1. (1) The coverage described in section 10-4-620 may be subject to conditions and exclusions that are not inconsistent with the requirements of this part 6.

2. (2) The coverage described in section 10-4-620 may also be subject to exclusions where the injured person:

   1. (a) Sustains injury caused by his or her own intentional act; or
   2. (b) Is operating a motor vehicle as a converter without a good faith belief that he or she is legally entitled to operate or use such vehicle.

3. (3)

   1. (a) The coverage described in section 10-4-620 is conditioned upon the insurer offering coverages pursuant to section 10-4-609 (1).

   2. (b) The insurer shall be deemed to have complied with the requirements of section 10-4-609 (1) and the exclusion of the insured from uninsured motorist coverage shall be deemed valid if the named insured has rejected the uninsured motorist coverage in writing. Such exclusion shall be continuing until such time as the insured requests that the insurer provide uninsured motorist coverage. The insurer shall not have a duty to offer uninsured motorist coverage after receiving the insured's written request for exclusion even though:

      1. (I) The vehicles insured under the policy have changed; or
      2. (II) The policy is reinstated, transferred, substituted, amended, altered, modified, replaced, or renewed.

   3. (c) The insurer shall be deemed to have complied with section 10-4-609 (1) and the insured's uninsured motorist coverage shall be deemed valid if the insurer has offered coverage at available levels and the insured has selected coverage of a certain value. The insurer shall not have a duty to offer changes in uninsured motorist coverage to the insured even though:

      1. (I) The vehicles covered under the policy have changed; or
      2. (II) The policy is reinstated, transferred, substituted, amended, altered, modified, replaced, or renewed; except that, if there is an increase in bodily injury liability limits and the limits of the uninsured motorist coverage would be less than such limits, the insurer shall offer new uninsured motorist coverage to the insured pursuant to section 10-4-609 (2).

Source: L. 2003: Entire section added, p. 1562, § 3, effective July 1.

Editor's note: This section was originally numbered as § 10-4-620 in House Bill 03-1188 but has been renumbered on revision for ease of location.