SB 453-1_ Filed 02/02/2004, 14:01 Clark

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 453 be amended to read as follows:

SOURCE: Page 9, line 34; (04)MO045301.9. -->     Page 9, line 34, delete "or" and insert " ,".
    Page 9, line 35, after "chapter," insert " or provides first party or third party coverage".
    Page 9, line 42, after "limits, the" insert " amount payable on the covered".
    Page 10, line 1, after "recovery." insert " The liability of a person insured under an insurance policy of an insolvent insurer that includes an amount payable on a covered claim under this chapter shall be reduced by the same amount by which the association's amount payable on a covered claim is reduced under this section.".
    Page 10, delete lines 2 through 18, begin a new paragraph and insert:
    " (c) Notwithstanding subsection (b), a claim under an insurance policy that provides liability coverage to a person who may be:
        (1) jointly and severally liable; or
        (2) a joint tortfeasor;
with the person covered under a policy of an insolvent insurer is considered to be a claim arising from the same facts, injury, or loss that gave rise to the covered claim against the association and a person is not required to exhaust any right under the policy of an
insolvent insurer.
".
    (Reference is to SB 453 as printed January 30, 2004.)

________________________________________

Senator CLARK


MO045301/DI 75
2004