S T A T E O F N E W Y O R K
________________________________________________________________________
8623
2011-2012 Regular Sessions
I N A S S E M B L Y
September 21, 2011
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to rental vehicle
reimbursement coverage
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2610-a of the insurance law, as added by chapter
322 of the laws of 2010, is amended to read as follows:
S 2610-a. Rental vehicle reimbursement coverage. (a) For the purposes
of this section, "rental vehicle reimbursement coverage" shall mean
coverage for the cost of renting a vehicle used as substitute transpor-
tation if the insured vehicle is damaged and is temporarily out of use
due to a covered loss, until such vehicle is repaired or is declared a
total loss.
(b) Whenever a motor vehicle collision or comprehensive loss shall
have been suffered by an insured, no insurer providing rental vehicle
reimbursement coverage shall require that the insured utilize a partic-
ular rental vehicle company, rental vehicle company location or a
particular concern.
(c) WHENEVER A MOTOR VEHICLE COLLISION OR COMPREHENSIVE LOSS SHALL
HAVE BEEN SUFFERED BY AN INSURED WHO HAS PURCHASED RENTAL VEHICLE
REIMBURSEMENT COVERAGE, SUCH INSURED SHALL BE ENTITLED TO THE USE OF A
RENTAL VEHICLE WHICH IS SIMILAR IN SIZE AND WHICH PROVIDES THE SAME
SEATING CAPACITY AS THE VEHICLE FOR WHICH THE CLAIM WAS FILED AT NO
ADDITIONAL OR INCREASED COST OR CHARGE.
(D) In processing any such claim, the insurer shall disclose to the
insured that the insured has the right, as granted by this section, to
utilize any rental vehicle company, rental vehicle company location or a
particular concern AND TO RECEIVE A VEHICLE WHICH IS OF THE SAME APPROX-
IMATE SIZE AS THE INSURED VEHICLE FOR WHICH THE CLAIM WAS FILED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13356-01-1
A. 8623 2
[(d)] (E) An insurer writing automobile insurance which includes
rental vehicle reimbursement coverage shall inform the consumer of his
or her [right] RIGHTS, as granted by this section, to choose a rental
vehicle company to utilize in the event that he or she utilizes such
coverage AND TO RECEIVE A VEHICLE WHICH IS OF THE SAME APPROXIMATE SIZE
AND EQUAL SEATING CAPACITY AS THE INSURED VEHICLE FOR WHICH THE CLAIM
WAS FILED. The insurer shall provide the disclosure required under this
section to any insured on new and renewal policies. Such disclosure
shall be provided in a separate written document, which need not be
provided in a separate mailing as another document as long as it is
provided on a separate piece of paper, except that for new business it
may be provided either in writing or in the same medium as the applica-
tion for insurance.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.