Top Legislation - View All
Latest Action: 05/12/2008 - SCS Voted Do Pass S Small Business, Insurance & Industrial Relations Committee (3504S.05C) Bill TextSCS/SB 775 - Under this act, an insurer shall inform claimants of their rights to choose repair facilities of their choice. Insurers are prohibited from directing, referring, or otherwise influencing the claimant in the choice of repair facility or program other than the repair facility chosen by the claimant. All claims paid by an insurer for any loss to a motor vehicle shall be paid to the claimant, or to a repair facility that has a signed authorization by the owner of the vehicle, by check, electronic transfer, or other means that provides the claimant or repair facility immediate access to the funds. In addition, the insurer may not discount the repair amount on the basis that the repair would have cost less if it had been made at a repair shop specified by the insurer. No insurer shall request or require that appraisals or repairs be made in a specified facility or repair shop. When a customer has chosen a repair facility, any attempt to change or restrict the claimant's decision [...] show full description
Latest Action: 01/15/2008 - Second Read and Referred S Small Business, Insurance & Industrial Relations Committee Bill TextSB 868 - This act makes it an unfair practice for an insurance company not to follow all components of a repair manual when appraising a damaged vehicle. Specifically, it is an unfair trade practice for an automobile insurance company to: 1) Modify any published manual or any automated appraisal system relating to auto body repair without prior agreement between the parties; 2) Fail to use a manual or automatic appraisal system in its entirety in the appraisal of a motor vehicle; or (3) Refuse to compensate an auto body shop for documented charges as identified through industry recognized software programs or systems for paint and refinishing materials in auto body repair claims. The provisions of this act shall not apply if the insurer and auto body repair facility have contracted under a direct repair program. If an insured or claimant elects to have his or her vehicle repaired at an auto body repair shop or his or her choice, the insurer shall not limit or discount the repair [...] show full description
Latest Action: 01/24/2008 - Second Read and Referred S Small Business, Insurance & Industrial Relations Committee Bill TextSB 986 - Under this act, every motor vehicle physical damage appraiser is required to give each consumer a written estimated price for labor and parts for specific motor vehicle repairs. The physical damage appraiser is required to describe in the estimate the major parts needed for the repair and shall designate whether parts will be new parts, used parts, rebuilt parts, repaired or aftermarket parts. The estimate shall indicate that the physical damage appraiser used a published flat rate manual or an automated system to determine the cost of the repairs. The flat rate manual shall be used in its entirety and without modification to establish the cost of repairing a vehicle. The act provides that if it is necessary to disassemble a vehicle in order to provide a written estimate, the estimate shall show the cost of any disassembly, diagnostics, storage and administrative fees if the consumer elects not to proceed with the repair of the vehicle. The estimate shall include the date [...] show full description
Latest Action: 05/16/2008 - S Calendar S Bills with H Amendments--SCS for SB 1008-Loudon, with HCS Bill TextHCS/SCS/SB 1008 - This act modifies various provisions relating to health insurance and automobile insurance. This act provides that in order to continue dependent coverage under certain health insurance plans on a child past a limiting age because of the child's physical or mental handicap, the enrollee must furnish proof of the child's incapacity and dependency within 31 days after the child reaching the limiting age. The current law states that such proof must be furnished at least 31 days after the child reaches the limiting age (section 354.536, 376.426, and 376.776) This act allows the director of the Department of Insurance, Financial Institutions, and Professional Registration to promulgate rules establishing the specific delivery method for submissions of rate filings, rules, license applications, and other insurance-related filings. The types of delivery methods shall be web-based interface systems such as the System for Electronic Rate Form Filing (SERFF), the National [...] show full description
Latest Action: 03/11/2008 - Public Hearing Completed (H) Bill Text HB 1996 - ASSIGNMENT OF COMPARATIVE FAULT - Pratt, Bryan
Prohibits insurers from assigning a percentage of fault to a party based solely upon the fact that the party was operating a motorcycle in an otherwise legal manner
Latest Action: 02/14/2008 - Second Read and Referred S Judiciary and Civil & Criminal Jurisprudence Committee Bill TextSB 1123 - This act establishes the Uninsured Motorist Stipulation of Benefits Act of 2008. An uninsured motorist involved in an accident with an insured motorist will waive his or her right to recover noneconomic damages. The uninsured motorist's right to recovery would be limited to economic damages. This waiver will not apply if it can be proven that the insured motorist caused the accident and was under the influence of drugs or alcohol or is convicted of vehicular assault or homicide. The act will not apply to a motorist whose insurance policy was terminated for failure to pay the premium unless notice of termination for failure to pay was provided by the insurer at least 30 days prior to the time of the accident. Under this act, passengers in the uninsured motor vehicle are not subject to the waiver (Section 303.390). This act is similar to SB 326 (2007), SB 839 (2006) and SCS/HB 417 (2005). STEPHEN J. WITTE
Latest Action: 02/20/2008 - Second Read and Referred S Pensions, Veterans' Affairs and General Laws Committee Bill TextSB 1148 - Under this act, all insurance companies authorized to write private automobile insurance within this state shall provide premium discounts for motor vehicles equipped with anti-theft mechanisms. The discounts shall apply to the comprehensive coverage and shall not be less than 10%. Some or all of the premium discounts required by the act may be omitted upon demonstration to the director that the discounts are duplicative of other discounts provided by the insurer. In no event shall the non-use of an anti-theft mechanism constitute grounds for an increase in policy premiums or cancellations or non-renewal of a private automobile insurance policy. Under the act, insurers may require reasonable evidence of installation of any anti-theft mechanism but the insurer may not make requests so onerous as to effectually discourage the owner of the automobile from seeking the applicable discount. STEPHEN WITTE
Latest Action: 05/16/2008 - Referred: Insurance Policy (H) Bill Text HB 2286 - UNINSURED MOTORISTS - Yates, Brian David
Establishes the Uninsured Motorist Stipulation of Benefits Act of 2008 which changes the laws regarding uninsured motorists
Latest Action: 03/31/2008 - SCS Voted Do Pass S Financial & Governmental Organizations and Elections Committee (5334S.02C) Bill TextSCS/SB 1202 - This act allows lending institutions to sell, charge a fee for, or finance as part of a loan, home and automobile security plans. These plans provide certain services relating to protection against home or auto emergencies and accidents. Lenders may not require the purchase of the plan as a condition for approval of the loan. Purchasers of the plans shall be entitled to cancel the transaction and receive a refund within 30 days of the purchase. Purchasers of the plans must provide written acknowledgment of their intent to purchase the plans. This act is similar to SB 466 (2008). CHRIS HOGERTY
Latest Action: 05/16/2008 - Referred: Conservation and Natural Resources (H) Bill Text HB 2498 - COLLISIONS WITH DEER - Quinn, John
Requires the Department of Conservation to pay the owner of a motor vehicle the first $250 of any damage caused to a motor vehicle that collides with a deer
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Latest Legislation - View All
Latest Action: 05/16/2008 - Referred: Conservation and Natural Resources (H) Bill Text HB 2498 - COLLISIONS WITH DEER - Quinn, John
Requires the Department of Conservation to pay the owner of a motor vehicle the first $250 of any damage caused to a motor vehicle that collides with a deer
Latest Action: 05/16/2008 - Referred: Insurance Policy (H) Bill Text HB 2286 - UNINSURED MOTORISTS - Yates, Brian David
Establishes the Uninsured Motorist Stipulation of Benefits Act of 2008 which changes the laws regarding uninsured motorists
Latest Action: 03/31/2008 - SCS Voted Do Pass S Financial & Governmental Organizations and Elections Committee (5334S.02C) Bill TextSCS/SB 1202 - This act allows lending institutions to sell, charge a fee for, or finance as part of a loan, home and automobile security plans. These plans provide certain services relating to protection against home or auto emergencies and accidents. Lenders may not require the purchase of the plan as a condition for approval of the loan. Purchasers of the plans shall be entitled to cancel the transaction and receive a refund within 30 days of the purchase. Purchasers of the plans must provide written acknowledgment of their intent to purchase the plans. This act is similar to SB 466 (2008). CHRIS HOGERTY
Latest Action: 02/20/2008 - Second Read and Referred S Pensions, Veterans' Affairs and General Laws Committee Bill TextSB 1148 - Under this act, all insurance companies authorized to write private automobile insurance within this state shall provide premium discounts for motor vehicles equipped with anti-theft mechanisms. The discounts shall apply to the comprehensive coverage and shall not be less than 10%. Some or all of the premium discounts required by the act may be omitted upon demonstration to the director that the discounts are duplicative of other discounts provided by the insurer. In no event shall the non-use of an anti-theft mechanism constitute grounds for an increase in policy premiums or cancellations or non-renewal of a private automobile insurance policy. Under the act, insurers may require reasonable evidence of installation of any anti-theft mechanism but the insurer may not make requests so onerous as to effectually discourage the owner of the automobile from seeking the applicable discount. STEPHEN WITTE
Latest Action: 02/14/2008 - Second Read and Referred S Judiciary and Civil & Criminal Jurisprudence Committee Bill TextSB 1123 - This act establishes the Uninsured Motorist Stipulation of Benefits Act of 2008. An uninsured motorist involved in an accident with an insured motorist will waive his or her right to recover noneconomic damages. The uninsured motorist's right to recovery would be limited to economic damages. This waiver will not apply if it can be proven that the insured motorist caused the accident and was under the influence of drugs or alcohol or is convicted of vehicular assault or homicide. The act will not apply to a motorist whose insurance policy was terminated for failure to pay the premium unless notice of termination for failure to pay was provided by the insurer at least 30 days prior to the time of the accident. Under this act, passengers in the uninsured motor vehicle are not subject to the waiver (Section 303.390). This act is similar to SB 326 (2007), SB 839 (2006) and SCS/HB 417 (2005). STEPHEN J. WITTE
Latest Action: 03/11/2008 - Public Hearing Completed (H) Bill Text HB 1996 - ASSIGNMENT OF COMPARATIVE FAULT - Pratt, Bryan
Prohibits insurers from assigning a percentage of fault to a party based solely upon the fact that the party was operating a motorcycle in an otherwise legal manner
Latest Action: 05/16/2008 - S Calendar S Bills with H Amendments--SCS for SB 1008-Loudon, with HCS Bill TextHCS/SCS/SB 1008 - This act modifies various provisions relating to health insurance and automobile insurance. This act provides that in order to continue dependent coverage under certain health insurance plans on a child past a limiting age because of the child's physical or mental handicap, the enrollee must furnish proof of the child's incapacity and dependency within 31 days after the child reaching the limiting age. The current law states that such proof must be furnished at least 31 days after the child reaches the limiting age (section 354.536, 376.426, and 376.776) This act allows the director of the Department of Insurance, Financial Institutions, and Professional Registration to promulgate rules establishing the specific delivery method for submissions of rate filings, rules, license applications, and other insurance-related filings. The types of delivery methods shall be web-based interface systems such as the System for Electronic Rate Form Filing (SERFF), the National [...] show full description
Latest Action: 01/24/2008 - Second Read and Referred S Small Business, Insurance & Industrial Relations Committee Bill TextSB 986 - Under this act, every motor vehicle physical damage appraiser is required to give each consumer a written estimated price for labor and parts for specific motor vehicle repairs. The physical damage appraiser is required to describe in the estimate the major parts needed for the repair and shall designate whether parts will be new parts, used parts, rebuilt parts, repaired or aftermarket parts. The estimate shall indicate that the physical damage appraiser used a published flat rate manual or an automated system to determine the cost of the repairs. The flat rate manual shall be used in its entirety and without modification to establish the cost of repairing a vehicle. The act provides that if it is necessary to disassemble a vehicle in order to provide a written estimate, the estimate shall show the cost of any disassembly, diagnostics, storage and administrative fees if the consumer elects not to proceed with the repair of the vehicle. The estimate shall include the date [...] show full description
Latest Action: 05/12/2008 - SCS Voted Do Pass S Small Business, Insurance & Industrial Relations Committee (3504S.05C) Bill TextSCS/SB 775 - Under this act, an insurer shall inform claimants of their rights to choose repair facilities of their choice. Insurers are prohibited from directing, referring, or otherwise influencing the claimant in the choice of repair facility or program other than the repair facility chosen by the claimant. All claims paid by an insurer for any loss to a motor vehicle shall be paid to the claimant, or to a repair facility that has a signed authorization by the owner of the vehicle, by check, electronic transfer, or other means that provides the claimant or repair facility immediate access to the funds. In addition, the insurer may not discount the repair amount on the basis that the repair would have cost less if it had been made at a repair shop specified by the insurer. No insurer shall request or require that appraisals or repairs be made in a specified facility or repair shop. When a customer has chosen a repair facility, any attempt to change or restrict the claimant's decision [...] show full description
Latest Action: 01/15/2008 - Second Read and Referred S Small Business, Insurance & Industrial Relations Committee Bill TextSB 868 - This act makes it an unfair practice for an insurance company not to follow all components of a repair manual when appraising a damaged vehicle. Specifically, it is an unfair trade practice for an automobile insurance company to: 1) Modify any published manual or any automated appraisal system relating to auto body repair without prior agreement between the parties; 2) Fail to use a manual or automatic appraisal system in its entirety in the appraisal of a motor vehicle; or (3) Refuse to compensate an auto body shop for documented charges as identified through industry recognized software programs or systems for paint and refinishing materials in auto body repair claims. The provisions of this act shall not apply if the insurer and auto body repair facility have contracted under a direct repair program. If an insured or claimant elects to have his or her vehicle repaired at an auto body repair shop or his or her choice, the insurer shall not limit or discount the repair [...] show full description
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