|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 23, 2014||referred to insurance|
|Jun 20, 2014||delivered to assembly|
ordered to third reading cal.1689
committee discharged and committed to rules
|Jan 08, 2014||referred to insurance|
|Jan 09, 2013||referred to insurance|
senate Bill S338
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S338 - Details
S338 - Summary
Prohibits insurers from limiting payment on claims for damage to motor vehicles based on pricing caps for labor, parts, paint or repair materials; prohibits insurers from recommending a particular repair facility; and requires insurers to provide and retain a signed notice to claimants in relation to insured's right to have a vehicle repaired in the shop of his/her choice.
S338 - Sponsor Memo
BILL NUMBER:S338 TITLE OF BILL: An act to amend the insurance law, in relation to collision or comprehensive coverage on motor vehicles PURPOSE: The bill would protect the rights of insured motorists to have their vehicles repaired at the shop of their choice. It does this by requiring insurance companies to inform the insured of their rights under the law. It also prohibits insurers from refusing to pay on claims, based on any system of price caps or ceilings developed by the insurer. SUMMARY OF PROVISIONS: Amends Section 2610 of the Insurance Law to prohibit insurers from establishing price caps for labor, parts, paint or repair materials; requires that all elements of a claim shall be negotiated with the insured or his/her designated representative by a duly licensed appraiser; requires insurers to restore a damaged vehicle to pre-accident condition; requires insurers to maintain in its files a statement signed by the claimant showing that the claimant is aware
S338 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 338 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance AN ACT to amend the insurance law, in relation to collision or compre- hensive coverage on motor vehicles THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2610 of the insurance law is amended by adding a new subsection (c) to read as follows: (C)(1) NO INSURER IN PROCESSING ANY SUCH CLAIM, SHALL LIMIT THE PAYMENT OF SUCH CLAIM FOR DAMAGE TO A MOTOR VEHICLE REPAIR BASED ON PRICING CAPS FOR LABOR, PARTS, PAINT OR REPAIR MATERIALS. ALL ELEMENTS OF SUCH A CLAIM FOR DAMAGES SHALL BE NEGOTIATED WITH THE INSURED, OR HIS OR HER DESIGNATED REPRESENTATIVE, BY A DULY LICENSED APPRAISER. (2) IF A RECOMMENDATION OR SUGGESTION OF AN AUTOMOTIVE REPAIR FACILITY IS MADE BY THE INSURER, AND ACCEPTED BY THE CLAIMANT, THE INSURER SHALL CAUSE THE DAMAGED VEHICLE TO BE RESTORED TO ITS CONDITION IMMEDIATELY PRIOR TO THE LOSS AT NO ADDITIONAL COST TO THE CLAIMANT OTHER THAN DEDUCTIONS STATED IN THE POLICY. SHOULD THE INSURER FAIL TO RESTORE THE VEHICLE TO ITS CONDITION IMMEDIATELY PRIOR TO THE LOSS, THE INSURER SHALL AT NO ADDITIONAL EXPENSE TO THE CLAIMANT CAUSE THE VEHICLE TO BE RESTORED TO ITS CONDITION IMMEDIATELY PRIOR TO THE LOSS AT A SHOP OF THE CLAIMANT'S CHOICE. THE INSURER SHALL MAINTAIN IN ITS FILE, A STATEMENT, SIGNED BY THE CLAIMANT, PLAINLY PRINTED IN NO LESS THAN 10 POINT TYPE: "PURSUANT TO SECTION 2610 OF THE INSURANCE LAW, AN INSURANCE COMPANY MAY NOT LIMIT PAYMENT BASED ON PRICING CAPS FOR LABOR, PARTS, PAINT OR REPAIR MATERIALS. AN INSURER CANNOT REQUIRE THAT REPAIRS BE MADE TO A MOTOR VEHICLE IN A PARTICULAR PLACE OR REPAIR SHOP. YOU HAVE THE RIGHT TO HAVE YOUR VEHICLE REPAIRED IN THE SHOP OF YOUR CHOICE". S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law and shall apply to all EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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