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SF 1542

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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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 facilitynew text begin ;
new text end

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

new text begin (f) specify the use of a particular vendor for the procurement of parts or other
materials necessary for the satisfactory repair of the vehicle. This clause does not require
the insurer to pay more than a reasonable market price for parts of like kind and quality in
adjusting a claim
new text end .