Bray’s Report

On March 8th, the California Senate Bill 350 has been amended. See below for the info.

BILL NUMBER: SB 350	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 8, 2010
	AMENDED IN ASSEMBLY  JANUARY 12, 2010
	AMENDED IN SENATE  MARCH 31, 2009

INTRODUCED BY   Senator Yee

                        FEBRUARY 25, 2009

   An act to  repeal Sections 9875.1 and 9875.2 of, to repeal and
add Section 9875 of, and to  repeal Chapter 20.1 (commencing
with Section 9875) of Division 3 of  ,  the Business and
Professions Code, and to add Section 790.20 to the Insurance Code,
relating to  motor vehicle insurance  
aftermarket crash parts  .

	LEGISLATIVE COUNSEL'S DIGEST

   SB 350, as amended, Yee. Aftermarket crash parts.
   Existing law prohibits an insurer from requiring the use of
nonoriginal equipment manufacturer aftermarket crash parts in the
repair of an insured's motor vehicle unless the consumer is advised
in a written estimate before repairs are made that nonoriginal
equipment manufacturer aftermarket crash parts will be used.
   This bill would  instead   in addition 
prohibit the use of nonoriginal equipment manufacturer aftermarket
crash parts unless specified requirements are met, including 
that those  parts are at least equal to the original equipment
manufacturer parts in terms of kind, quality, safety, fit, and
performance; the insurer so warrants; the insurer pays the cost of
any modifications to those parts necessary to effect the repair; and
all original and nonoriginal equipment manufacturer aftermarket crash
parts, manufactured on or after January 1, 2011, when supplied by
auto body repair shops contain specified identification.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Chapter 20.1 (commencing with
Section 9875) of Division 3 of the Business and Professions Code is
repealed. 
   SECTION 1.    Section 9875 of the   Business
and Professions Code   is repealed.  
   9875.  As used in this chapter, the following definitions shall
apply:
   (a) "Insurer" includes an insurance company and any person
authorized to represent the insurer with respect to a claim.
   (b) "Aftermarket crash part" means a replacement for any of the
nonmechanical sheet metal or plastic parts which generally constitute
the exterior of a motor vehicle, including inner and outer panels.
   (c) "Nonoriginal equipment manufacturer (Non-OEM) aftermarket
crash part" means aftermarket crash parts not made for or by the
manufacturer of the motor vehicle. 
   SEC. 2.    Section 9875 is added to the  
Business and Professions Code   , to read:  
   9875.  (a) Provisions regulating the use of nonoriginal equipment
manufacturer aftermarket crash parts in insured repair work are
codified in Section 790.20 of the Insurance Code.
   (b) This chapter shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
   SEC. 3.    Section 9875.1 of the   Business
and Professions Code   is repealed.  
   9875.1.  No insurer shall require the use of nonoriginal equipment
manufacturer aftermarket crash parts in the repair of an insured's
motor vehicle, unless the consumer is advised in a written estimate
of the use of nonoriginal equipment manufacturer aftermarket crash
parts before repairs are made. In all instances where nonoriginal
equipment manufacturer aftermarket crash parts are intended for use
by an insurer:
   (a) The written estimate shall clearly identify each such part
with the name of its nonoriginal equipment manufacturer or
distributor.
   (b) A disclosure document containing the following information in
10-point type or larger type shall be attached to the insured's copy
of the estimate: "This estimate has been prepared based on the use of
crash parts supplied by a source other than the manufacturer of your
motor vehicle. Any warranties applicable to these replacement parts
are provided by the manufacturer or distributor of the parts, rather
than by the original manufacturer of your vehicle." 
   SEC. 4.    Section 9875.2 of the   Business
and Professions Code   is repealed.  
   9875.2.  Any violation of this chapter shall be enforced by the
penalties provided in Section 790.06 of the Insurance Code. 

   SEC. 2.   SEC. 5.   Section 790.20 is
added to the Insurance Code, to read:
   790.20.  (a) An insurer shall not require the use of nonoriginal
equipment manufacturer aftermarket crash parts in the repair of an
insured's motor vehicle, unless all of the following requirements are
met:
   (1) The parts are at least equal to the original equipment
manufacturer parts in terms of kind, quality, safety, fit, and
performance.
   (2) The insurer specifying the use of nonoriginal equipment
manufacturer aftermarket crash parts shall pay the cost of any
modifications to the parts that may become necessary to effect the
repair.
   (3) The insurer specifying the use of nonoriginal equipment
manufacturer aftermarket crash parts shall warrant that those parts
are of like kind, quality, safety, fit, and performance as original
equipment manufacturer aftermarket crash parts.
   (4) All original and nonoriginal equipment manufacturer
aftermarket crash parts, manufactured on or after January 1, 2011,
when supplied by auto body repair shops, as defined in Section
9889.51 of the Business and Professions Code, shall carry sufficient
permanent, nonremovable identification so as to identify the
manufacturer. This identification shall be accessible to the greatest
extent possible after installation. 
   (b) An insurer shall not require the use of nonoriginal equipment
manufacturer aftermarket crash parts in the repair of an insured's
motor vehicle, unless the consumer is advised in a written estimate
of the use of nonoriginal equipment manufacturer aftermarket crash
parts before repairs are made. In all instances where nonoriginal
equipment manufacturer aftermarket crash parts are intended for use
by an insurer:  
   (1) The written estimate shall clearly identify each part with the
name of its nonoriginal equipment manufacturer or distributor. 

   (2) A disclosure document containing the following information in
10-point type or larger type shall be attached to the insured's copy
of the estimate: "This estimate has been prepared based on the use of
crash parts supplied by a source other than the manufacturer of your
motor vehicle. Any warranties applicable to these replacement parts
are provided by the manufacturer or distributor of the parts, rather
than by the original manufacturer of your vehicle."  
   (b) 
    (c)  For purposes of this section, the following
definitions shall apply:
   (1) "Aftermarket crash part" means a replacement for any of the
nonmechanical sheet metal or plastic parts that generally constitute
the exterior of a motor vehicle, including inner and outer panels.
   (2) "Insurer" includes an insurance company and any person
authorized to represent the insurer with respect to a claim.
   (3) "Nonoriginal equipment manufacturer aftermarket crash part"
means aftermarket crash parts not made for or by the manufacturer of
the motor vehicle. 
   (c) 
    (d)  Any violation of this section shall be enforced
pursuant to Section 790.06.

Here’s yet another story of fraud and auto body repair scams. Click here for the story.

Well, this was an interesting transcript. A non-standard auto insurance adjuster called into Rush Limbaugh’s show and explained how people game the auto insurance system. Click here to read it.

Usually once a year we have clients ask us why average appraisal values in Northern California are higher than Southern California. Well, the answer is simple… Labor rates are much higher in Northern California.

Here’s some examples below:

Average Body Rate in Norcal $72   Socal $40

Average Mechanical Rate in Norcal $74  Socal $68

According to this article you can click on, Nationwide is instituting a disappearing deductible based on the years a driver has no accidents. Will this new program add more insureds? Click here for the story we found.

Click here to read an interesting story on how a California prison guard  faked the theft of his custom motorcycle and then made an insurance claim for it.

According to this article, Tampa is knocking Miami out of the top spot for auto insurance fraud. Click here to see the story we found!

It’s always interesting when it’s the independent auto damage appraiser  who is tagged with the “blame” by insurance adjusters when there is a dispute about the repair process with a body shop. There’s always the “The body shop says you’re appraiser is wrong” attitude.  Well, this article shows that some shops are far from innocent.  Click here for this nugget.

SB105, Would increase that amount to $50,000 that an injured person can get from an insurance company in arbitration at from the present $25,000

SB62 would requires insurance companies, in instances in which their client was hit by a noninsured or under-insured person, to provide a written response to the customer’s demand of coverage in a “reasonable amount of time,” and the insurance company of the underinsured must pay the covered person’s demand (or their insurance company’s demand) immediately.

SB70 with a favorable recommendation. The bill would limit parents’ liability to the amount of insurance they have purchased if their minor children crash a car they let them drive if there’s injury or death of one person.