Legislation
SECTION 3411
Automobile physical damage insurance covering private passenger automobiles; standard provisions; required inspections; duties of insurer...
Insurance (ISC) CHAPTER 28, ARTICLE 34
§ 3411. * Automobile physical damage insurance covering private
passenger automobiles; standard provisions; required inspections; duties
of insurers and insureds.
* NB Effective until May 15, 2024
* Automobile physical damage insurance covering private passenger
automobiles; standard provisions; inspections; duties of insurers and
insureds.
* NB Effective May 15, 2024 until October 1, 2027
* Automobile physical damage insurance covering private passenger
automobiles; standard provisions; required inspections; duties of
insurers and insureds.
* NB Effective October 1, 2027
(a) The provisions of this section shall be applicable to all
automobile physical damage insurance policies covering private passenger
automobiles registered in this state, notwithstanding any other
provisions of this chapter.
(b) In this article, "renewal" means the issuance and delivery by an
insurer, at the end of the policy period, of a policy superseding a
policy previously issued and delivered by the same insurer, or the
issuance and delivery of a certificate or notice extending the term of a
policy beyond its policy period or term. Any policy with a policy period
or term of less than one year shall, for the purpose of determining each
renewal date in this section, be considered as if written for a policy
period or term of one year commencing with the annual anniversary date,
and any policy written for a period or term of more than one year or any
policy with no fixed expiration date shall, for the purpose of this
section, be considered as if written for successive policy periods or
terms of one year commencing with the annual anniversary date.
(c) No policy providing automobile physical damage insurance for
private passenger automobiles registered in this state shall be issued,
delivered, or renewed unless it complies with this section.
* (d) A newly issued policy shall not provide coverage for automobile
physical damage perils prior to an inspection of the automobile by the
insurer.
* NB Effective until May 15, 2024
* (d) A newly issued policy shall not provide coverage for automobile
physical damage perils prior to an inspection of the automobile by the
insurer, unless the insurer has waived the right to such inspection
pursuant to a statement of operation filed with the superintendent. In
its statement of operation, an insurer may waive the right to inspect
some or all automobiles. Every statement of operation shall take effect
upon its filing with the superintendent and may cover some or all
automobiles.
* NB Effective May 15, 2024 until October 1, 2027
* (d) A newly issued policy shall not provide coverage for automobile
physical damage perils prior to an inspection of the automobile by the
insurer.
* NB Effective October 1, 2027
(e) For a renewal of a policy referred to in subsection (d) of this
section, an insurer may require, as a condition of such renewal, that
the automobile be made available for inspection.
(f) If an insurer requests an inspection pursuant to subsection (e) of
this section, the insured shall make the automobile available for
inspection by the insurer, upon reasonable notice. If the insured fails
to make the automobile available for inspection, the insurer may refuse
to continue such physical damage coverage.
* (g) If an automobile subject to the provisions of this section is
acquired by the insured as a replacement for or an addition to an
automobile insured for physical damage coverage, and the insured
requests physical damage coverage for the replacement or additional
automobile, such coverage for physical damage shall not be effective
before such inspection is made. If, at the time of the request for such
coverage, the automobile is unavailable for inspection because of
conditions of purchase or other circumstances and is thereafter made
available for inspection, the insurer shall promptly inspect the
automobile, and physical damage coverage shall not become effective
before the inspection has been made.
* NB Effective until May 15, 2024
* (g) If an automobile subject to the provisions of this section is
acquired by the insured as a replacement for or an addition to an
automobile insured for physical damage coverage, and the insured
requests physical damage coverage for the replacement or additional
automobile, such coverage for physical damage shall not be effective
before such inspection is made, unless the insurer has waived the right
to such an inspection pursuant to a statement of operation filed with
the superintendent. If, at the time of the request for such coverage,
the automobile is unavailable for inspection because of conditions of
purchase or other circumstances and is thereafter made available for
inspection, the insurer shall promptly inspect the automobile, and
physical damage coverage shall not become effective before the
inspection has been made.
* NB Effective May 15, 2024 until October 1, 2027
* (g) If an automobile subject to the provisions of this section is
acquired by the insured as a replacement for or an addition to an
automobile insured for physical damage coverage, and the insured
requests physical damage coverage for the replacement or additional
automobile, such coverage for physical damage shall not be effective
before such inspection is made. If, at the time of the request for such
coverage, the automobile is unavailable for inspection because of
conditions of purchase or other circumstances and is thereafter made
available for inspection, the insurer shall promptly inspect the
automobile, and physical damage coverage shall not become effective
before the inspection has been made.
* NB Effective October 1, 2027
(h) Where an inspection is made pursuant to this section, it shall be
conducted by the insurer or its authorized representative and shall be
recorded on a form prescribed by the superintendent. Such form shall be
retained by the insurer with its policy records for such insured, and a
copy of such form shall be made available to the insured upon request.
(i) Payment of a physical damage claim shall not be conditioned upon
the repair of the automobile, provided, however, the insured shall
replace any inflatable restraint system (airbag), as defined in
subparagraph (b) of S 4.1.5.1 of standard 208 of part 571 of title 49 of
the code of federal regulations, that inflated and deployed, or that was
stolen, which is included in a physical damage or theft claim. The
insurer may request that the automobile be made available for inspection
whether or not the automobile is repaired. The results of such
inspection may form a basis for determining the value of the automobile
in the event of a subsequent loss. If the automobile is repaired the
insurer shall request the repair invoice and shall require the insured
and the automobile repairer to certify, under penalties of perjury,
whether the applicable deductible has been paid to the automobile
repairer, whether any repairs have been made and whether the repairs did
not include all items allowed by the insurer.
(j) The superintendent may approve policy forms for physical damage
coverage, for new and renewable business, which exclude coverage for
specified items of personal property located in or upon the automobile.
(k) Each insurer which offers physical damage insurance subject to the
provisions of this section shall offer such insurance with a standard
deductible of two hundred dollars for each occurrence. The insured
shall, however, at the inception of the policy or at the annual
anniversary date, or at the time of the replacement or addition of an
automobile, have the option of purchasing a policy with a lesser
deductible, but in no event may the insurer sell a policy with a
deductible of less than fifty dollars for fire, theft or comprehensive
insurance coverages (one hundred dollars for assigned risk policies
issued pursuant to paragraph two of subsection (a) of section five
thousand three hundred three of this chapter) and one hundred dollars
for collision insurance coverage except that window glass coverage may
be sold without a deductible. Each insurer which offers physical damage
insurance subject to the provisions of this section shall also offer
physical damage coverages with co-insurance or deductible provisions or
combinations thereof as the superintendent may prescribe, including but
not limited to deductibles of two hundred fifty dollars, five hundred
dollars and one thousand dollars.
(l) Every insurer subject to the provisions of this section shall
report to the commissioner of motor vehicles any evidence of
overcharges, improper repairs or adjustments or other wrongdoing by
motor vehicle repair shops, in order that the department of motor
vehicles may properly discharge its responsibilities under the vehicle
and traffic law to protect consumers from dishonest, deceptive and
fraudulent practices in the repair of automobiles, to protect the public
from improper repairs and to eliminate unqualified motor vehicle repair
shops.
* (m) (1) The superintendent, in regulations implementing the
provisions of this section, shall also require that insurers take
appropriate action to ensure that there is wide public dissemination of
the provisions of this section relating to the rights and obligations of
insureds and insurers.
(2) The inspections provided for in this section may be dispensed with
or deferred under circumstances specified in regulations of the
superintendent. Such circumstances may include but are not limited to,
the insuring of a new automobile, the insuring of an automobile whose
inspection would constitute a serious hardship to the insurer, the
insured or an applicant for insurance, and the insuring of an automobile
for a limited specified period of time.
(3) Inspections made pursuant to this section shall be made at
locations and times reasonably convenient to the insured. The results of
any inspection may be considered in determining the value of the
automobile.
* NB Effective until May 15, 2024
* (m) (1) The superintendent, in regulations implementing the
provisions of this section, shall also require that insurers take
appropriate action to ensure that there is wide public dissemination of
the provisions of this section relating to the rights and obligations of
insureds and insurers.
(2) The inspections provided for in this section may be dispensed with
or deferred by an insurer under circumstances specified in their
statement of operation filed with the superintendent or in regulations
of the superintendent. Such circumstances may include but are not
limited to, the insuring of a new automobile, the insuring of an
automobile whose inspection would constitute a serious hardship to the
insurer, the insured or an applicant for insurance, and the insuring of
an automobile for a limited specified period of time.
(3) Inspections made pursuant to this section shall be made at
locations and times reasonably convenient to the insured. The results of
any inspection may be considered in determining the value of the
automobile.
* NB Effective May 15, 2024 until October 1, 2027
* (m) (1) The superintendent, in regulations implementing the
provisions of this section, shall also require that insurers take
appropriate action to ensure that there is wide public dissemination of
the provisions of this section relating to the rights and obligations of
insureds and insurers.
(2) The inspections provided for in this section may be dispensed with
or deferred under circumstances specified in regulations of the
superintendent. Such circumstances may include but are not limited to,
the insuring of a new automobile, the insuring of an automobile whose
inspection would constitute a serious hardship to the insurer, the
insured or an applicant for insurance, and the insuring of an automobile
for a limited specified period of time.
(3) Inspections made pursuant to this section shall be made at
locations and times reasonably convenient to the insured. The results of
any inspection may be considered in determining the value of the
automobile.
* NB Effective October 1, 2027
(n) If the superintendent, after notice and hearing, finds that any
insurer or its authorized representative has violated any provision of
this section, he shall order the payment of a penalty, not to exceed
five hundred dollars for each such offense. Each issuance, procurement
or negotiation of a policy of insurance in violation of this section
shall be a separate offense.
passenger automobiles; standard provisions; required inspections; duties
of insurers and insureds.
* NB Effective until May 15, 2024
* Automobile physical damage insurance covering private passenger
automobiles; standard provisions; inspections; duties of insurers and
insureds.
* NB Effective May 15, 2024 until October 1, 2027
* Automobile physical damage insurance covering private passenger
automobiles; standard provisions; required inspections; duties of
insurers and insureds.
* NB Effective October 1, 2027
(a) The provisions of this section shall be applicable to all
automobile physical damage insurance policies covering private passenger
automobiles registered in this state, notwithstanding any other
provisions of this chapter.
(b) In this article, "renewal" means the issuance and delivery by an
insurer, at the end of the policy period, of a policy superseding a
policy previously issued and delivered by the same insurer, or the
issuance and delivery of a certificate or notice extending the term of a
policy beyond its policy period or term. Any policy with a policy period
or term of less than one year shall, for the purpose of determining each
renewal date in this section, be considered as if written for a policy
period or term of one year commencing with the annual anniversary date,
and any policy written for a period or term of more than one year or any
policy with no fixed expiration date shall, for the purpose of this
section, be considered as if written for successive policy periods or
terms of one year commencing with the annual anniversary date.
(c) No policy providing automobile physical damage insurance for
private passenger automobiles registered in this state shall be issued,
delivered, or renewed unless it complies with this section.
* (d) A newly issued policy shall not provide coverage for automobile
physical damage perils prior to an inspection of the automobile by the
insurer.
* NB Effective until May 15, 2024
* (d) A newly issued policy shall not provide coverage for automobile
physical damage perils prior to an inspection of the automobile by the
insurer, unless the insurer has waived the right to such inspection
pursuant to a statement of operation filed with the superintendent. In
its statement of operation, an insurer may waive the right to inspect
some or all automobiles. Every statement of operation shall take effect
upon its filing with the superintendent and may cover some or all
automobiles.
* NB Effective May 15, 2024 until October 1, 2027
* (d) A newly issued policy shall not provide coverage for automobile
physical damage perils prior to an inspection of the automobile by the
insurer.
* NB Effective October 1, 2027
(e) For a renewal of a policy referred to in subsection (d) of this
section, an insurer may require, as a condition of such renewal, that
the automobile be made available for inspection.
(f) If an insurer requests an inspection pursuant to subsection (e) of
this section, the insured shall make the automobile available for
inspection by the insurer, upon reasonable notice. If the insured fails
to make the automobile available for inspection, the insurer may refuse
to continue such physical damage coverage.
* (g) If an automobile subject to the provisions of this section is
acquired by the insured as a replacement for or an addition to an
automobile insured for physical damage coverage, and the insured
requests physical damage coverage for the replacement or additional
automobile, such coverage for physical damage shall not be effective
before such inspection is made. If, at the time of the request for such
coverage, the automobile is unavailable for inspection because of
conditions of purchase or other circumstances and is thereafter made
available for inspection, the insurer shall promptly inspect the
automobile, and physical damage coverage shall not become effective
before the inspection has been made.
* NB Effective until May 15, 2024
* (g) If an automobile subject to the provisions of this section is
acquired by the insured as a replacement for or an addition to an
automobile insured for physical damage coverage, and the insured
requests physical damage coverage for the replacement or additional
automobile, such coverage for physical damage shall not be effective
before such inspection is made, unless the insurer has waived the right
to such an inspection pursuant to a statement of operation filed with
the superintendent. If, at the time of the request for such coverage,
the automobile is unavailable for inspection because of conditions of
purchase or other circumstances and is thereafter made available for
inspection, the insurer shall promptly inspect the automobile, and
physical damage coverage shall not become effective before the
inspection has been made.
* NB Effective May 15, 2024 until October 1, 2027
* (g) If an automobile subject to the provisions of this section is
acquired by the insured as a replacement for or an addition to an
automobile insured for physical damage coverage, and the insured
requests physical damage coverage for the replacement or additional
automobile, such coverage for physical damage shall not be effective
before such inspection is made. If, at the time of the request for such
coverage, the automobile is unavailable for inspection because of
conditions of purchase or other circumstances and is thereafter made
available for inspection, the insurer shall promptly inspect the
automobile, and physical damage coverage shall not become effective
before the inspection has been made.
* NB Effective October 1, 2027
(h) Where an inspection is made pursuant to this section, it shall be
conducted by the insurer or its authorized representative and shall be
recorded on a form prescribed by the superintendent. Such form shall be
retained by the insurer with its policy records for such insured, and a
copy of such form shall be made available to the insured upon request.
(i) Payment of a physical damage claim shall not be conditioned upon
the repair of the automobile, provided, however, the insured shall
replace any inflatable restraint system (airbag), as defined in
subparagraph (b) of S 4.1.5.1 of standard 208 of part 571 of title 49 of
the code of federal regulations, that inflated and deployed, or that was
stolen, which is included in a physical damage or theft claim. The
insurer may request that the automobile be made available for inspection
whether or not the automobile is repaired. The results of such
inspection may form a basis for determining the value of the automobile
in the event of a subsequent loss. If the automobile is repaired the
insurer shall request the repair invoice and shall require the insured
and the automobile repairer to certify, under penalties of perjury,
whether the applicable deductible has been paid to the automobile
repairer, whether any repairs have been made and whether the repairs did
not include all items allowed by the insurer.
(j) The superintendent may approve policy forms for physical damage
coverage, for new and renewable business, which exclude coverage for
specified items of personal property located in or upon the automobile.
(k) Each insurer which offers physical damage insurance subject to the
provisions of this section shall offer such insurance with a standard
deductible of two hundred dollars for each occurrence. The insured
shall, however, at the inception of the policy or at the annual
anniversary date, or at the time of the replacement or addition of an
automobile, have the option of purchasing a policy with a lesser
deductible, but in no event may the insurer sell a policy with a
deductible of less than fifty dollars for fire, theft or comprehensive
insurance coverages (one hundred dollars for assigned risk policies
issued pursuant to paragraph two of subsection (a) of section five
thousand three hundred three of this chapter) and one hundred dollars
for collision insurance coverage except that window glass coverage may
be sold without a deductible. Each insurer which offers physical damage
insurance subject to the provisions of this section shall also offer
physical damage coverages with co-insurance or deductible provisions or
combinations thereof as the superintendent may prescribe, including but
not limited to deductibles of two hundred fifty dollars, five hundred
dollars and one thousand dollars.
(l) Every insurer subject to the provisions of this section shall
report to the commissioner of motor vehicles any evidence of
overcharges, improper repairs or adjustments or other wrongdoing by
motor vehicle repair shops, in order that the department of motor
vehicles may properly discharge its responsibilities under the vehicle
and traffic law to protect consumers from dishonest, deceptive and
fraudulent practices in the repair of automobiles, to protect the public
from improper repairs and to eliminate unqualified motor vehicle repair
shops.
* (m) (1) The superintendent, in regulations implementing the
provisions of this section, shall also require that insurers take
appropriate action to ensure that there is wide public dissemination of
the provisions of this section relating to the rights and obligations of
insureds and insurers.
(2) The inspections provided for in this section may be dispensed with
or deferred under circumstances specified in regulations of the
superintendent. Such circumstances may include but are not limited to,
the insuring of a new automobile, the insuring of an automobile whose
inspection would constitute a serious hardship to the insurer, the
insured or an applicant for insurance, and the insuring of an automobile
for a limited specified period of time.
(3) Inspections made pursuant to this section shall be made at
locations and times reasonably convenient to the insured. The results of
any inspection may be considered in determining the value of the
automobile.
* NB Effective until May 15, 2024
* (m) (1) The superintendent, in regulations implementing the
provisions of this section, shall also require that insurers take
appropriate action to ensure that there is wide public dissemination of
the provisions of this section relating to the rights and obligations of
insureds and insurers.
(2) The inspections provided for in this section may be dispensed with
or deferred by an insurer under circumstances specified in their
statement of operation filed with the superintendent or in regulations
of the superintendent. Such circumstances may include but are not
limited to, the insuring of a new automobile, the insuring of an
automobile whose inspection would constitute a serious hardship to the
insurer, the insured or an applicant for insurance, and the insuring of
an automobile for a limited specified period of time.
(3) Inspections made pursuant to this section shall be made at
locations and times reasonably convenient to the insured. The results of
any inspection may be considered in determining the value of the
automobile.
* NB Effective May 15, 2024 until October 1, 2027
* (m) (1) The superintendent, in regulations implementing the
provisions of this section, shall also require that insurers take
appropriate action to ensure that there is wide public dissemination of
the provisions of this section relating to the rights and obligations of
insureds and insurers.
(2) The inspections provided for in this section may be dispensed with
or deferred under circumstances specified in regulations of the
superintendent. Such circumstances may include but are not limited to,
the insuring of a new automobile, the insuring of an automobile whose
inspection would constitute a serious hardship to the insurer, the
insured or an applicant for insurance, and the insuring of an automobile
for a limited specified period of time.
(3) Inspections made pursuant to this section shall be made at
locations and times reasonably convenient to the insured. The results of
any inspection may be considered in determining the value of the
automobile.
* NB Effective October 1, 2027
(n) If the superintendent, after notice and hearing, finds that any
insurer or its authorized representative has violated any provision of
this section, he shall order the payment of a penalty, not to exceed
five hundred dollars for each such offense. Each issuance, procurement
or negotiation of a policy of insurance in violation of this section
shall be a separate offense.