Pennsylvania Act 1985-97 — DOWNHILL SKI AREA INSURANCE

Act text

DOWNHILL SKI AREA INSURANCE
                  Act of Dec. 19, 1985, P.L. 343, No. 97              Cl. 40
                                  AN ACT

     Providing for the insurability of downhill ski area operators
        for punitive damages for unintentional tortious conduct.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Punitive damages for downhill skiing accidents.
        (a)  Legislative statement.--The General Assembly finds that
     the sport of downhill skiing is practiced by a large number of
     citizens of this Commonwealth and also attracts to this
     Commonwealth large numbers of nonresidents significantly
     contributing to the economy of this Commonwealth. It is
     recognized that, as in some other sports, there are inherent
     risks in the sport of downhill skiing. The law of this
     Commonwealth being unclear with regard to the insurability
     against punitive damages, the operators of downhill skiing areas
     face uncertainty in securing insurance to indemnify against
     downhill skiing accidents.
        (b)  Insurability.--It is not against the public policy of
     this Commonwealth for an insurance company to insure the
     operator of a downhill skiing area against punitive damages,
     other than those punitive damages arising from an intentional
     tort committed by such operator.
        (c)  Other cases.--Nothing herein contained shall be
     construed to change or amend the public policy of this
     Commonwealth with respect to the insurability against punitive
     damages in cases arising other than from downhill skiing.
     Section 2.  Applicability.
        This act shall apply to all contracts of insurance entered
     into, reissued or reaffirmed after the effective date of this
     act.
     Section 3.  Effective date.
        This act shall take effect immediately.