Prohibits automotive insurance companies or their agent from requiring or suggesting their insured utilize a specific person for window glass repairs and if a suggestion is made, a specific statement must accompany the suggestion.
STATE OF NEW YORK
________________________________________________________________________
8111
2017-2018 Regular Sessions
IN ASSEMBLY
May 30, 2017
___________
Introduced by M. of A. THIELE, GRAF -- read once and referred to the
Committee on Insurance
AN ACT to amend the insurance law, in relation to automotive glass work
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subsection (b) of section 2610 of the insurance law is
2 amended to read as follows:
3 (b) In processing any such claim [(other than a claim solely involving
4 window glass)], the insurer shall not, unless expressly requested by the
5 insured, recommend or suggest repairs be made to such vehicle in a
6 particular place or shop or by a particular concern.
7 § 2. Section 2610 of the insurance law is amended by adding two new
8 subsections (d) and (e) to read as follows:
9 (d) No insurance company doing business in this state or third-party
10 claims administrator, agent or adjuster for such company shall:
11 (1) require any insured to use a specific person for the provision of
12 automotive glass work; or
13 (2) state that choosing a facility other than a glass shop participat-
14 ing in an automotive glass work program established by such company will
15 result in delays in or a lack of guarantee for the automotive glass
16 work.
17 (e) (1) If there is any communication between a glass claims represen-
18 tative for an insurance company doing business in this state or a third-
19 party claims administrator for such company and an insured regarding
20 automotive glass work or automobile glass products, in the initial
21 contact with the insured, such representative or claims administrator
22 shall state or disclose to the insured a statement substantially similar
23 to the following: "You have the right to choose a licensed glass shop
24 where the damage to your motor vehicle will be repaired. If you have a
25 preference, please let us know".
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11951-01-7
A. 8111 2
1 (2) No glass claims representative for an insurance company doing
2 business in this state or a third-party claims administrator for such
3 company shall provide an insured with the name of, schedule an appoint-
4 ment for an insured with or direct an insured to, a licensed glass shop
5 that is owned by:
6 (A) such company; or
7 (B) such claims administrator; or
8 (C) the same parent company as such insurance company or claims admin-
9 istrator, unless such representative or claims administrator provides
10 the insured with the name of at least one additional licensed glass shop
11 in the area where the automotive glass work is to be performed.
12 § 3. This act shall take effect immediately.