General Assembly Committee Bill No. 5283
January Session, 2011 LCO No. 4343
*04343HB05283INS*
Referred to Committee on Insurance and Real Estate
Introduced by:
(INS)
General Assembly
Committee Bill No. 5283
January Session, 2011
LCO No. 4343
*04343HB05283INS*
Referred to Committee on Insurance and Real Estate
Introduced by:
(INS)
AN ACT CONCERNING AUTOMOTIVE GLASS WORK AND REPAIRS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 38a-354 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) No automobile physical damage appraiser shall require that appraisals or repairs should or should not be made in a specified facility or repair shop or shops.
(b) No insurance company doing business in this state, or agent or adjuster for such company shall: [(1) require]
(1) Require any insured to use a specific person for the provision of automobile physical damage repairs, automobile glass replacement, automobile glass repair service or automobile glass products; [, or (2) state]
(2) Refer or route any insured directly or indirectly to a third-party adjuster or third-party claims administrator for claims or questions regarding automobile physical damage repairs, automobile glass replacement, automobile glass repair service or automobile glass products, without requiring the insured to contact directly the insured's insurance company first by telephone, facsimile or electronic means. Such company shall inform such insured that the insured has the right to choose the licensed repair shop or facility where (A) the damage to the insured's motor vehicle will be repaired, or (B) the automobile glass will be repaired or replaced, as applicable;
(3) (A) Guarantee or warranty the repair or replacement work performed by a licensed repair shop or facility for automobile physical damage repairs, automobile glass replacement, automobile glass repair service or automobile glass products, or (B) impose a monetary advantage or penalty for such repair or replacement work that could affect an insured's choice of a repair shop or facility, including, but not limited to, lowering or waiving the insured's deductible under the insured's policy; or
(4) State that choosing a facility other than a motor vehicle repair shop participating in a motor vehicle repair program established by such company will result in delays in repairing the motor vehicle or a lack of guarantee for repair work.
(c) Any appraisal or estimate for a motor vehicle physical damage claim written on behalf of an insurer shall include the following notice, printed in not less than ten-point boldface type:
NOTICE:
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 38a-354
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
38a-354
Statement of Purpose:
To (a) prohibit insurance companies from (1) referring or routing its insureds to third-party adjusters or third-party claims administrators for certain automobile repairs or replacements without directly contacting the insurance company first, and (2) guaranteeing or warranting such repairs or replacements or imposing monetary advantages or penalties that could affect an insured's choice of a repair shop or facility, and (b) to require disclosure of the insured's right to choose where automobile repair or replacement work will be performed.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
Co-Sponsors: REP. MEGNA, 97th Dist.
Co-Sponsors:
REP. MEGNA, 97th Dist.
H.B. 5283