Bill Text: NY A01192 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Requires motor vehicle repair shops to provide written notice to customers that an insurance company cannot require a person to use a specific repair shop.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A01192 Detail]

Download: New_York-2011-A01192-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1192
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M. of A. GANTT, GABRYSZAK, TITONE, JAFFEE -- Multi-Spon-
         sored by -- M. of A.  CUSICK -- read once and referred to the  Commit-
         tee on Transportation
       AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
         motor vehicle repair shops to provide written notice to customers; and
         to amend the insurance law,  in  relation  to  requiring  insurers  to
         disclose financial interests in motor vehicle repair shops
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of section 398-d of the vehicle  and  traffic
    2  law is amended by adding a new paragraph (c) to read as follows:
    3    (C)  IN  ADDITION  TO THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
    4  SION, EVERY MOTOR VEHICLE REPAIR SHOP SHALL PROVIDE TO EACH  CUSTOMER  A
    5  WRITTEN COPY OF THE NOTICE REQUIRED TO BE DISPLAYED BY THIS SECTION.
    6    S  2.  Section  2610  of  the insurance law is amended by adding a new
    7  subsection (c) to read as follows:
    8    (C) IN PROCESSING ANY SUCH CLAIM, AN  INSURER  THAT  HAS  A  FINANCIAL
    9  INTEREST  IN  A  MOTOR  VEHICLE REPAIR SHOP, AS DEFINED IN SECTION THREE
   10  HUNDRED NINETY-EIGHT-B OF THE VEHICLE AND TRAFFIC  LAW,  SHALL,  AT  THE
   11  TIME  OF  LOSS,  ORALLY  AND  IN  WRITING, DISCLOSE SUCH INTEREST TO THE
   12  INSURED, AFFIRM THAT THE INSURED IS UNDER  NO  OBLIGATION  TO  USE  SUCH
   13  MOTOR  VEHICLE  REPAIR  SHOP AND STATE THAT THE INSURED HAS THE RIGHT TO
   14  USE ANY MOTOR VEHICLE REPAIR SHOP SELECTED BY THE INSURED.
   15    S 3. This act shall take effect on the one hundred twentieth day after
   16  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03153-01-1