S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    414
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. MAGNARELLI, HOOPER, ENGLEBRIGHT, GUNTHER, ABINAN-
   TI,  STECK  --  Multi-Sponsored  by  -- M. of A. COLTON, COOK, CUSICK,
   GALEF, TITONE -- 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 (d) to read as follows:
   (D)(1)  NO  INSURER  IN  PROCESSING  ANY  SUCH  CLAIM, SHALL LIMIT THE
 PAYMENT OF SUCH CLAIM FOR DAMAGE TO A  MOTOR  VEHICLE  REPAIR  BASED  ON
 PRICING  CAPS  FOR LABOR, PARTS, PAINT OR REPAIR MATERIALS. ALL ELEMENTS
 OF SUCH A CLAIM FOR DAMAGES SHALL BE NEGOTIATED WITH THE INSURED, OR HIS
 OR HER DESIGNATED REPRESENTATIVE, BY A DULY LICENSED APPRAISER.
   (2) IF A RECOMMENDATION OR SUGGESTION OF AN AUTOMOTIVE REPAIR FACILITY
 IS MADE BY THE INSURER, AND ACCEPTED BY THE CLAIMANT, THE INSURER  SHALL
 CAUSE  THE  DAMAGED  VEHICLE TO BE RESTORED TO ITS CONDITION IMMEDIATELY
 PRIOR TO THE LOSS AT NO ADDITIONAL  COST  TO  THE  CLAIMANT  OTHER  THAN
 DEDUCTIONS  STATED IN THE POLICY. SHOULD THE INSURER FAIL TO RESTORE THE
 VEHICLE TO ITS CONDITION IMMEDIATELY PRIOR  TO  THE  LOSS,  THE  INSURER
 SHALL  AT  NO ADDITIONAL EXPENSE TO THE CLAIMANT CAUSE THE VEHICLE TO BE
 RESTORED TO ITS CONDITION IMMEDIATELY PRIOR TO THE LOSS AT A SHOP OF THE
 CLAIMANT'S CHOICE. 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 MAY
 NOT LIMIT PAYMENT BASED ON PRICING  CAPS  FOR  LABOR,  PARTS,  PAINT  OR
 REPAIR  MATERIALS.  AN  INSURER 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".
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00569-01-7

 A. 414                              2
 
 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 are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.