New York Assembly Bill A00546 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 546 2023-2024 Regular Sessions  IN ASSEMBLY January 9, 2023 ___________ Introduced by M. of A. MAGNARELLI -- 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: 1 Section 1. Section 2610 of the insurance law is amended by adding a 2 new subsection (d) to read as follows: 3 (d)(1) No insurer in processing any such claim, shall limit the 4 payment of such claim for damage to a motor vehicle repair based on 5 pricing caps for labor, parts, paint or repair materials. All elements 6 of such a claim for damages shall be negotiated with the insured, or his 7 or her designated representative, by a duly licensed appraiser. 8 (2) If a recommendation or suggestion of an automotive repair facility 9 is made by the insurer, and accepted by the claimant, the insurer shall 10 cause the damaged vehicle to be restored to its condition immediately 11 prior to the loss at no additional cost to the claimant other than 12 deductions stated in the policy. Should the insurer fail to restore the 13 vehicle to its condition immediately prior to the loss, the insurer 14 shall at no additional expense to the claimant cause the vehicle to be 15 restored to its condition immediately prior to the loss at a shop of the 16 claimant's choice. 17 § 2. This act shall take effect on the first of January next succeed- 18 ing the date on which it shall have become a law and shall apply to all 19 policies and contracts issued, renewed, modified, altered or amended on 20 or after such effective date. Effective immediately, the addition, 21 amendment and/or repeal of any rule or regulation necessary for the 22 implementation of this act on its effective date are authorized to be 23 made and completed on or before such effective date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02797-01-3