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ASSEMBLY BILL 3984 (CONNELLY-1984)

CHAPTER 1493, STATUTES OF 1984 - AB 3984

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As enacted Assembly Bill 3984 was a single-section bill that only amended Insurance Code section 11580.2.  (See Exhibit #1d)  Assembly member Lloyd Connelly introduced the bill on February 17, 1984 at the request of the California Trial Lawyers Association.  (See Exhibits #1a and #7) 

 

Assembly Bill 3984 was heard in the Assembly Committee on Finance and Insurance and the Senate Committee on Insurance, Claims, and Corporations.  (See Exhibits #3 and #7)  The bill was amended twice during the legislative process, once in each House.  (See Exhibits #1b, #1c, and #2) Assembly Bill 3984 was approved by the Legislature on September 14, 1984, signed by Governor George Deukmejian on September 26, 1984, and chaptered by the Secretary of State on September 27, 1984 as Chapter 1493 of the Statutes of 1984.  (See Exhibits #1d and #2)

 

As last amended on August 28, 1984, Assembly Bill 3984 was described in the Third Reading Analysis prepared by the Senate Democratic Caucus as follows:

 

This bill defines an “underinsured motor vehicle” as a vehicle that is insured in an amount that is less than the bodily injury liability limits carried on the vehicle of the injured person.

 

NOTE:  The floor amendments of 8/28/84 do the following:

 

Delete the definition of “underinsured motor vehicle” given in analysis above and instead define it as a motor vehicle that is an insured motor vehicle but insured for an amount that is less than the uninsured motorist limits carried on the motor vehicle of the injured person.

 

Require that an insurer offer underinsured motorist insurance in the policy limits of uninsured motorist coverage, and may be offered with limits in excess of such uninsured motorist coverage.  Recovery would be possible only where both (1) bodily injury occurs and (2) the limits of bodily injury policies on all motor vehicles causing injury have been exhausted.

(See Exhibit #9, page 1)