Bill Text: CT HB05231 | 2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: An Act Concerning Automotive Glass Work.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Engrossed - Dead) 2012-05-03 - File Number 626 [HB05231 Detail]

Download: Connecticut-2012-HB05231-Introduced.html

General Assembly

 

Raised Bill No. 5231

February Session, 2012

 

LCO No. 1257

 

*01257_______INS*

 

Referred to Committee on Insurance and Real Estate

 

Introduced by:

 

(INS)

 

AN ACT CONCERNING AUTOMOTIVE GLASS WORK.

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 Section 38a-354 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) No [automobile] motor vehicle physical damage appraiser shall require that appraisals, [or] repairs or automotive glass work 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 any insured to use a specific person for the provision of [automobile] motor vehicle (A) physical damage repairs, [automobile] or (B) glass replacement, glass repair service or glass products, or (2) 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 or automotive glass work written on behalf of an [insurer] insurance company 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 OR GLASS SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.

(d) (1) In any communication with an insured, whether oral or written, regarding motor vehicle (A) physical damage repairs, or (B) glass replacement, glass repair service or glass products, an insurance company doing business in this state, or an agent, adjuster or third-party claims administrator for such company shall provide to the insured, orally or in writing, a notice substantially similar to the following: "You have the right to choose the licensed repair shop or glass shop where the damage to your motor vehicle will be repaired. If you have a preference, please tell us now to assist us in processing your claim."

(2) If the insured does not specify a preference for a repair shop or glass shop, as applicable, the insurance company, or the agent, adjuster or third-party claims administrator for such company shall provide to the insured the names and contact information of five licensed repair shops or glass shops, as applicable, located within thirty miles of the insured's residence, or if five such shops are not located within such area, the names and contact information of such shops located within such area.

Sec. 2. Subsections (a) and (b) of section 38a-364 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) For the purposes of sections 14-12b and 14-12c, subsection (a) of section 14-13, sections 14-213b and 14-217 and this section, "private passenger motor vehicle" [shall have] has the same meaning as provided in subsection (e) of section 38a-363.

(b) Each insurance company that issues private passenger motor vehicle liability insurance providing the security required by sections 38a-19 and 38a-363 to 38a-388, inclusive, shall issue annually to each such insured an automobile insurance identification card, in duplicate, for each insured vehicle, one of which shall be presented to the commissioner as provided in section 14-12b and the other carried in the vehicle as provided in section [14-12f] 14-13. Except as provided in subsection (c) of this section, such card shall be effective for a period of one year and shall include the name of the insured and insurer, the policy number, the effective date of coverage, the year, make or model and vehicle identification number of the insured vehicle and an appropriate space wherein the insured may set forth the year, make or model and vehicle identification number of any private passenger motor vehicle that becomes covered as a result of a change in the covered vehicle during the effective period of the identification card. When an insured has five or more private passenger motor vehicles registered in this state, the insurer may use the designation "all owned vehicles" on each card in lieu of a specific vehicle description. Each insurance company that delivers, issues for delivery or renews such private passenger motor vehicle liability insurance in this state [on or after January 1, 2009,] shall include on such card, the following notice, printed in capital letters and boldface type:

NOTICE:

YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP OR GLASS 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, 2012

38a-354

Sec. 2

October 1, 2012

38a-364(a) and (b)

Statement of Purpose:

To require an insurance company doing business in this state, or agent, adjuster or third-party claims administrator for such company to provide additional disclosures to an insured regarding such insured's right to choose a licensed repair shop or glass shop where such insured's motor vehicle physical damage or automotive glass 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.]

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