PETITION OF:

SECTION 1. Upon enactment of this Act, the Division of Insurance shall be required to add new categories of information to the required annual reports of auto insurance carriers. Information for these reports are routinely generated and used by all carriers and/or their third-party billers of auto glass claims. These new categories shall include information regarding auto glass claims completed and paid during the year preceding the filing date of such reports. These new categories required by this Act, to be reported by all auto insurance carriers offering policies of insurance in the Commonwealth of Massachusetts shall be:

a) the total number of auto glass claims reported and paid for;

b) the total number of auto glass claims for the replacement of windshields that were reported and paid for;

c) the total number of auto glass claims for the repair of windshields that were reported and paid for; and,

d) the total number of auto glass claims for the replacement of tempered glass parts, generally the side and rear windows of most motor vehicles, reported and paid for; and,

e) the total number of auto glass claims for any and all other types of glass not included in this Section 1(a), (b), (c), and (d) above, reported and paid for.

SECTION 2. The Division of Insurance shall require all auto insurance carriers to additionally file a report consisting of a list of the twenty-five auto glass service providers that fulfilled and were paid for the most auto glass claims, in total, and in descending order. Such list shall include the company name and the total amount of claims it fulfilled and was paid for.

SECTION 3. The Division of Insurance shall require all auto insurance carriers which employ the services of a third-party biller to report, in writing, the company or entity name of the third-party biller. Further, the insurance carrier shall declare, in clear language, that it either has or does not have knowledge that the ownership of the business entity of such third-party biller is affiliated, either by stock ownership or such ownership by any direct family relative, with the ownership of a glass service provider company or entity. If such carrier acknowledges by written declaration that it possesses knowledge that the third-party biller it employs has such affiliation, then the carrier shall report, in writing, the name of such glass service provider company or entity.

SECTION 4. All information and reports required by Section 1, Section 2, and Section 3 of this Act shall be made available at the same time all other annual reports are made available, and archived for the same period of time as all other annual reports, in the public records department of the Division of Insurance.

SECTION 5. Failure to file all required information with the Division of Insurance, coinciding with the deadline for all other required annual reports, shall be a violation of this Act. Such violation shall result in a fine of $2,000.00. Failure to file all required information for two consecutive years shall result in an additional fine of $5,000.00, and the carrier shall be subject to an investigation into the failure to file such reports by the Division of Insurance. This Act shall grant the authority to levy such fine(s) to the Insurance Commissioner.