SB 396 — Motor Vehicle Insurance Coverage for Windshield Glass

Florida Senate - 2018 CS for CS for SB 396 By the CommitteeCommittees on BankingCommerce and Insurance;Tourism;

and SenatorsBanking Hukill, Young, and HutsonInsurance; 597-02154-18 2018396c1 A bill to be entitled An act relating to motor vehicle insurance coverage for windshield glass;

and Senators Hukill, Young, and Hutson 577-02606-18 2018396c2 A bill to be entitled An act relating to motor vehicle insurance coverage for windshield glass;

627.7288,559.920, F.S.;

authorizingprohibiting a motor vehicle insurancerepair policyshops providingor comprehensivetheir oremployees combinedfrom additionaloffering coverageanything of value to requirea ancustomer inspectionin ofexchange thefor damagedmaking windshieldan ofinsurance aclaim coveredfor motor vehicle beforeglass thereplacement windshield repair or replacementrepair, isincluding authorizedoffers bymade thethrough insurer;certain persons;

requiring that such inspections be performed by certain adjusters and within a specified timeframe, or the right to an inspection is waived;

prohibiting insurers from requiring inspections under certain circumstances;

1511 Be It Enacted by the Legislature of the State of Florida:

1713 Section 1. Section 627.7288,559.920, Florida Statutes, is amended to read:

627.7288 Comprehensive559.920 Unlawful coverage;acts and practices.—It shall be a violation of this act for any motor vehicle repair shop or employee thereof to:

deductible(1) Engage notor toattempt apply to motorengage vehiclein windshieldrepair glass.—work (1) Thefor deductiblecompensation provisions of any policytype ofwithout motorfirst vehiclebeing insurance,registered deliveredwith or issuedhaving insubmitted this state by an authorizedaffidavit insurer,of providingexemption comprehensive coverage or combined additional coverage are shall not be applicable to damage to the windshielddepartment; of any motor vehicle covered under such policy.

(2) A(2) Make policyor undercharge thisfor sectionrepairs maywhich requirehave annot inspectionbeen ofexpressly the damaged windshield of a covered motor vehicle before the windshield repair or replacementimpliedly is authorized by the insurer.customer;

An(3) Misrepresent inspectionthat requiredrepairs byhave anbeen insurermade must be performed by an adjuster licensed in this state who is an employee of the insured’s insurer and must be performed within 24 hours after notice of the claim, or the right to ana inspectionmotor isvehicle; waived.

However,(4) Misrepresent anthat insurercertain mayparts notand requirerepairs anare inspectionnecessary into anyrepair case where windshield damage has demonstrably impacted the structural integrity of the vehicle or where continued use of the vehicle would be a violationvehicle; of s.

316.610.(5) Misrepresent that the vehicle being inspected or diagnosed is in a dangerous condition or that the customer’s continued use of the vehicle may be harmful or cause great damage to the vehicle;

(6) Fraudulently alter any customer contract, estimate, invoice, or other document;

(7) Fraudulently misuse any customer’s credit card;

(8) Make or authorize in any manner or by any means whatever any written or oral statement which is untrue, deceptive or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue, deceptive or misleading;

(9) Make false promises of a character likely to influence, persuade, or induce a customer to authorize the repair, service, or maintenance of a motor vehicle;

(10) Substitute used, rebuilt, salvaged, or straightened parts for new replacement parts without notice to the motor vehicle owner and to her or his insurer if the cost of repair is to be paid pursuant to an insurance policy and the identity of the insurer or its claims adjuster is disclosed to the motor vehicle repair shop;

(11) Cause or allow a customer to sign any work order that does not state the repairs requested by the customer or the automobile’s odometer reading at the time of repair;

(12) Fail or refuse to give to a customer a copy of any document requiring the customer’s signature upon completion or cancellation of the repair work;

(13) Willfully depart from or disregard accepted practices and professional standards;

(14) Have repair work subcontracted without the knowledge or consent of the customer unless the motor vehicle repair shop or employee thereof demonstrates that the customer could not reasonably have been notified;

(15) Conduct the business of motor vehicle repair in a location other than that stated on the registration certificate;

(16) Rebuild or restore a rebuilt vehicle without the knowledge of the owner in such a manner that it does not conform to the original vehicle manufacturer’s established repair procedures or specifications and allowable tolerances for the particular model and year;

or (17) Offer to a customer a rebate, gift, gift card, cash, coupon, or any other thing of value in exchange for making an insurance claim for motor vehicle glass replacement or repair, including an offer made through a nonemployee who is compensated for the solicitation of insurance claims;

or (18)(17) Perform any other act that is a violation of this part or that constitutes fraud or misrepresentation.