40-1112a. Discount for motor vehicle insurance, when; conditions.

40-1112a

Chapter 40.--INSURANCE
Article 11.--GENERAL PROVISIONS RELATIVE TO CASUALTY, SURETY AND FIDELITY COMPANIES

      40-1112a.   Discount for motor vehicle insurance, when; conditions.(a) Any rates, rating schedules, or rating manuals for theliability, personal injury protection, and collision coverages of a motorvehicle insurance policy submitted to or filed with the insurance commissionershall provide for an appropriate reduction in premium charges as to suchcoverages for a three-year period afterthe principal operator of the covered vehiclesuccessfully completes a motorvehicle accident prevention course approved by the national safety council or agovernmental agency such as the state board of education.The rates, rating schedule or rating manuals required by subsection (a) shallbe submitted to or filed with the commissioner of insurance at the time of thenext regular filing with the commissioner after the effective date of this act.Any discount used by an insurer shall be presumedappropriate unless credible data demonstrates otherwise. Only one discountshall be allowed for each qualified person.

      (b)   The premium reduction required by this section shall be effective for aninsured for a three-year period after successfulcompletion of the approvedcourse, except that the insurer may require, as a condition of providing andmaintaining the discount, that the insured for athree-year period after coursecompletion not be involved in an accident for which the insured is at fault,nor be convicted of more than one moving violation.

      (c)   Upon successfully completing the approved course, each person shall beissued a certificate by the organization offering the course which shall beused to qualify for the premium discount required by this section.

      (d)   This section shall not apply in the event the approved course isspecified by an administrative order of the director of vehicles or by a courtorder as a result of a moving traffic violation.

      (e)   Each participant shall take an approved course everythree years tocontinue to be eligible for the reduction in premiums.

      History:   L. 1992, ch. 310, § 1;L. 1999, ch. 17, § 1; July 1.