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A08111 Summary:

Amd §2610, Ins L
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.
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A08111 Actions:

05/30/2017referred to insurance
01/03/2018referred to insurance
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A08111 Text:

                STATE OF NEW YORK
                               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.

        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.
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