect before July 1, 2021 The department of insurance is authorized to promulgate rules to implement and enforce the provisions of this subsection.
                (4) Except as provided in subsections (1) and (2) of this section, the terms and conditions of any policy of motor vehicle liability insurance providing uninsured motorist coverage or underinsured motorist coverage are not altered or amended.