Kentucky Senate Bill 5 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 2-0)
Status: Engrossed on March 19 2010 - 50% progression, died in committee
Action: 2010-03-22 - to Banking & Insurance (H)
Pending: House Banking and Insurance Committee
Text: Latest bill text (Draft #1) [MS Word]

Create a new section of Subtitle 12 of KRS Chapter 304 to define "claimant," "deceptive referral," "request or require," and "free market rate"; require an insurer to inform a claimant upon initial notification of a claim that the claimant has the right to choose the repair facility for repair of a damaged vehicle; prohibit an insurer from steering a claimant to use a specific person or business for motor vehicle repairs; prohibit an insurer from engaging in deceptive referral practices; prohibit an insurer or appraiser from steering a claimant to use a specified facility for appraisals or repairs; require all appraisals to contain a notice regarding the provisions of this section; require evidence of proof of financial responsibility or security regarding motor vehicles to contain a statement regarding an insured's right to choose a repair facility; require appraisers of motor vehicle damage claims to conduct a physical visual inspection of the vehicle and to leave an estimate of the damages with the repair facility; prohibit the alteration of an estimate of physical repair damage other than by an original appraiser; require the labor rate for damages paid to be based on the free market rate; require all claims to be paid within 30 days of notice of the claim and establish penalties for violations of this requirement; amend KRS 304.99-110 to establish a penalty for a violation of the section's provisions.

AN ACT relating to motor vehicle repair claims.

Sen. Gary Tapp [R]

Sen. Jack Westwood [R]

Date	Chamber	Action
2010-03-22		to Banking & Insurance (H)
2010-03-19		received in House
2010-03-18		3rd reading, passed 35-2 with Committee Substitute
2010-03-17		posted for passage in the Regular Orders of the Day for Thursday, March 18, 2010
2010-03-17		2nd reading, to Rules
2010-03-16		reported favorably, 1st reading, to Calendar with Committee Substitute
2010-01-06		to Banking & Insurance (S)
2010-01-05		introduced in Senate

Type	Source
Summary	http://www.lrc.ky.gov/record/10RS/SB5.htm
Text	http://www.lrc.ky.gov/record/10RS/SB5/bill.doc