Assembly Bill A9514

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

                                  9514

                          I N  A S S E M B L Y

                               May 6, 2014
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Insurance

AN ACT to amend the insurance law, in relation to automotive glass work

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

  Section 1. Subsection (b) of section 2610  of  the  insurance  law  is
amended to read as follows:
  (b) In processing any such claim [(other than a claim solely involving
window glass)], the insurer shall not, unless expressly requested by the
insured,  recommend  or  suggest  repairs  be  made to such vehicle in a
particular place or shop or by a particular concern.
  S 2. Section 2610 of the insurance law is amended by  adding  two  new
subsections (c) and (d) to read as follows:
  (C)  NO  INSURANCE COMPANY DOING BUSINESS IN THIS STATE OR THIRD-PARTY
CLAIMS ADMINISTRATOR, AGENT OR ADJUSTER FOR SUCH COMPANY SHALL:
  (1) REQUIRE ANY INSURED TO USE A SPECIFIC PERSON FOR THE PROVISION  OF
AUTOMOTIVE GLASS WORK; OR
  (2) STATE THAT CHOOSING A FACILITY OTHER THAN A GLASS SHOP PARTICIPAT-
ING IN AN AUTOMOTIVE GLASS WORK PROGRAM ESTABLISHED BY SUCH COMPANY WILL
RESULT  IN  DELAYS  IN  OR  A LACK OF GUARANTEE FOR THE AUTOMOTIVE GLASS
WORK.
  (D) (1) IF THERE IS ANY COMMUNICATION BETWEEN A GLASS CLAIMS REPRESEN-
TATIVE FOR AN INSURANCE COMPANY  DOING  BUSINESS  IN  THIS  STATE  OR  A
THIRD-PARTY CLAIMS ADMINISTRATOR FOR SUCH COMPANY AND AN INSURED REGARD-
ING  AUTOMOTIVE  GLASS WORK OR AUTOMOBILE GLASS PRODUCTS, IN THE INITIAL
CONTACT WITH THE INSURED, SUCH REPRESENTATIVE  OR  CLAIMS  ADMINISTRATOR
SHALL STATE OR DISCLOSE TO THE INSURED A STATEMENT SUBSTANTIALLY SIMILAR
TO  THE  FOLLOWING:  "YOU HAVE THE RIGHT TO CHOOSE A LICENSED GLASS SHOP
WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED. IF YOU  HAVE  A
PREFERENCE, PLEASE LET US KNOW".
  (2)  NO  GLASS  CLAIMS  REPRESENTATIVE  FOR AN INSURANCE COMPANY DOING
BUSINESS IN THIS STATE OR A THIRD-PARTY CLAIMS  ADMINISTRATOR  FOR  SUCH
COMPANY  SHALL PROVIDE AN INSURED WITH THE NAME OF, SCHEDULE AN APPOINT-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14030-01-4
              

A. 9514                             2

MENT FOR AN INSURED WITH OR DIRECT AN INSURED TO, A LICENSED GLASS  SHOP
THAT IS OWNED BY:
  (A) SUCH COMPANY; OR
  (B) SUCH CLAIMS ADMINISTRATOR; OR
  (C) THE SAME PARENT COMPANY AS SUCH INSURANCE COMPANY OR CLAIMS ADMIN-
ISTRATOR,  UNLESS  SUCH  REPRESENTATIVE OR CLAIMS ADMINISTRATOR PROVIDES
THE INSURED WITH THE NAME OF AT LEAST ONE ADDITIONAL LICENSED GLASS SHOP
IN THE AREA WHERE THE AUTOMOTIVE GLASS WORK IS TO BE PERFORMED.
  S 3. This act shall take effect immediately.