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Assembly Bill A6570

2009-2010 Legislative Session

Requires that no insurer or motor vehicle repair facility recommend or require the use of Non-OEM crash parts

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Archive: Last Bill Status - In Assembly Committee

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2009-A6570 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd ยง3411, Ins L
Versions Introduced in 2011-2012 Legislative Session:
A6010

2009-A6570 (ACTIVE) - Summary

Requires that no insurer or motor vehicle repair facility recommend or require the use of Non-OEM crash parts unless such part shall equal or exceed the comparable OEM crash part in terms of fit, form, quality and performance; imposes liability upon those insurers or motor vehicle repair facilities which do recommend or require the use of such Non-OEM crash parts; defines certain terms; requires the commissioner of motor vehicles and the superintendent of insurance promulgate necessary rules and regulations.

2009-A6570 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6570

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2009
                               ___________

Introduced  by M. of A. BURLING, REILICH, FINCH, ERRIGO, KOLB, McKEVITT,
  WALKER -- Multi-Sponsored by -- M. of A. McDONOUGH, OAKS -- read  once
  and referred to the Committee on Insurance

AN  ACT  to  amend  the  insurance law, in relation to requiring that no
  insurer or motor vehicle repair facility recommend or require the  use
  of Non-OEM crash parts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3411 of the insurance law is amended  by  adding  a
new subsection (o) to read as follows:
  (O)(1)  NO INSURER OR MOTOR VEHICLE REPAIR FACILITY SHALL RECOMMEND OR
REQUIRE THE USE OF NON-OEM CRASH PARTS UNLESS SUCH PART SHALL  EQUAL  OR
EXCEED  THE  COMPARABLE  OEM  CRASH  PART IN TERMS OF FIT, FORM, FINISH,
QUALITY AND PERFORMANCE.
  (2) AN INSURER OR MOTOR VEHICLE REPAIR FACILITY  WHICH  RECOMMENDS  OR
REQUIRES THE USE OF NON-OEM CRASH PARTS SHALL BE LIABLE IF ANY SUCH PART
FAILS  TO EQUAL OR EXCEED THE COMPARABLE OEM CRASH PART IN TERMS OF FIT,
FORM, FINISH, QUALITY AND PERFORMANCE, INCLUDING  REPLACEMENT  COST  AND
DAMAGES FOR INJURY TO PROPERTY OR PERSON PROVIDED THAT THE INSURER SHALL
BE  EXCUSED FROM LIABILITY IF THE DAMAGES ARE CAUSED BY THE GROSS NEGLI-
GENCE OF THE MOTOR VEHICLE REPAIR FACILITY.
  (3) A MOTOR  VEHICLE  REPAIR  FACILITY  THAT  NEITHER  RECOMMENDS  NOR
REQUIRES THE USE OF NON-OEM CRASH PARTS AND INSTALLS SUCH PARTS SHALL BE
LIABLE  ONLY  FOR  SUCH  DAMAGES THAT ARE CAUSED BY THE FACILITY'S GROSS
NEGLIGENCE.
  (4) FOR THE PURPOSES OF THIS SUBSECTION, TO "RECOMMEND"  OR  "REQUIRE"
SHALL  MEAN  (A)  ALLOWING  COMPENSATION  UNDER AN INSURANCE POLICY THAT
EQUALS THE RETAIL PRICE OF AN AFTERMARKET CRASH PART OR  (B)  LISTING  A
GENERIC CRASH PART IN AN ITEMIZED SETTLEMENT OFFER OR ESTIMATE.
  (5)  "NON-OEM  CRASH PARTS" ARE PARTS OTHER THAN ORIGINAL MANUFACTURER
EQUIPMENT PARTS (OEM).

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06275-01-9

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