Assembly Bill A7738A

Signed By Governor
2015-2016 Legislative Session

Requires insurers to provide and retain a signed notice to claimants in relation to insured's right to have a vehicle repaired in the shop of his/her choice

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2015-A7738 - Details

See Senate Version of this Bill:
S5639
Law Section:
Insurance Law
Laws Affected:
Amd §2610, Ins L

2015-A7738 - Summary

Requires insurers to provide a copy of its repair estimate to the insured and include a disclosure relating to insured's right to have a vehicle repaired in the shop of his/her choice.

2015-A7738 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7738

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2015
                               ___________

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:

  Section 1. Section 2610 of the insurance law is amended  by  adding  a
new subsection (c) to read as follows:
  (C) THE INSURER SHALL MAINTAIN IN ITS FILE, A STATEMENT, SIGNED BY THE
CLAIMANT,  PLAINLY  PRINTED  IN NO LESS THAN 10 POINT TYPE: "PURSUANT TO
SECTION 2610 OF THE INSURANCE LAW, AN INSURANCE COMPANY  CANNOT  REQUIRE
THAT  REPAIRS BE MADE TO A MOTOR VEHICLE IN A PARTICULAR PLACE OR REPAIR
SHOP. YOU HAVE THE RIGHT TO HAVE YOUR VEHICLE REPAIRED IN  THE  SHOP  OF
YOUR CHOICE".
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to  all
policies  and contracts issued, renewed, modified, altered or amended on
or after such effective date; provided, however,  that  effective  imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be 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.
                                                           LBD11279-01-5

co-Sponsors

2015-A7738A (ACTIVE) - Details

See Senate Version of this Bill:
S5639
Law Section:
Insurance Law
Laws Affected:
Amd §2610, Ins L

2015-A7738A (ACTIVE) - Summary

Requires insurers to provide a copy of its repair estimate to the insured and include a disclosure relating to insured's right to have a vehicle repaired in the shop of his/her choice.

2015-A7738A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7738--A
                                                        Cal. No. 678

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2015
                               ___________

Introduced by M. of A. MAGNARELLI, McDONALD -- read once and referred to
  the  Committee  on Insurance -- recommitted to the Committee on Insur-
  ance in accordance with Assembly  Rule  3,  sec.  2  --  reported  and
  referred  to  the  Committee  on  Codes  --  reported  from committee,
  advanced to a third reading, amended and ordered reprinted,  retaining
  its place on the order of third reading

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:

  Section  1.  Section  2610 of the insurance law is amended by adding a
new subsection (c) to read as follows:
  (C) THE INSURER SHALL PROVIDE A COPY OF ITS  REPAIR  ESTIMATE  TO  THE
INSURED  THAT  INCLUDES  THE FOLLOWING DISCLOSURE, PLAINLY PRINTED IN NO
LESS THAN 12 POINT TYPE: "PURSUANT TO SECTION 2610 OF THE INSURANCE LAW,
AN INSURANCE COMPANY CANNOT REQUIRE THAT REPAIRS  BE  MADE  TO  A  MOTOR
VEHICLE IN A PARTICULAR PLACE OR REPAIR SHOP. YOU HAVE THE RIGHT TO HAVE
YOUR VEHICLE REPAIRED IN THE SHOP OF YOUR CHOICE".
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to all policies and contracts
issued, renewed, modified, altered or amended on or after such effective
date;  provided,  however,  that  effective  immediately,  the addition,
amendment and/or repeal of any rule  or  regulation  necessary  for  the
implementation  of  this  act  on  its effective date are authorized and
directed to be 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.
                                                           LBD11279-05-6

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.