Assembly Bill A316

2009-2010 Legislative Session

Prohibits insurers from limiting payment on claims based on pricing caps and from recommending a particular repair facility, and requires notice to insureds

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A316 (ACTIVE) - Details

See Senate Version of this Bill:
S1517
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §2610, Ins L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3961, S4642
2013-2014: A483, S338
2015-2016: A1537, S2916
2017-2018: A414, S413
2019-2020: A2911
2021-2022: A1265
2023-2024: A546

2009-A316 (ACTIVE) - 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.

2009-A316 (ACTIVE) - Sponsor Memo

2009-A316 (ACTIVE) - Bill Text download pdf

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

                                   316

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. MAGNARELLI, BRADLEY, HOOPER, ALESSI, ENGLEBRIGHT,
  KOON,  GORDON, SCHROEDER, STIRPE, V. LOPEZ -- Multi-Sponsored by -- M.
  of A. BENJAMIN, BOYLAND, COLTON, COOK, CUSICK, DESTITO,  GALEF,  JOHN,
  MAYERSOHN,  MILLER,  MILLMAN,  PHEFFER,  REILLY,  TITONE,  WEISENBERG,
  WRIGHT -- read once and referred 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00513-01-9
              

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