SB0314113th GA (Historical)Introduced

Amends TCA Title 56.

This bill prohibits an insurer that is obligated to pay at least part of the cost of repairing a motor vehicle under an insurance policy issued by the insurer from directing a body shop to repair the motor vehicle until the insurer has presented the insured with a written notice meeting the following requirements: (1) Notice that informs the insured that the insured has a right to approve the type of body parts to be used in the repair of the motor vehicle; (2) Notice that informs the insured of body part recommendations given by the repair shop; and (3) Notice that gives the insured an opportunity, in approving the type of body parts to be used in the repair of the motor vehicle, to select among new body parts manufactured by the original equipment manufacturer or for the manufacturer of the motor vehicle, if new body parts are still available; aftermarket parts; or used body parts. This bill requires an insurer to give the insured the opportunity to indicate in writing, which may be electronic, the type of body part that the insured approved for the use in the repair of the motor vehicle. These provisions only apply in the five years following the model year of the motor vehicle. PENALTY A violation of these provisions constitutes an unfair claims practice and is subject to the penalties and remedies as provided in the Tennessee Unfair Trade Practices and Unfair Claims Settlement Act of 2009. APPLICABILITY This bill applies to agreements for auto insurance issued, delivered, entered into, amended, or renewed on or after July 1, 2023.

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Overview

This bill prohibits an insurer that is obligated to pay at least part of the cost of repairing a motor vehicle under an insurance policy issued by the insurer from directing a body shop to repair the motor vehicle until the insurer has presented the insured with a written notice meeting the following requirements: (1) Notice that informs the insured that the insured has a right to approve the type of body parts to be used in the repair of the motor vehicle; (2) Notice that informs the insured of body part recommendations given by the repair shop; and (3) Notice that gives the insured an opportunity, in approving the type of body parts to be used in the repair of the motor vehicle, to select among new body parts manufactured by the original equipment manufacturer or for the manufacturer of the motor vehicle, if new body parts are still available; aftermarket parts; or used body parts. This bill requires an insurer to give the insured the opportunity to indicate in writing, which may be electronic, the type of body part that the insured approved for the use in the repair of the motor vehicle. These provisions only apply in the five years following the model year of the motor vehicle. PENALTY A violation of these provisions constitutes an unfair claims practice and is subject to the penalties and remedies as provided in the Tennessee Unfair Trade Practices and Unfair Claims Settlement Act of 2009. APPLICABILITY This bill applies to agreements for auto insurance issued, delivered, entered into, amended, or renewed on or after July 1, 2023.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 20, 2023

Subjects
244024150913

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SB0314: Amends TCA Title 56. | LegisGo