SB 1123 - This act establishes the Uninsured Motorist Stipulation of Benefits Act of 2008. An uninsured motorist involved in an accident with an insured motorist will waive his or her right to recover noneconomic damages. The uninsured motorist's right to recovery would be limited to economic damages. This waiver will not apply if it can be proven that the insured motorist caused the accident and was under the influence of drugs or alcohol or is convicted of vehicular assault or homicide. The act will not apply to a motorist whose insurance policy was terminated for failure to pay the premium unless notice of termination for failure to pay was provided by the insurer at least 30 days prior to the time of the accident. Under this act, passengers in the uninsured motor vehicle are not subject to the waiver (Section 303.390). This act is similar to SB 326 (2007), SB 839 (2006) and SCS/HB 417 (2005).
STEPHEN J. WITTE