Revision: Jan. 12, 2009, midnight
HB 199 – AS INTRODUCED
2009 SESSION
09/01
HOUSE BILL 199
AN ACT requiring motor vehicle insurers to pay benefits to insured persons under their underinsured or uninsured motorist insurance coverage in cases of bodily injury or death caused by uninsured or underinsured negligent motorists, except under certain circumstances.
SPONSORS: Rep. Nixon, Hills 17
This bill requires motor vehicle insurers to pay benefits to insured persons under their underinsured or uninsured motorist insurance coverage in cases of bodily injury or death caused by uninsured or underinsured negligent motorists, except under certain circumstances.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0384
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT requiring motor vehicle insurers to pay benefits to insured persons under their underinsured or uninsured motorist insurance coverage in cases of bodily injury or death caused by uninsured or underinsured negligent motorists, except under certain circumstances.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Uninsured or Hit-and-Run Motor Vehicle Coverage; Uninsured or Underinsured Negligent Motorists. Amend RSA 264:15 by inserting after paragraph V the following new paragraph:
VI. An insurer shall pay benefits to a person insured by the insurer under such person’s underinsured or uninsured motorist insurance coverage in cases of bodily injury or death caused by an uninsured or underinsured negligent motorist, unless the insurer proves in court by a preponderance of the evidence that:
(a) The insured negligently failed to obtain the insurer’s advance written consent to a settlement with the negligent driver’s insurance company for the full liability policy limits applicable; and
(b) Such failure has resulted in prejudice to the insurer.
2 Effective Date. This act shall take effect January 1, 2010.