By Mr. Nyman of Hanover, petition (accompanied by bill, House, No. 1046) of Robert J. Nyman and others relative to the choice of consumers in the selection of motor vehicle body repair shops.  Financial Services.

The Commonwealth of Massachusetts

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PETITION OF:

Robert J. Nyman

Barbara A. L'Italien

Kathi-Anne Reinstein

Donald F. Humason, Jr.

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In the Year Two Thousand and Seven.

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An Act relative to protecting a consumer's right to choice in collision automobile repairs.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 26 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended in Section 8G, by striking the words “No appraiser or insurer shall request or suggest that repairs be made in a specific repair shop,” and replacing it with the following:
No appraiser or employees of an independent appraisal company, insurance company or any of its employees, agents or representatives, or insurance agents licensed under M.G.L. Chapter 175 Section 163A or employees of insurance agents shall suggest, request or direct, in writing or verbally, that any claimant have repairs made in, or not in, any specific repair shop, or list of shops as authorized under M.G.L., Chapter 90, Section 34O.
Any violation of this provision shall result in minimum fine of $5,000 for the insurance company or agency and $500 for any appraiser or representative of an insurer.

SECTION 2. Chapter 90 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended in Section 34O, by striking the words “that no insurer or appraiser shall require that repairs to any motor vehicle be made at any specific repair shop, or list of shops; and,” and replace with the following:
No appraiser or employees of an independent appraisal company, insurance company or any of its employees, agents or representatives, or insurance agents licensed under M.G.L. Chapter 175 Section 163A or employees of insurance agents shall suggest, request or direct, in writing or verbally, that any claimant have repairs made in, or not in, any specific repair shop, or list of shops as authorized under this section.
Any violation of this provision shall result in minimum fine of $5,000 for the insurance company or agency and $500 for any appraiser or representative of an insurer.