(a) General rule.--An insurer shall make available for purchase first party benefits as follows:
(1) For medical benefits, up to at least $100,000.
(1.1) For extraordinary medical benefits, from $100,000 to $1,100,000, which may be offered in increments of $100,000, as limited by subsection (d).
(2) For income loss benefits, up to at least $2,500 per month up to a maximum benefit of at least $50,000.
(3) For accidental death benefits, up to at least $25,000.
(4) For funeral benefits, $2,500.
(5) For combination of benefits enumerated in paragraphs (1), (2), (3) and (4) and subject to a limit on the accidental death benefit of up to $25,000 and a limit on the funeral benefit of $2,500, up to at least $177,500 of benefits in the aggregate or benefits payable up to three years from the date of the accident, whichever occurs first, provided that nothing contained in this subsection shall be construed to limit, reduce, modify or change the provisions of subsection (d).
(b) Higher or lower limits and additional benefits.--Insurers may make available higher or lower limits or benefits in addition to those enumerated in subsection (a).
(c) Restriction on providing first party benefits.--An insurer shall not issue or deliver a policy providing first party benefits in accordance with this subchapter unless the policy also contains coverage for liability in amounts at least equal to the limits required for financial responsibility.
(d) Limitations.--The maximum medical benefit which shall be paid on behalf of any one eligible claimant under subsection (a)(1.1) shall be $50,000 per year and $1,000,000 lifetime aggregate of reasonable and necessary expenses only for medical treatment and rehabilitative services which, as described in section 1712(1) (relating to availability of benefits), exceed $100,000. During the first 18 months of eligibility, the insurer shall approve payments on behalf of a claimant without regard to the $50,000 per year limit but subject to the $1,000,000 lifetime aggregate.
(e) Other extraordinary medical benefits.--Notwithstanding the requirement of subsection (a)(1.1), an insured may obtain the extraordinary medical benefits described in that subsection through any insurance contract, program or group arrangement.
(f) Determining adverse experience of an agent.--For purposes of determining adverse experience of an agent, experience generated from extraordinary medical benefit coverage described in subsection (a)(1.1) shall be excluded.
(g) Voluntary pooling.--Notwithstanding any other provisions of this act or the act of June 11, 1947 (P.L.538, No.246), known as The Casualty and Surety Rate Regulatory Act, two or more insurers may enter into an arrangement or agreement to provide for the availability of an extraordinary medical benefit pursuant to the provisions of this chapter. All such arrangements or agreements entered into by an insurer shall be subject to the prior approval of the Insurance Commissioner.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Apr. 26, 1989, P.L.13, No.4, eff. June 1, 1989; Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)
1990 Amendment. Act 6 amended subsec. (a).
Cross References. Section 1715 is referred to in sections 1719, 1720, 1723, 1787, 1791, 1798.1, 1798.3 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 17 - Financial Responsibility
Section 1701 - Short title of chapter
Section 1703 - Application of chapter
Section 1704 - Administration of chapter
Section 1705 - Election of tort options
Section 1711 - Required benefits
Section 1712 - Availability of benefits
Section 1713 - Source of benefits
Section 1714 - Ineligible claimants
Section 1715 - Availability of adequate limits
Section 1716 - Payment of benefits
Section 1717 - Stacking of benefits
Section 1718 - Exclusion from benefits
Section 1719 - Coordination of benefits
Section 1721 - Statute of limitations
Section 1722 - Preclusion of recovering required benefits
Section 1723 - Reporting requirements
Section 1724 - Certain nonexcludable conditions
Section 1725 - Rental vehicles
Section 1731 - Availability, scope and amount of coverage
Section 1732 - Limits of coverage (Repealed)
Section 1733 - Priority of recovery
Section 1734 - Request for lower limits of coverage
Section 1735 - Coverages unaffected by workers' compensation benefits (Repealed)
Section 1736 - Coverages in excess of required amounts
Section 1738 - Stacking of uninsured and underinsured benefits and option to waive
Section 1744 - Termination of policies
Section 1752 - Eligible claimants
Section 1753 - Benefits available
Section 1754 - Additional coverage
Section 1755 - Coordination of benefits
Section 1757 - Statute of limitations
Section 1771 - Court reports on nonpayment of judgments
Section 1772 - Suspension for nonpayment of judgments
Section 1773 - Continuation of suspension until judgments paid and proof given
Section 1774 - Payments sufficient to satisfy judgments
Section 1775 - Installment payment of judgments
Section 1781 - Notice of sanction for not evidencing financial responsibility
Section 1782 - Manner of providing proof of financial responsibility
Section 1784 - Proof of financial responsibility following violation
Section 1785 - Proof of financial responsibility following accident
Section 1786 - Required financial responsibility
Section 1788 - Neighborhood electric vehicles
Section 1791 - Notice of available benefits and limits
Section 1791.1 - Disclosure of premium charges and tort options
Section 1791.2 - Motorcycle marshals
Section 1793 - Special provisions relating to premiums
Section 1794 - Compulsory judicial arbitration jurisdiction
Section 1795 - Insurance fraud reporting immunity
Section 1796 - Mental or physical examination of person
Section 1797 - Customary charges for treatment
Section 1798 - Attorney fees and costs
Section 1798.1 - Extraordinary medical benefit rate
Section 1798.3 - Unfunded liability report
Section 1798.4 - Catastrophic Loss Benefits Continuation Fund
Section 1799 - Restraint system
Section 1799.1 - Antitheft devices
Section 1799.2 - Driver improvement course discounts
Section 1799.4 - Examination of vehicle repairs
Section 1799.5 - Conduct of market study