1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to motor vehicles; providing notice requirements related to salvage vehicle |
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3 | 3 | | 1.3 auctions; authorizing insurers to apply for vehicle title when vehicle is acquired |
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4 | 4 | | 1.4 through payment of damages; proposing coding for new law in Minnesota Statutes, |
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5 | 5 | | 1.5 chapter 168A. |
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6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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7 | 7 | | 1.7 Section 1. [168A.1502] INSURER APPLICATION FOR TITLE. |
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8 | 8 | | 1.8 (a) When an insurer licensed to conduct business in Minnesota acquires ownership of a |
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9 | 9 | | 1.9vehicle through payment of damages and the owner fails to deliver the vehicle's title to the |
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10 | 10 | | 1.10insurer within 15 days of payment of the claim, the insurer or a designated agent may apply |
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11 | | - | 1.11to the commissioner for a certificate of title as provided in this section. This section only |
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12 | | - | 1.12applies to vehicles with a title issued by this state. |
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13 | | - | 1.13 (b) At least 15 days prior to applying for a certificate of title under this section, the |
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14 | | - | 1.14insurer or a designated agent must notify the owner and any lienholders of record of the |
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15 | | - | 1.15insurer's intent to apply for a title. The notice must be sent to the last known address of the |
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16 | | - | 1.16owner and any lienholders by certified mail or by a commercial delivery service that provides |
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17 | | - | 1.17evidence of delivery. |
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| 11 | + | 1.11to the commissioner for a certificate of title, salvage title, or prior salvage title as provided |
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| 12 | + | 1.12in this section. This section only applies to vehicles with a title issued by this state. |
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| 13 | + | 1.13 (b) At least 15 days prior to applying for a certificate of title, salvage title, or prior salvage |
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| 14 | + | 1.14title under this section, the insurer or a designated agent must notify the owner and any |
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| 15 | + | 1.15lienholders of record of the insurer's intent to apply for a title. The notice must be sent to |
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| 16 | + | 1.16the last known address of the owner and any lienholders by certified mail or by a commercial |
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| 17 | + | 1.17delivery service that provides evidence of delivery. |
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33 | 32 | | 2.2If the insurer or a designated agent does not attest to completing the requirements under |
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34 | 33 | | 2.3clauses (1) to (3), the commissioner must reject the application. |
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35 | 34 | | 2.4 (d) Notwithstanding any outstanding liens, upon proper application, the commissioner |
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36 | 35 | | 2.5must issue a certificate of title, salvage title, or prior salvage title in the name of the insurer. |
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37 | 36 | | 2.6Issuance of a certificate of title, salvage title, or prior salvage title extinguishes all existing |
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38 | 37 | | 2.7liens against the vehicle. If the vehicle is sold, the insurer or a designated agent must assign |
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39 | 38 | | 2.8the title to the buyer, and the vehicle is transferred without any liens. |
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40 | 39 | | 2.9 Sec. 2. [168A.1503] REQUIREMENTS UPON UNPAID INSURANCE VEHICLE |
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41 | 40 | | 2.10CLAIM. |
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42 | 41 | | 2.11 Subdivision 1.Definition.For purposes of this section, "salvage vehicle auction |
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43 | 42 | | 2.12company" or "auction company" means a business, organization, or individual that sells |
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44 | 43 | | 2.13salvage vehicles on behalf of insurers. |
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45 | 44 | | 2.14 Subd. 2.Notice to auction company.(a) If an insurance company licensed to conduct |
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46 | 45 | | 2.15business in Minnesota requests an auction company to take possession of a salvage vehicle |
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47 | 46 | | 2.16that is subject to an insurance claim and the insurance company does not subsequently take |
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48 | 47 | | 2.17ownership of the vehicle, the insurance company may direct the auction company to release |
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49 | 48 | | 2.18the vehicle to the owner or lienholder. |
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50 | 49 | | 2.19 (b) The insurance company must provide the auction company notice by commercial |
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51 | 50 | | 2.20delivery service, email, or a proprietary electronic system accessible by both the insurance |
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52 | 51 | | 2.21company and the auction company authorizing the auction company to release the vehicle |
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53 | 52 | | 2.22to the vehicle's owner or lienholder. |
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54 | 53 | | 2.23 Subd. 3.Notice to owner or lienholder.(a) Upon receiving notice from an insurance |
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55 | 54 | | 2.24company, the auction company must send two notices a minimum of 14 days apart to the |
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56 | 55 | | 2.25owner of the vehicle and any lienholders stating that the vehicle is available to be recovered |
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57 | 56 | | 2.26from the auction company within 30 days of the date on which the first notice was sent. |
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58 | 57 | | 2.27Each notice must include an invoice for any outstanding charges owed to the auction company |
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59 | 58 | | 2.28that must be paid before the vehicle may be recovered. |
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60 | 59 | | 2.29 (b) Notice under this subdivision must be sent to the address of the owner and any |
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