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