Amends TCA Title 56 and Title 66.
This bill provides that, if a provider of an automobile insurance policy ("insurer") deems an automobile to be a total loss, then the insurer must remove the automobile from the repair facility's property within five business days of the date the automobile is deemed a total loss. However, the duty shifts to the individual to whom the policy belongs if the policy issued by the insurer does not require the insurer to provide a removal service and the insurer refuses to remove the automobile. <br /> <br /> Nevertheless, under this bill, the insurer becomes responsible for removing the automobile within three business days after receiving notice from the repair facility that the individual to whom the policy belongs and has the duty to remove the automobile has failed to do so. An insurer that pays for the cost of removal may charge that cost to the individual to whom the policy belongs. <br /> <br /> A violation of this bill constitutes a violation of the Tennessee Unfair Trade Practices and Unfair Claims Settlement Act of 2009 and is subject to the penalties under that act.<br /> <br /> This bill applies to policies issued, delivered, entered into, amended, or renewed, and conduct occurring, on or after July 1, 2023.<br />
This bill provides that, if a provider of an automobile insurance policy ("insurer") deems an automobile to be a total loss, then the insurer must remove the automobile from the repair facility's property within five business days of the date the automobile is deemed a total loss. However, the duty shifts to the individual to whom the policy belongs if the policy issued by the insurer does not require the insurer to provide a removal service and the insurer refuses to remove the automobile. <br /> <br /> Nevertheless, under this bill, the insurer becomes responsible for removing the automobile within three business days after receiving notice from the repair facility that the individual to whom the policy belongs and has the duty to remove the automobile has failed to do so. An insurer that pays for the cost of removal may charge that cost to the individual to whom the policy belongs. <br /> <br /> A violation of this bill constitutes a violation of the Tennessee Unfair Trade Practices and Unfair Claims Settlement Act of 2009 and is subject to the penalties under that act.<br /> <br /> This bill applies to policies issued, delivered, entered into, amended, or renewed, and conduct occurring, on or after July 1, 2023.<br />
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