82
nd Legislative Session _ 2007
43fa
On page
1 of the printed bill,
delete lines
4 to 10
, inclusive, and insert:
"
10-50-9.
Each person, except a retailer, engaging in the business of selling cigarettes or tobacco
products in this state, including any distributor or wholesaler, shall secure a license therefore from
the secretary of revenue and regulation. A separate application and license is required for each
wholesale outlet
when
if
a person owns or controls more than one place of business dealing in
cigarettes or tobacco products.
Each person selling cigarettes or tobacco products at retail shall
register with the Department of Revenue and Regulation. A separate registration is required for each
retail outlet operated within the state. No fee may be charged for this registration.
Any person, except a retailer, who sells, offers for sale, or possesses with intent to sell, any
cigarettes or tobacco products, without a license
or registration
commits a petty offense.".
On page
1
,
delete lines
11 to 15
, inclusive.
On page
2
,
delete lines
1 and 2
.
On page
2
,
line 17,
delete "
or
,
wholesaler
, or dealer
"
and insert "or wholesaler
or the registration
of a dealer
".
On page
3
,
delete lines
14 to 17
, inclusive, and insert "possessed in violation of this chapter.
Each dealer shall keep documents establishing that the cigarettes and tobacco products in the dealer's
inventory were purchased from a distributor or wholesaler licensed by the State of South Dakota.
The documents shall be kept for at least three months. If the documents are not stored at the dealer's
registered location, the documents shall be made available in physical or electronic form to the
secretary within five business days of the receipt of the request from the secretary.
".
On page
4
,
line 14,
delete "
licensing
"
and insert "
registration
".
On page
4
,
after line 14, insert:
"
Section 8. That
§
10-50-16
be amended to read as follows:
10-50-16.
Any person who sells any cigarettes or tobacco products after such person's license
or
registration
has been revoked commits a petty offense, and all cigarettes or tobacco products in such
person's possession shall be seized and forfeited to the state pursuant to chapter 23A-37.
".
43jta
On page
1,
line 1 of the printed bill,
delete "
licensing
"
and insert "registration".
165ja
On page
1,
line 13 of the printed bill,
after "
who
"
insert ", for compensation or gain,".
On page
2
,
line 6,
after "
person
"
insert "acting under the supervision of a licensee and".
On page
2
,
line 8,
delete "
residential
"
.
On page
2
,
line 10,
delete "
residential
"
.
On page
2
,
line 14,
delete "
residential
"
.
On page
3
,
delete lines
4 and 5
, and insert:
"
Section 4. Each applicant for licensure and registration under this Act shall submit to a state and
federal criminal background investigation by means of fingerprint checks by the Division of
Criminal Investigation and the Federal Bureau of Investigation. Upon application, the Division of
Banking shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon
completion of the criminal background check, the Division of Criminal Investigation shall forward
to the Division of Banking all information obtained as a result of the criminal background check. The
Division of Banking may require a state and federal criminal background check for any licensee who
is the subject of a disciplinary investigation by the division. Failure to submit or cooperate with the
criminal background investigation is grounds for denial of an application or may result in revocation
of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal
background investigation. Any applicant who has previously completed a background check in
another jurisdiction in anticipation of receiving a license or registration in that jurisdiction may have
the results of such a background check forwarded to the division in satisfaction of this requirement.".
On page
3
,
line 11,
after "
Act
"
insert "is".
On page
3
,
line 16,
after "
.
"
insert "Any license granted by the division prior to the
implementation of this Act is valid until December 31, 2007.".
On page
3
,
line 19,
after "
.
"
insert "Any licensee or registrant that files for renewal after
December first and before January first of the next calendar year shall pay a late fee in addition to
the renewal fee. The late fee, not to exceed twenty-five percent of the renewal fee, shall be
established by the director by rules promulgated pursuant to chapter 1-26. After January first no
license may be issued unless an application is filed pursuant to sections 2 to 5, inclusive, of this
Act.".
On page
4
,
line 4,
delete "
licensing under
"
and insert "the provisions of".
On page
5
,
line 6,
delete "
fifty
"
and insert "twenty-five".
On page
5
,
delete line
13
, and insert "time the bond is in force.".
On page
5
,
line 14,
after "
The
"
insert "bond may be continuous, and regardless of how long the
bond remains in force, the".
On page
5
,
line 15,
after "
.
"
insert "The bond may be cancelled by the surety upon thirty days
notice to the licensee and the director, and the surety's liability on the bond shall also terminate upon
the effective date of any suspension or revocation of the license.".
On page
6
,
line 14,
after "
revoked
"
insert "or cancelled by the surety".
165jb
On page
4,
line 4 of the printed bill,
after "
entities
"
insert "and their employees and exclusive
agents".
Moved by: Gray
Second by: Dempster
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 165 AS AMENDED
Moved by: Gray
Second by: Dempster
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Abdallah, Dempster, Katus, Koetzle, Turbak, Gray, McCracken
SB 147: revise the definition of wages for unemployment insurance.
Presented by: Senator Brock Greenfield
Proponents: Don Kattke, SD Department of Labor
MOTION:
DO PASS SB 147
Moved by: Dempster
Second by: Katus
Action: Prevailed by roll call vote.(6-1-0-0)
Voting Yes: Abdallah, Dempster, Katus, Turbak, Gray, McCracken
Voting No: Koetzle
SB 48: adopt consumer protection standards for property casualty insurance claims.
The committee previously heard testimony on this bill on January 25, 2007.
Proponents: Merle Scheiber, Division of Insurance (review of bill and amendments)
Randy Moses, Division of Insurance (review of bill and amendments)
Opponents: Dave Gerdes, General Motors Corporation
Dick Tieszen, State Farm Insurance
Mike Shaw, Property and Casualty Insurance
Dennis Duncan, SD Assn. Of Mutual Insurance Co. & SD Insurance Alliance
Larry Nelson, American International Group, Inc.
MOTION:
AMEND SB 48
48jc
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
Terms used in this Act mean:
(1) "Agent," any person, corporation, association, partnership, or other legal entity authorized
to represent an insurer with respect to a claim;
(2) "Claim file," any retrievable electronic file, paper file, or combination of both related to
a claim arising under an insurance policy or contract;
(3) "Claimant," an insured or legal representative of an insured, including a member of the
insured's immediate family designated by the insured, making a claim under a policy.
Unless otherwise specified, claimant does not include a third party claimant;
(4) "Comparable motor vehicle," when compared to the insured motor vehicle, a motor
vehicle that is of the same manufacturer, same or newer year, similar body style, similar
options and mileage, in as good or better overall condition, available for inspection at a
licensed dealer within a reasonable distance of the insured's residence;
(5) "Days," calendar days;
(6) "Documentation," includes all pertinent communications, transactions, notes, work
papers, claim forms, bills, and explanation of benefits forms relative to the claim;
(7) "First party claimant," any person, corporation, association, partnership, or other legal
entity asserting a right to payment under an insurance policy or insurance contract arising
out of the occurrence of the contingency or loss covered by the policy or contract;
(8) "Investigation," any activity of an insurer directly or indirectly related to the determination
of liabilities under coverages afforded by an insurance policy or insurance contract;
(9) "Notification of claim," any notification, whether in writing or other means acceptable
under the terms of an insurance policy, to an insurer or its agent by a claimant, which
reasonably apprises the insurer of the facts pertinent to a claim;
(10) "Proof of loss," written proofs, such as claim forms, medical bills, medical authorizations,
or other reasonable evidence of the claim that is customarily required of all insureds or
beneficiaries submitting the claims;
(11) "Reasonable explanation," information sufficient to enable the insured to compare the
allowable benefits with policy provisions and determine whether proper payment has been
made;
(12) "Replacement crash part," sheet metal or plastic parts which generally constitute the
exterior of a motor vehicle, including inner and outer panels;
(13) "Written communications," includes all correspondence, regardless of source or type that
is materially related to the handling of the claim.
Section 2. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
The provisions of this Act set forth minimum standards for the investigation and disposition of
first party property and casualty claims arising under contracts or certificates issued to residents of
this state and do not apply to claims involving workers' compensation, fidelity, suretyship, or boiler
and machinery insurance. Nothing in this Act may be construed to create or imply a private cause
of action for violation of this Act nor may be construed to create or imply third party bad faith.
Section 3. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
No insurer may fail to fully disclose to claimants all pertinent benefits, coverages, or other
provisions of a policy or contract under which a claim is presented.
Section 4. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
No claim may be denied on the basis of failure to exhibit property unless there is documentation
of breach of the policy provisions in the claim file. No insurer may deny a claim based upon the
failure of a claimant to give written notice of loss within a specified time limit unless the written
notice is a written policy condition, or claimant's failure to give written notice after being requested
to do so is so unreasonable as to constitute a breach of the claimant's duty to cooperate with the
insurer.
Section 5. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
No insurer may indicate to a claimant on a payment draft, check, or in any accompanying letter
that the payment is final or a release of any claim unless the policy limit has been paid or there has
been a compromise settlement agreed to by the claimant and the insurer as to coverage and amount
payable under the contract.
No insurer may issue any check or draft in partial settlement of a loss or claim under a specific
coverage that contains language purporting to release the insurer or its insured from total liability.
Any payment of a claim to a claimant shall be made payable to the claimant only and may not
include other persons unless either there is written permission given by the claimant or the additional
payee is listed as loss payee or mortgagee on the policy. If a claimant or third party claimant requests
in writing the inclusion of an additional payee, the insurer shall honor that request.
Section 6. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
Every insurer, upon receiving notification of a claim, shall acknowledge the receipt of the notice
within a reasonable period of time. Payment of the claim may be made in lieu of an
acknowledgment. If an acknowledgment is made by means other than writing, an appropriate
notation of the acknowledgment shall be made in the claim file of the insurer and dated. Notification
of a claim given to an agent of an insurer is notification to the insurer.
A reply shall be made within a reasonable period of time on all other pertinent communications
from a claimant which reasonably suggest that a response is expected. The reply must acknowledge
receipt of the claim communication and include what steps the insurer intends to take in response
to the communication and what steps the claimant needs to take.
Every insurer, upon receiving notification of claim, shall within a reasonable period of time
provide necessary claim forms, instructions, and reasonable assistance to allow the claimant to
comply with the policy conditions and the insurer's reasonable requirements.
Section 7. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
Upon receipt by the insurer of properly executed proofs of loss, the claimant shall, within a
reasonable period of time, be advised of the acceptance or denial of the claim by the insurer. No
insurer may deny a claim on the grounds of a specific policy provision, condition, or exclusion
unless reference to such provision, condition, or exclusion is included in the denial. Any denial shall
be given to the claimant in writing and the claim file of the insurer shall contain documentation of
the denial as required by
§
58-3-7.4.
If there is a reasonable basis supported by specific information available for review by the
division that the claimant has fraudulently caused or contributed to the loss, the insurer is relieved
from the requirements of this section. After receipt by the insurer of a properly executed proof of
loss, the claimant shall be advised of the acceptance or denial of the claim within a reasonable time
for full investigation.
Section 8. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
If the insurer needs more time to determine whether a claim should be accepted or denied, the
insurer shall, within a reasonable period of time, notify the claimant after receipt of the proofs of
loss, giving the reasons more time is needed. If the investigation remains incomplete, the insurer
shall correspond with the claimant at reasonable intervals and include in that correspondence the
reason for needing additional time.
If there is a reasonable basis supported by specific information available for review by the
division for suspecting that the claimant has fraudulently caused or contributed to the loss, the
insurer is relieved from the requirements of this section. After receipt by the insurer of a properly
executed proof of loss, the claimant shall be advised of the acceptance or denial of the claim by the
insurer within a reasonable time for full investigation.
No insurer may fail to settle claims on the basis that responsibility for payment should be
assumed by others except as may be provided by policy provisions.
Section 9. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
An insurer shall provide written notice to a claimant and a third party claimant of the statute of
limitations if the claimant or third party claimant is not represented by counsel and if the claim
remains open until sixty days prior to the expiration of the statute of limitations. The notice must be
provided no earlier than sixty days prior to and no later than thirty days prior to the expiration of the
statute of limitations.
Section 10. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
The insurer shall affirm or deny liability on claims within a reasonable time and shall, within a
reasonable period of time, tender payment after affirmation of liability, if the amount of the claim
is determined and not in dispute. In claims where multiple coverages are involved, payments which
are not in dispute and where the payee is known shall be made within a reasonable period of time.
Section 11. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
No insurer may require any claimant to submit to a polygraph examination.
Section 12. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
No insurer may pay or offer to pay a claimant an amount less than what is required under the
terms of the policy or any applicable legal requirement. If, after an insurer denies a claim, the
claimant objects to the denial, the insurer shall notify the claimant in writing that the claimant may
have the matter reviewed by the division and provide the address and phone number of the division.
Section 13. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
Any insurer covering motor vehicles shall provide for settlement of a claim, less any applicable
deductible, using one of the following methods:
(1) Cost of the repairs;
(2) Actual cash value; or
(3) Replacement cost.
If the settlement of a claimant's motor vehicle total loss is on the basis of actual cash value or
replacement with a comparable motor vehicle, one of the methods provided in sections 14 to 18,
inclusive, of this Act shall apply.
Section 14. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
The insurer may elect to offer a replacement motor vehicle that is a comparable motor vehicle.
The insurer shall pay all applicable taxes, license fees, and other fees incident to transfer of evidence
of ownership of the motor vehicle paid, at no cost other than any deductible provided in the policy.
The offer and any rejection by the claimant shall be documented in the claim file.
Section 15. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
The insurer may, as a means of determining the actual cash value of the motor vehicle, elect a
cash settlement based upon the actual cost, less any deductible provided in the policy, to purchase
a comparable motor vehicle including all applicable taxes, license fees, and other fees incident to
transfer of evidence of ownership of a comparable motor vehicle. Any differences in the claimant's
motor vehicle compared to a similar motor vehicle in the local market area that are attributable to
normal cleaning and similar minor appearance alterations by a dealer to make the motor vehicle
ready for sale may not be used to determine that the vehicle is not comparable. Actual cost may be
derived from:
(1) The cost of two or more comparable motor vehicles in the local market area if the motor
vehicles are available or were available within the last ninety days to consumers in the
claimant's local market area;
(2) One of two or more quotations obtained by the insurer from two or more licensed dealers
located within the local market area if the cost of comparable motor vehicles are not
available pursuant to subdivision (1); or
(3) Any source for determining statistically valid fair market values that meet all of the
following criteria:
(a) The source shall give primary consideration to the values of motor vehicles in the
local market area and may consider data on motor vehicles outside the area;
(b) The source's database shall produce values for at least eighty-five percent of all
makes and models for the last fifteen model years taking into account the values
of all major options for such motor vehicles; and
©) The source shall produce fair market values based on current data available from
the area surrounding the location where the insured motor vehicle was principally
garaged, or add data as is necessary, to assure statistical validity.
If the cost of repair of the motor vehicle is less than the actual cash value of the motor vehicle
then the insurer must pay at least the cost of repair. For the purposes of this section, actual cash value
may not include an adjustment for salvage. If the claim is paid based upon the cost of repair, the cost
of the repair including labor shall be paid to the claimant regardless of whether the motor vehicle is
repaired.
Section 16. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
If the insurer is notified within thirty-five days of the receipt of the claim draft that the claimant
cannot purchase a comparable motor vehicle for the market value, the insurer shall reopen its claim
file and the following procedures shall apply:
(1) The insurer may locate a comparable motor vehicle by the same manufacturer, same year,
similar body style, and similar options and price range for the claimant for the market
value determined by the insurer at the time of settlement. Any such motor vehicle must
be available through licensed dealers;
(2) The insurer shall either pay the claimant the difference between the market value before
applicable deductions and the cost of the comparable motor vehicle of like kind and
quality which the claimant has located, or negotiate and effect the purchase of this motor
vehicle for the claimant; or
(3) The insurer may elect to offer a replacement in accordance with the provisions set forth
in section 14 of this Act.
Section 17. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
The insurer is not required to take action under section 16 of this Act if its documentation to the
claimant at the time of settlement included written notification of the availability and location of a
specific and comparable motor vehicle. The documentation shall include the motor vehicle
identification number.
Section 18. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
Any deductions from actual cash value, including a deduction for salvage if the claimant retains
the vehicle, shall be reasonable, measurable, discernible, itemized, and specified as to dollar amount.
The basis for the settlement shall be fully explained to the claimant.
Section 19. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
No insurer may require a claimant to travel an unreasonable distance either to inspect a
replacement motor vehicle, to obtain a repair estimate, or to have the motor vehicle repaired at a
specific repair shop.
Section 20. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
Each insurer shall include the claimant's deductible, if any, in subrogation demands. Subrogation
recoveries shall be shared on a proportionate basis with the claimant, unless the deductible amount
has been otherwise recovered. No deduction for expenses may be made from the deductible recovery
unless an outside attorney is retained to collect the recovery. The deduction may then be for only a
pro rata share of the allocated loss adjustment expense.
Section 21. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
If partial losses are settled on the basis of a written estimate prepared by or for the insurer, the
insurer shall supply the claimant with a copy of the estimate upon which the settlement is based. The
estimate prepared by or for the insurer shall be reasonable, in accordance with applicable policy
provisions, and in an amount which will allow for repairs to be made in a workmanlike manner. If
the claimant subsequently claims, based upon a written estimate which the claimant obtains, that
necessary repairs will exceed the written estimate prepared by or for the insurer, the insurer shall pay
the difference between the estimates, or, within a reasonable period of time, provide the claimant
with the name of at least one repair shop that will make the repairs for the amount of the written
estimate. If the insurer designates two or fewer such repairers, the insurer shall assure that the repairs
are performed in a workmanlike manner. The insurer shall maintain documentation of all such
communications.
Section 22. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
If the insurer reduces a claim offer or settlement because of betterment or depreciation all
information for the reduction shall be documented in the claim file. Each deduction shall be
itemized, specified as to dollar amount, and shall be reasonable.
Section 23. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
If the insurer recommends or offers the repair be done at a specific motor vehicle repair shop,
the insurer shall, within a reasonable period of time, cause the damaged motor vehicle to be restored
to its condition prior to the loss at no additional cost to the claimant other than as stated in the policy.
Section 24. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
The insurer shall provide reasonable notice to a claimant prior to termination of payment for
motor vehicle storage charges. The insurer shall allow reasonable time for the claimant to remove
the motor vehicle from storage prior to the termination of payment.
Section 25. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
Unless the insurer has provided a claimant with the name of a specific towing company prior to
the claimant's use of another towing company, the insurer shall pay all reasonable towing charges
irrespective of the towing company used by the claimant.
Section 26. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
Betterment deductions are allowed only if the betterment deductions reflect the general overall
condition of the motor vehicle, considering its age, for either or both of the following:
(1) The wear and tear or rust, limited to no more than a deduction of one thousand dollars;
(2) Missing parts, limited to no more of a deduction than the replacement costs of the part or
parts.
Betterment is not allowed unless the repairs or replaced parts increase the market value of the
motor vehicle as a whole.
Section 27. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
Any deductions set forth in section 25 of this Act shall be measurable, itemized, specified as to
dollar amount, and documented in the claim file.
Section 28. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
No insurer may require the claimant to supply parts for replacement.
Section 29. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
All replacement crash parts shall be identified and be of the same quality as the original part.
No insurer may require the use of replacement crash parts in the repair of a motor vehicle unless
the replacement crash part is at least equal in kind and quality to the original part in terms of fit,
quality, and performance. Any insurer specifying the use of replacement crash parts shall consider
the cost of any modifications which may become necessary when making the repair.
Section 30. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
For any motor vehicle that was purchased as new that is less than two years old on the date of
the loss and has less than thirty thousand miles on the odometer on the date of loss, the insurer shall
offer to use new original equipment manufacturer parts. For any other motor vehicle, the insurer
may, at its option, adjust the loss based upon original equipment manufacturer parts, nonoriginal
equipment manufacturer parts, or used parts of like kind and quality.
Section 31. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
In any property coverage for the roof of a structure, the insurer, in reimbursing the insured for
the repairs, shall cover the full cost of the repairs less any applicable deductible. The full cost of
repairs includes any removal of all old shingles, provided that those shingles must be removed to
complete repair or replacement of damaged shingles or other roof parts. If the roof is covered on a
replacement basis or actual cash value basis, the post claim existence of prior damage, except
damage paid for under a policy or previously known by the claimant to have been damaged but not
reported as a claim, may not be used to reduce the claim payment. Nothing in this Act requires a loss
to a roof to be paid on a replacement cost basis if the policy provides for the losses to be reimbursed
on an actual cash value basis. The insurer may deduct from the amount owed to repair any damage
that occurred prior to the inception of the policy unless the covered loss could not be repaired
without also repairing the prior damage.
For any property coverage for fire and extended coverage policies, when a loss requires repair
or replacement of an item or part, any consequential physical damage incurred in making such repair
or replacement not otherwise excluded by the policy, shall be included in the loss. The claimant may
not be required to pay for betterment nor any other cost except for the applicable deductible.
Section 32. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
Depreciation reductions, where not otherwise prohibited and where provided for in the policy,
may be used but shall be based on the life expectancy of the insured property and reduced by the
percentage of age of the property to the life expectancy. Generally accepted industry guides may be
used for the calculation of life expectancy, but the actual condition of the insured property shall be
taken into account.
Section 33. That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
The director may promulgate rules pursuant to chapter 1-26 to carry out the purposes of this Act.
In promulgating any rules, the director shall consider the impact of the rule on the cost and
availability of property casualty insurance in this state and the degree of protection that the rule will
have for the insurance buying public in this state. The rules shall be limited to the following areas
of property casualty claims:
(1) Definition of terms;
(2) Claim handling procedures;
(3) Timeliness;
(4) Appropriateness of repairs;
(5) Determining actual cash value;
(6) Notices and communications to claimants; and
(7) Valuation."
48jf
In the previously adopted amendment (48jc), on the last line of section 30, delete "of like kind
and quality." and insert". Any nonoriginal equipment manufacturer parts or used parts specified by
the insurer shall be of like kind and quality to the original parts in terms of fit, quality, and
performance. Nothing in this section may be construed as limiting the right of a third party claimant
to have the vehicle repaired with new, original equipment manufacturer parts."
48je
In the previously adopted amendment (48jc) at the end of section 9 insert "This section does not
apply unless there are active negotiations between the parties sixty days prior to the expiration of the
statute of limitations."
In the previously adopted amendment (48jc) at the end of section 21 insert "This section only
applies to personal lines property casualty claims."
In the previously adopted amendment (48jc) at the end insert:
"
Section 34. Sections 22 to 30, inclusive, of this Act only apply to automobile insurance claims."