2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 17 - Financial Responsibility
1791.1 - Disclosure of premium charges and tort options.

     § 1791.1.  Disclosure of premium charges and tort options.
        (a)  Invoice.--At the time of application for original
     coverage and every renewal thereafter, an insurer must provide
     to an insured an itemized invoice listing the minimum motor
     vehicle insurance coverage levels mandated by the Commonwealth
     and the premium charge for the insured to purchase the minimum
     mandated coverages. The invoice must contain the following
     notice in print of no less than ten-point type:
            The laws of the Commonwealth of Pennsylvania, as enacted
            by the General Assembly, only require that you purchase
            liability and first-party medical benefit coverages. Any
            additional coverages or coverages in excess of the limits
            required by law are provided only at your request as
            enhancements to basic coverages.
     The insurer shall provide the itemized invoice to the insured in
     conjunction with the declaration of coverage limits and premiums
     for the insured's existing coverages.
        (b)  Notice of tort options.--In addition to the invoice
     required under subsection (a), an insurer must, at the time of
     application for original coverage for private passenger motor
     vehicle insurance and every renewal thereafter, provide to an
     insured the following notice of the availability of two
     alternatives of full tort insurance and limited tort insurance
     described in section 1705(c) and (d) (relating to election of
     tort options):
            The laws of the Commonwealth of Pennsylvania give you the
            right to choose either of the following two tort options:
                A.  "Limited Tort" Option--This form of insurance
                limits your right and the rights of members of your
                household to seek financial compensation for injuries
                caused by other drivers. Under this form of
                insurance, you and other household members covered
                under this policy may seek recovery for all medical
                and other out-of-pocket expenses, but not for pain
                and suffering or other nonmonetary damages unless the
                injuries suffered fall within the definition of
                "serious injury," as set forth in the policy, or
                unless one of several other exceptions noted in the
                policy applies.
                B.  "Full Tort" Option--This form of insurance allows
                you to maintain an unrestricted right for yourself
                and other members of your household to seek financial
                compensation for injuries caused by other drivers.
                Under this form of insurance, you and other household
                members covered under this policy may seek recovery
                for all medical and other out-of-pocket expenses and
                may also seek financial compensation for pain and
                suffering or other nonmonetary damages as a result of
                injuries caused by other drivers.
            If you wish to change the tort option that currently
            applies to your policy, you must notify your agent,
            broker or company and request and complete the
            appropriate form.
        (c)  Notice of premium discounts.--Except where the
     commissioner has determined that an insurer may omit a discount
     because the discount is duplicative of other discounts or is
     specifically reflected in the insurer's experience, at the time
     of application for original coverage and every renewal
     thereafter, an insurer must provide to an insured a notice
     stating that discounts are available for drivers who meet the
     requirements of sections 1799 (relating to restraint system),
     1799.1 (relating to antitheft devices) and 1799.2 (relating to
     driver improvement course discounts).
        (d)  Additional information.--Upon an oral or written
     request, an insurer subject to this chapter shall provide to the
     requestor information on the requestor's cost to purchase from
     the insurer the minimum requested automobile insurance coverages
     under either of the two tort options described in subsection
     (b). These requirements shall include the request for and
     provision of information by telephone.
     (Feb. 7, 1990, P.L.11, No.6, eff. imd.)

        1990 Amendment.  Act 6 added section 1791.1. Section 32 of
     Act 6 provided that section 1791.1 shall apply to all policies
     issued or renewed on and after July 1, 1990.

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