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Assembly Bill A6010

2011-2012 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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2011-A6010 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd ยง3411, Ins L
Versions Introduced in 2009-2010 Legislative Session:
A6570

2011-A6010 (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.

2011-A6010 (ACTIVE) - Bill Text download pdf 

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

                                  6010

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced by M. of A. BURLING, REILICH, FINCH, KOLB, McKEVITT, MONTESA-
  NO  --  Multi-Sponsored  by -- M. of A. JOHNS, 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.
                                                           LBD03168-01-1

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