HF 1949

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to commerce; regulating conduct of an insurer in collision cases;
amending Minnesota Statutes 2006, section 72B.092, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 72B.092, subdivision 1, is amended to read:

Subdivision 1.

Prohibitions on insurer.

No adjuster or insurer, director, officer,
broker, agent, attorney-in-fact, employee, or other representative of an insurer shall
in collision cases:

(a) limit the freedom of an insured or claimant to choose the shop;

(b) require that an insured or claimant present the claim or the automobile for loss
adjustment or inspection at a "drive-in" claim center or any other similar facility solely
under the control of the insurer;

(c) engage in boycotts, intimidation or coercive tactics in negotiating repairs to
damaged motor vehicles which they insure or are liable to claimants to have repaired; deleted text begin or
deleted text end

(d) attempt to secure, except in an emergency, the insured's or claimant's signature
authorizing the party securing the signature to act in behalf of the insured or claimant in
selection of a repair shop facility new text begin ;
new text end

new text begin (e) adjust a damage appraisal of a repair shop when the amount or extent of damage
is in dispute without conducting a physical inspection of the vehicle;
new text end

new text begin (f) act on behalf of an insured in the determination of parts or components necessary
for the satisfactory repair of the vehicle; or
new text end

new text begin (g) specify the use of a particular vendor for the procurement of parts or other
materials necessary for the satisfactory repair of the vehicle new text end .