safer cars, which reduces the level of safety for
drivers and passengers of motor vehicles;
(4) insurance to indemnify individuals for per-
sonal injuries arising from motor vehicle collisions is
frequently unavailable at a reasonable cost because
of the potential liability for third-party tort claims;
(5) a system that gives consumers the oppor-
tunity to insure themselves and that separates eco-
nomic and noneconomic damages for the purposes of
purchasing insurance would provide significant cost
savings to drivers of motor vehicles;
(6) a system that enables individuals to choose
the form of motor vehicle insurance that best suits
their needs would—
(A) enhance individual freedom;
(B) reduce the cost of motor vehicle insur-
ance; and
(C) increase average compensation in the
event of an accident; and
(7) a system that targets and emphasizes the
scourge of those individuals who drive under the in-
fluence of drugs or alcohol will further deter such
dangerous and unlawful conduct.
SEC. 3. PURPOSE.
The purpose of this Act is to allow consumers of
motor vehicle insurance to choose between—
(1) an insurance system that provides substan-
tially the same remedies as are available under ap-
plicable State law; and
(2) a predominately first-party insurance sys-
tem that provides for—
(A) more comprehensive recovery of eco-
nomic loss in a shorter period of time; and
(B) the right to sue negligent drivers for
any uncompensated economic losses.
SEC. 4. DEFINITIONS.
In this Act:
(1) ACCIDENT.—The term ‘‘accident’’ means an
unforeseen or unplanned event that—
(A) causes loss or injury; and
(B) arises from the operation, mainte-
nance, or use of a motor vehicle.
(2) ADD-ON
LAW.—The term ‘‘add-on law’’
means a State law that provides that persons in-
jured in motor vehicle accidents—
(A) are compensated without regard to
fault for economic loss; and
(B) have the right to claim without any
limitation for noneconomic loss based on fault.
(3) ECONOMIC
LOSS.—The term ‘‘economic
loss’’ means any objectively verifiable pecuniary loss
resulting from injury caused by an accident, includ-
ing—
(A) reasonable and necessary medical and
rehabilitation expenses;
(B) loss of earnings;
(C) burial costs;
(D) replacement services loss;
(E) costs of making reasonable accom-
modations to a personal residence to make the
residence more habitable for an injured individ-
ual; and
(F) loss of employment, loss of employ-
ment opportunities, or loss of business for indi-
viduals, to the extent recovery for such losses is
allowed under applicable State law.
(4) FINANCIAL
RESPONSIBILITY
LAW.—The
term ‘‘financial responsibility law’’ means a law (in-
cluding a law requiring compulsory coverage) penal-
izing motorists for failing to carry defined limits of
tort liability insurance covering motor vehicle acci-
dents.
(5) INJURY.—The term ‘‘injury’’ means bodily
injury, sickness, disease, or death.
(6) INSURER.—The term ‘‘insurer’’ means—
(A) any person who is engaged in the busi-
ness of issuing or delivering motor vehicle in-
surance policies (including where otherwise ap-
propriate an insurance agent); or
(B) any person who is self-insured within
the meaning of applicable State law.
(7) INTENTIONAL MISCONDUCT.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the term ‘‘intentional mis-
conduct’’ means conduct—
(i) with respect to which harm is in-
tentionally caused or attempted to be
caused by a person who acts or fails to act
for the purpose of causing harm, or with
knowledge that harm is substantially cer-
tain to result from that action or failure to
act; and
(ii) that causes or substantially con-
tributes to the harm that is the subject of
a claim.
(B) CLARIFICATION.—For purposes of this
paragraph, a person does not intentionally
cause or attempt to cause harm—
(i) solely because that person acts or
fails to act with the understanding that the
action or failure to act creates a grave risk
of causing harm; or
(ii) if the act or omission by that per-
son causing bodily harm is for the purpose
of averting bodily harm to that person or
another person.
(8) MOTOR VEHICLE.—The term ‘‘motor vehi-
cle’’ means a vehicle of any kind required to be reg-
istered under the provisions of the applicable State
law relating to motor vehicles.
(9) NO-FAULT
MOTOR
VEHICLE
LAW.—The
term ‘‘no-fault motor vehicle law’’ means a State law
that provides that—
(A) persons injured in motor vehicle acci-
dents are paid compensation without regard to
fault for their economic loss that results from
injury; and
(B) in return for the payment referred to
in subparagraph (A), claims based on fault in-
cluding claims for noneconomic loss, are limited
to a defined extent.
(10) NONECONOMIC
LOSS.—The term ‘‘non-
economic loss’’ means such term as defined by State
law.
(11) OCCUPY.—The term ‘‘occupy’’ means, with
respect to the operation, maintenance, or use of a
motor vehicle, to be in or on a motor vehicle or to
be engaged in the immediate act of entering into or
alighting from a motor vehicle before or after its use
for transportation.
(12) OPERATION, MAINTENANCE, OR USE OF A
MOTOR VEHICLE.—
(A) IN GENERAL.—The term ‘‘operation,
maintenance, or use of a motor vehicle’’ means
occupying a motor vehicle.
(B) EXCLUSIONS.—The term ‘‘operation,
maintenance, or use of a motor vehicle’’ does
not include—
(i) conduct within the course of a
business of manufacturing, sale, repairing,
servicing, or otherwise maintaining motor
vehicles, unless the conduct occurs outside
of the scope of the business activity; or
(ii) for private passenger vehicle in-
sured, conduct within the course of loading
or unloading a motor vehicle, unless the
conduct occurs while occupying the motor
vehicle.
(13) PERSON.—The term ‘‘person’’ means any
individual, corporation, company, association, firm,
partnership, society, joint stock company, or any
other entity, including any governmental entity.
(14) PERSONAL PROTECTION INSURANCE.—The
term ‘‘personal protection insurance’’ means insur-
ance that provides for—
(A) benefits to an insured person for eco-
nomic loss without regard to fault for injury re-
sulting from a motor vehicle accident; and
(B) a waiver of tort claims in accordance
with this Act.
(15) 
REPLACEMENT
SERVICES
LOSS.—The
term ‘‘replacement services loss’’ means expenses
reasonably incurred in obtaining ordinary and nec-
essary services from other persons who are not mem-
bers of the injured person’s household, in lieu of the
services the injured person would have performed for
the benefit of the household.
(16) RESIDENT RELATIVE OR DEPENDENT.—
The term ‘‘resident relative or dependent’’ means a
person who—
(A) is related to the owner of a motor vehi-
cle by blood, marriage, adoption, or otherwise
(including a dependent receiving financial serv-
ices or support from such owner); and
(B)(i) resides in the same household as the
owner of the motor vehicle at the time of the
accident; or
(ii) usually makes a home in the same
family unit as that owner, even though that
person may temporarily live elsewhere.
(17) STATE.—The term ‘‘State’’ means any
State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, the Unit-
ed States Virgin Islands, American Samoa, the Com-
monwealth of the Northern Mariana Islands, the
Trust Territories of the Pacific Islands, and any
other territory or possession of the United States.
(18) TORT LIABILITY.—The term ‘‘tort liabil-
ity’’ means the legal obligation to pay damages for
an injury adjudged to have been committed by a
tort-feasor.
(19) TORT LIABILITY INSURANCE.—The term
‘‘tort liability insurance’’ means a contract of insur-
ance under which an insurer agrees to pay, on behalf
of an insured, damages that the insured is obligated
to pay to a third person because of the liability of
the insured to that person.
(20) TORT MAINTENANCE COVERAGE.—
(A) IN GENERAL.—The term ‘‘tort mainte-
nance coverage’’ means insurance coverage
under which a person described in subpara-
graph (B), if involved in an accident with a per-
son covered by personal protection insurance,
retains a right to claim for injury based on
fault for economic and noneconomic losses
under applicable State law, without modifica-
tion by any other provision of this Act.
(B) TORT
MAINTENANCE
INSURED.—A
person described in this subparagraph is a per-
son covered by the form of insurance described
in section 5(a)(2).
(C) RESPONSIBILITY FOR PAYMENT.—The
responsibility for payment for any claim under
subparagraph (A) is assumed by the insurer of
the person with tort maintenance coverage to
the extent of such coverage.
(21) UNCOMPENSATED ECONOMIC LOSS.—
(A) IN GENERAL.—The term ‘‘uncompen-
sated economic loss’’ means economic loss pay-
able based on fault.
(B) ATTORNEYS’ FEES.—The term in-
cludes a reasonable attorney’s fee calculated on
the basis of the value of the attorney’s efforts
as reflected in payment to the attorney’s client.
(C) EXCLUSIONS.—The term does not in-
clude amounts paid or payable under—
(i) personal protection insurance;
(ii) tort maintenance coverage;
(iii) no-fault, uninsured motorist cov-
erage, under insured motorist coverage, or
add-on motor vehicle insurance;
(iv) Federal, State, or private disabil-
ity or sickness programs;
(v) Federal, State, or private health
insurance programs;
(vi) employer wage continuation pro-
grams; or
(vii) workers’ compensation or similar
occupational compensation laws.
(22) UNINSURED MOTORIST.—The term ‘‘unin-
sured motorist’’ means the owner of a motor vehicle,
including the resident relatives or dependents of the
owner, who is uninsured under either the personal
protection system or the tort maintenance system
described in section 5(a)—
(A) at the limits prescribed by the applica-
ble State financial responsibility law; or
(B) an amount prescribed under section
5(b)(1)(A).
SEC. 5. AUTO CHOICE INSURANCE SYSTEM.
(a) OPERATION OF THE RIGHT TO CHOOSE.—Under
this Act, an insurer may offer a choice between the follow-
ing insurance systems:
(1) PERSONAL PROTECTION SYSTEM.—A person
may choose insurance under a system that provides
for personal protection insurance for that person any
employees, permissive user, and any resident relative
or dependent of that person.
(2) TORT
MAINTENANCE
SYSTEM.—A person
may choose insurance under a system that provides
for the form of motor vehicle insurance (including
tort liability, no-fault, add-on, or uninsured motor
vehicle insurance) that is otherwise required in the
State in which the person is insured.
(b) PERSONAL PROTECTION SYSTEM.—
(1) 
MINIMUM
POLICY
REQUIREMENTS.—In
order for a personal protection insurance policy to be
covered by this Act, a motor vehicle insurance policy
issued by an insurer shall, at a minimum—
(A) provide personal protection insurance
coverage—
(i) with no per accident limit; and
(ii) in coverage amounts equal to the
greater of—
(I) the minimum per person lim-
its of liability insurance for personal
injury under the applicable State fi-
nancial responsibility law; or
(II) in a State covered by a no-
fault motor vehicle insurance law, the
minimum level of insurance required
for no-fault benefits;
(B) contain provisions for a waiver of cer-
tain tort rights in accordance with this Act; and
(C) contain provisions under the applicable
State financial responsibility law relating to li-
ability for—
(i) property damage; and
(ii) bodily injury to protect third par-
ties whose rights to recover both economic
and noneconomic loss are not affected by
the immunities provided under this Act for
those persons choosing personal protection
insurance coverage.
(2) SUPERSEDING PROVISION.—This Act super-
sedes a State law to the extent that, with respect to
the issuance of a personal protection insurance pol-
icy, the State law—
(A) would otherwise bar a provision that
provides for the personal protection authoriza-
tions and accompanying immunities set forth in
this Act; or
(B) is otherwise inconsistent with the re-
quirements of this Act.
(3) PRIMACY OF PAYMENT.—
(A) IN GENERAL.—Personal protection in-
surance benefits shall be primary but may be
reduced by an amount equal to any benefits
provided or required to be provided under an
applicable Federal or State law for workers’
compensation or any State-required nonoccupa-
tional disability insurance.
(B) REIMBURSEMENT OF PAYORS.—
(i) IN GENERAL.—Subject to subpara-
graph (A), a personal protection insurer
may take appropriate measures to ensure
that any person otherwise eligible for per-
sonal protection benefits who has been
paid or is being paid for losses payable by
personal protection insurance from a
source other than the applicable personal
protection insurer shall not receive multiple
payment for those losses.
(ii) ACCRUAL OF RIGHTS.—Any right
to payment for losses referred to in clause
(i) from a personal protection insurer ac-
crues only to that payor. Payments by a
payor referred to in clause (i) shall not be
counted against personal protection limits
for personal protection insurance until
such time as the payor is reimbursed
under this subparagraph.
(4) PROMPT AND PERIODIC PAYMENT.—
(A) IN GENERAL.—A personal protection
insurer may pay personal protection benefits
periodically as losses accrue.
(B) LATE
PAYMENT.—Unless the treat-
ment or expenses related to the treatment are
in reasonable dispute, a personal protection in-
surer who does not pay a claim for economic
loss covered by a personal protection insurance
policy issued under this Act within 30 days
after payment is due, shall pay—
(i)(I) the loss compounded at a rate of
24 percent per annum, as liquidated dam-
ages and in lieu of any penalty or exem-
plary damages; and
(II) a reasonable attorney’s fee cal-
culated on the basis of the value of the at-
torney’s efforts as reflected in payment to
the attorney’s client, or
(ii) at the discretion of the State, such
penalties as State law may prescribe.
(C) ADMINISTRATION OF PERSONAL PRO-
TECTION BENEFITS.—To the extent consistent
with this Act, any applicable provision of a
State no-fault motor vehicle law or add-on law
governing the administration of payment of
benefits without reference to fault shall apply to
the payment of benefits under personal protec-
tion insurance under this subsection.
(5) MOTOR
VEHICLES
WITH
FEWER
THAN
LOAD-BEARING WHEELS.—A personal protection in-
surer may offer, but shall not require, personal pro-
tection coverage of any motor vehicle that has fewer
than 4 load-bearing wheels, not including the wheels
of an attachment to the motor vehicle.
(6) AUTHORIZATIONS FOR PERSONAL PROTEC-
TION INSURERS.—A personal protection insurer may
write personal protection coverage—
(A)(i) without any deductible; or
(ii) subject to reasonable deductibles, appli-
cable in an amount not to exceed $1,000 per
person per accident for private passenger vehi-
cle insureds;
(B) with an exclusion of coverage for per-
sons whose losses are caused by driving under
the influence of alcohol or illegal drugs;
(C) at appropriately reduced premium
rates, deductibles and exclusions reasonably re-
lated to health, disability, and accident coverage
on an insured person; and
(D) the deductibles and exclusions de-
scribed in subparagraphs (A) and (C) shall
apply only to—
(i) the person named in the applicable
insurance policy;
(ii) the resident relatives or depend-
ents of the person described in clause (i);
and
(iii) employees and permissive users.
(c) TORT MAINTENANCE SYSTEM.—
(1) 
REQUIRED
TORT
MAINTENANCE
COV-
ERAGE.—The coverage for a person who chooses in-
surance under subsection (a)(2) shall include tort
maintenance coverage at a level that is at least
equivalent to the level of insurance required under
the applicable State financial responsibility law for
bodily injury liability.
(2) ADMINISTRATION OF TORT MAINTENANCE
COVERAGE
BENEFITS.—To the extent consistent
with this Act, any applicable provision of a State law
governing the administration of payment of benefits
under uninsured or underinsured motorist coverage
applies to the payment of benefits under tort main-
tenance coverage under section 5(c).
(d) EFFECT OF CHOICE ON RESIDENT RELATIVES,
EMPLOYEES, PERMISSIVE USERS, AND DEPENDENTS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), a person who chooses either personal pro-
tection insurance or tort maintenance coverage also
binds the resident relatives, employees, and permis-
sive users, and dependents of that person.
(2) EXCEPTION.—An adult resident relative or
a dependent of a person described in paragraph (1)
may select the form of insurance that that person
does not select if the adult relative makes that selec-
tion expressly in writing.
(3) IMPLIED CONSENT.—In any case in which
the resident relative, employees, permissive users, or
dependent is injured in a motor vehicle accident, the
coverage of such person shall be the same as the
person described in paragraph (1).
(4) TERMS
AND
CONDITIONS.—Insurers may
specify reasonable terms and conditions governing
the commencement, duration, and application of the
chosen coverage depending on the number of motor
vehicles and owners thereof in a household.
(e) RULES
TO
ENCOURAGE
UNIFORMITY
OF
CHOICE.—In order to minimize conflict between the 2 op-
tions described in subsection (d), insurers may maintain
and apply underwriting rules that encourage uniformity
within a household.
(f) FAILURE TO ELECT TYPE OF INSURANCE.—
(1) IN GENERAL.—Any person who fails to elect
a type of insurance under this section shall be
deemed to have elected insurance under the tort
maintenance system in effect in that State.
(2) RULE OF CONSTRUCTION.—This subsection
shall not be construed to prevent a State from en-
acting a law that deems a person who fails to elect
a type of insurance under this section to have elect-
ed insurance under the personal protection system.
(g) CONSUMER INFORMATION PROGRAM.—The State
official charged with jurisdiction over insurance rates for
motor vehicles shall establish and maintain a program de-
signed to ensure that consumers are adequately informed
about—
(1) the comparative cost of insurance under the
personal protection system and the tort maintenance
system; and
(2) the benefits, rights, and obligations of in-
surers and insureds under each system.
(h) COMPLIANCE WITH STATE LAW.—Any person
who offers, sells, or solicits the purchase of insurance
under the personal protection system or the tort mainte-
nance system shall comply fully with applicable State li-
censure, qualification, testing, examination, and continu-
ing education requirements.
SEC. 6. SOURCE OF COMPENSATION IN CASES OF ACCIDEN-
TAL INJURY.
(a) ACCIDENTS INVOLVING PERSONS CHOOSING THE
TORT MAINTENANCE SYSTEM.—A person described in
section 5(a)(2) who is involved in an accident with another
person shall be subject to applicable tort law for injury
except that, based on fault, that person—
(1) may claim against any person covered by
personal protection insurance only for uncompen-
sated economic loss; and
(2) may be claimed against by a person covered
by personal protection insurance only for uncompen-
sated economic loss.
(b) ACCIDENTS INVOLVING PERSONS WITH PER-
SONAL PROTECTION INSURANCE.—
(1) RIGHT TO RECOVER ECONOMIC LOSS.—A
person covered by a personal protection insurance
policy who is injured in an accident is compensated
under that policy only for economic loss, without re-
gard to fault.
(2) RIGHT TO SUE FOR UNCOMPENSATED ECO-
NOMIC LOSS BASED ON FAULT.—If a person who
chooses personal protection insurance is—
(A) involved in an accident with a person
insured under either the personal protection
system or tort maintenance system under sec-
tion 5(a); and
(B) sustains uncompensated economic loss,
that person shall have the right to claim against the
other person involved in the accident for that loss
based on fault.
(c) ACCIDENTS INVOLVING PERSONS WITH PER-
SONAL PROTECTION INSURANCE AND PERSONS WHO ARE
UNLAWFULLY UNINSURED.—
(1) IN GENERAL.—A person covered by per-
sonal protection insurance who is involved in an ac-
cident with an uninsured motorist shall—
(A) be compensated under that insured
person’s insurance policy for economic loss
without regard to fault; and
(B) have the right to claim against the un-
insured motorist for economic loss and for non-
economic loss based on fault.
(2) FORFEITURE
OF
RIGHTS.—An uninsured
motorist forfeits the right to claim against a motor-
ist who has chosen personal protection insurance
for—
(A) noneconomic loss; and
(B) economic loss in an amount up to the
amount of per-person bodily injury limits man-
dated by the applicable State financial respon-
sibility law.
(d) ACCIDENTS INVOLVING MOTORISTS UNDER THE
INFLUENCE OF ALCOHOL OR ILLEGAL DRUGS OR ENGAG-
ING IN INTENTIONAL MISCONDUCT.—A person who is in-
sured under personal protection insurance shall have the
right to claim, and be subject to a claim, for—
(1) driving under the influence of alcohol or ille-
gal drugs (as those terms are defined under applica-
ble State law); or
(2) intentional misconduct.
(e) PRIORITY OF BENEFITS.—A person who is in-
sured under the personal protection system or tort mainte-
nance system under section 5(a) may only claim benefits
under such coverage up to the limits selected by or on
behalf of such person in the following priority:
(1) The coverage under which the injured per-
son was an insured at the time of the accident.
(2) The coverage of a motor vehicle involved in
the accident, if the person injured was an occupant
of, or was struck as a pedestrian by, such motor ve-
hicle at the time of the accident, except that such
person shall not recover under the coverage of both
paragraph (1) and this paragraph.
(f) SUBROGATION RIGHTS.—A personal protection
insurer is subrogated, to the extent of the obligations of
that insurer, to all of the rights of the persons insured
with personal protection insurance issued by the insurer
with respect to an accident caused in whole or in part,
as determined by applicable State law, by—
(1) the negligence of an uninsured motorist;
(2) operating a motor vehicle under the influ-
ence of alcohol or illegal drugs;
(3) intentional misconduct; or
(4) any other person who is not affected by the
limitations on tort rights and liabilities under this
Act.
(g) RIGHTS OF LAWFULLY UNINSURED PERSONS.—
Nothing in this Act shall be construed to affect the tort
rights of any person lawfully uninsured under the terms
of an applicable State law for insurance under either the
personal protection system or tort maintenance system
under section 5(a).
(h) RIGHTS OF PERSONS OCCUPYING MOTOR VEHI-
CLES WITH FEWER THAN 4 LOAD-BEARING WHEELS.—
Nothing in this Act shall be construed to affect the tort
rights of a person who occupies a motor vehicle with fewer
than 4 load-bearing wheels or an attachment thereto, un-
less an applicable contract for personal protection insur-
ance under which that person is insured specifies other-
wise. The preceding sentence applies without regard to
whether the person is otherwise legally insured for per-
sonal protection insurance or tort maintenance coverage.
(i) RENEWAL OR CANCELLATION.—An insurer shall
not cancel, fail to renew, or increase the premium of a
person insured by the insurer solely because that insured
person or any other injured person made a claim—
(1) for personal protection insurance benefits;
or
(2) if there is no basis for ascribing fault to the
insured or one for whom the insured is vicariously
liable, for tort maintenance coverage.
Such an insurer shall also not cancel an insurance policy,
fail to renew it, or increase its premium if applicable State
law prohibits such action.
(j) IMMUNITY.—Unless an insurer or an insurance
agent willfully and intentionally misrepresents the avail-
able choices or willfully and with intent to defraud induces
the election of one motor vehicle insurance system de-
scribed in paragraph (1) over the other and such misrepre-
sentation or inducement is the proximate cause of the cus-
tomer’s election or failure to elect, no insurer, insurance
agent or broker, insurance producer representing a motor
vehicle insurer or insured, automobile residual market
plan, insurance consultant or other person licensed by the
State to solicit or advise regarding the purchase of insur-
ance, attorney licensed to practice law within a State, or
any employee of the foregoing, shall be liable in an action
for damages on account of—
(1) an election of—
(A) the tort maintenance system under
section 5(a); or
(B) the personal protection system under
section 5(a); or
(2) a failure to make a required election.
SEC. 7. RULES OF CONSTRUCTION.
Nothing in this Act shall be construed—
(1) to waive or affect any defense of sovereign
immunity asserted by any State under any law or by
the United States;
(2) to affect the awarding of punitive damages
under any State law;
(3) to preempt State choice-of-law rules with re-
spect to claims brought by a foreign nation or a citi-
zen of a foreign nation;
(4) to affect the right of any court to transfer
venue, to apply the law of a foreign nation, or to dis-
miss a claim of a foreign nation or of a citizen of
a foreign nation on the ground of inconvenient
forum;
(5) subject to paragraph (1), to create or vest
jurisdiction in the district courts of the United
States over any motor vehicle accident liability or
damages action subject to this Act which is not oth-
erwise properly in the United States District Court;
protection insurance and tort liability insurance in
the State; or
(15) to create any additional claims not cur-
rently in State law to allow a business which has an
employee injured in a vehicle of the business to
bring an action against the auto insurer of the busi-
ness for recovery of business or economic or non-
economic losses because of the injury to the em-
ployee.
SEC. 8. APPLICABILITY TO STATES; CHOICE OF LAW; AND
JURISDICTION.
(a) ELECTION OF NONAPPLICABILITY BY STATES.—
This Act shall not apply with respect to a State if such
State enacts a statute that—
(1) cites the authority of this subsection;
(2) declares the election of such State that this
Act shall not apply; and
(3) contains no other provision.
(b) NONAPPLICABILITY BASED
ON STATE FIND-
ING.—
(1) IN
GENERAL.—This Act shall not apply
with respect to a State, if—
(A) the State official charged with jurisdic-
tion over insurance rates for motor vehicles
makes a finding that the statewide average
motor vehicle premiums for bodily injury insur-
ance in effect immediately before the effective
date of this Act will not be reduced by an aver-
age of at least 30 percent for persons choosing
personal protection insurance (without including
in the calculation for personal protection
insureds any cost for uninsured, underinsured,
or medical payments coverages);
(B) a finding described under subpara-
graph (A) is supported by evidence adduced in
a public hearing and reviewable under the appli-
cable State administrative procedure law; and
(C) a finding described under subpara-
graph (A) and any review of such finding under
subparagraph (B) occurs not later than 90 days
after the date of enactment of this Act.
(2) COMPARISON
OF
BODILY
INJURY
PRE-
MIUMS.—For purposes of making a comparison
under paragraph (1)(A) of premiums for personal
protection insurance with preexisting premiums for
bodily injury insurance (in effect immediately before
the date of enactment of this Act), the preexisting
bodily injury insurance premiums shall include pre-
miums for—
(A) bodily injury liability, uninsured and
underinsured motorists’ liability, and medical
payments coverage; and
(B) if applicable, no-fault benefits under a
no-fault motor vehicle law or add-on law.
(c) CHOICE OF LAW.—In disputes between citizens
of States that elect nonapplicability under subsection (a)
and citizens of States that do not make such an election,
ordinary choice of law principles shall apply.
(d) JURISDICTION.—This Act shall not confer juris-
diction on the district courts of the United States under
section 1331 or 1337 of title 28, United States Code.
(e) STATUTES OF LIMITATIONS.—Nothing in this Act
shall supersede an applicable State law that imposes a
statute of limitations for claims covered under this Act,
except that such statute shall be tolled during the period
wherein any personal protection or tort maintenance bene-
fits are paid.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect 90 days after the date of
enactment of this Act.
Æ