SENATE BILL No. 164 - Indiana General Assembly
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Introduced Version
SENATE BILL No. 164
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 24-5-0.5; IC 27-4-1.5.
Synopsis: Motor vehicle repairs. Prohibits certain activities by an
adjuster, insurer, insurance producer, or other representative of an
insurer in connection with a motor vehicle repair. Makes certain
activities by a repair shop in connection with a motor vehicle repair for
which insurance coverage is available deceptive acts.
Effective: July 1, 2018.
Messmer
January 3, 2018, read first time and referred to Committee on Insurance and Financial
Institutions.
2018 IN 164—LS 6397/DI 97Introduced
Second Regular Session 120th General Assembly (2018)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2017 Regular Session of the General Assembly.
SENATE BILL No. 164
A BILL FOR AN ACT to amend the Indiana Code concerning
insurance.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 24-5-0.5-2, AS AMENDED BY P.L.105-2017,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2018]: Sec. 2. (a) As used in this chapter:
4 (1) "Consumer transaction" means a sale, lease, assignment,
5 award by chance, or other disposition of an item of personal
6 property, real property, a service, or an intangible, except
7 securities and policies or contracts of insurance issued by
8 corporations authorized to transact an insurance business under
9 the laws of the state of Indiana, with or without an extension of
10 credit, to a person for purposes that are primarily personal,
11 familial, charitable, agricultural, or household, or a solicitation to
12 supply any of these things. However, the term includes the
13 following:
14 (A) A transfer of structured settlement payment rights under
15 IC 34-50-2.
16 (B) An unsolicited advertisement sent to a person by telephone
17 facsimile machine offering a sale, lease, assignment, award by
2018 IN 164—LS 6397/DI 972
1 chance, or other disposition of an item of personal property,
2 real property, a service, or an intangible.
3 (C) The collection of or attempt to collect a debt by a debt
4 collector.
5 (D) The repair of damage to a motor vehicle for which
6 coverage under an insurance policy is available.
7 (2) "Person" means an individual, corporation, the state of Indiana
8 or its subdivisions or agencies, business trust, estate, trust,
9 partnership, association, nonprofit corporation or organization, or
10 cooperative or any other legal entity.
11 (3) "Supplier" means the following:
12 (A) A seller, lessor, assignor, or other person who regularly
13 engages in or solicits consumer transactions, including
14 soliciting a consumer transaction by using a telephone
15 facsimile machine to transmit an unsolicited advertisement.
16 The term includes a manufacturer, wholesaler, or retailer,
17 whether or not the person deals directly with the consumer.
18 (B) A debt collector.
19 (4) "Subject of a consumer transaction" means the personal
20 property, real property, services, or intangibles offered or
21 furnished in a consumer transaction.
22 (5) "Cure" as applied to a deceptive act, means either:
23 (A) to offer in writing to adjust or modify the consumer
24 transaction to which the act relates to conform to the
25 reasonable expectations of the consumer generated by such
26 deceptive act and to perform such offer if accepted by the
27 consumer; or
28 (B) to offer in writing to rescind such consumer transaction
29 and to perform such offer if accepted by the consumer.
30 The term includes an offer in writing of one (1) or more items of
31 value, including monetary compensation, that the supplier
32 delivers to a consumer or a representative of the consumer if
33 accepted by the consumer.
34 (6) "Offer to cure" as applied to a deceptive act is a cure that:
35 (A) is reasonably calculated to remedy a loss claimed by the
36 consumer; and
37 (B) includes a minimum additional amount that is the greater
38 of:
39 (i) ten percent (10%) of the value of the remedy under
40 clause (A), but not more than four thousand dollars
41 ($4,000); or
42 (ii) five hundred dollars ($500);
2018 IN 164—LS 6397/DI 973
1 as compensation for attorney's fees, expenses, and other costs
2 that a consumer may incur in relation to the deceptive act.
3 (7) "Uncured deceptive act" means a deceptive act:
4 (A) with respect to which a consumer who has been damaged
5 by such act has given notice to the supplier under section 5(a)
6 of this chapter; and
7 (B) either:
8 (i) no offer to cure has been made to such consumer within
9 thirty (30) days after such notice; or
10 (ii) the act has not been cured as to such consumer within a
11 reasonable time after the consumer's acceptance of the offer
12 to cure.
13 (8) "Incurable deceptive act" means a deceptive act done by a
14 supplier as part of a scheme, artifice, or device with intent to
15 defraud or mislead. The term includes a failure of a transferee of
16 structured settlement payment rights to timely provide a true and
17 complete disclosure statement to a payee as provided under
18 IC 34-50-2 in connection with a direct or indirect transfer of
19 structured settlement payment rights.
20 (9) "Senior consumer" means an individual who is at least sixty
21 (60) years of age.
22 (10) "Telephone facsimile machine" means equipment that has
23 the capacity to transcribe text or images, or both, from:
24 (A) paper into an electronic signal and to transmit that signal
25 over a regular telephone line; or
26 (B) an electronic signal received over a regular telephone line
27 onto paper.
28 (11) "Unsolicited advertisement" means material advertising the
29 commercial availability or quality of:
30 (A) property;
31 (B) goods; or
32 (C) services;
33 that is transmitted to a person without the person's prior express
34 invitation or permission, in writing or otherwise.
35 (12) "Debt" has the meaning set forth in 15 U.S.C. 1692(a)(5).
36 (13) "Debt collector" has the meaning set forth in 15 U.S.C.
37 1692(a)(6). The term does not include a person admitted to the
38 practice of law in Indiana if the person is acting within the course
39 and scope of the person's practice as an attorney.
40 (b) As used in section 3(b)(15) and 3(b)(16) of this chapter:
41 (1) "Directory assistance" means the disclosure of telephone
42 number information in connection with an identified telephone
2018 IN 164—LS 6397/DI 974
1 service subscriber by means of a live operator or automated
2 service.
3 (2) "Local telephone directory" refers to a telephone classified
4 advertising directory or the business section of a telephone
5 directory that is distributed by a telephone company or directory
6 publisher to subscribers located in the local exchanges contained
7 in the directory. The term includes a directory that includes
8 listings of more than one (1) telephone company.
9 (3) "Local telephone number" refers to a telephone number that
10 has the three (3) number prefix used by the provider of telephone
11 service for telephones physically located within the area covered
12 by the local telephone directory in which the number is listed. The
13 term does not include long distance numbers or 800-, 888-, or
14 900- exchange numbers listed in a local telephone directory.
15 SECTION 2. IC 24-5-0.5-13 IS ADDED TO THE INDIANA CODE
16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17 1, 2018]: Sec. 13. (a) The definitions in IC 27-4-1.5 apply to this
18 section.
19 (b) It is a deceptive act for a repair shop to do any of the
20 following in connection with a repair of damage to a motor vehicle:
21 (1) Coerce or intimidate the insured or claimant to boycott an
22 insurer's drive-in claim center or similar facility.
23 (2) Except in an emergency, attempt to secure the insured's or
24 claimant's signature authorizing the person securing the
25 signature to act on behalf of the insured or claimant in
26 selection of a repair shop.
27 (3) Unreasonably deny an insurer's representative access to
28 the repair shop during normal business hours to inspect or
29 reinspect a damaged motor vehicle.
30 SECTION 3. IC 27-4-1.5-6.5 IS ADDED TO THE INDIANA
31 CODE AS A NEW SECTION TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2018]: Sec. 6.5. As used in this chapter,
33 "repair shop" means a business that repairs damage to motor
34 vehicles. The term includes a body shop.
35 SECTION 4. IC 27-4-1.5-13 IS AMENDED TO READ AS
36 FOLLOWS [EFFECTIVE JULY 1, 2018]: Sec. 13. An act that an
37 insurer is required to perform under section 8 of this chapter shall be
38 considered to have been performed by the insurer if the act is
39 performed by:
40 (1) an agent of the insurer; or
41 (2) a body shop that the insurer directs to repair a motor vehicle.
42 SECTION 5. IC 27-4-1.5-14 IS ADDED TO THE INDIANA CODE
2018 IN 164—LS 6397/DI 975
1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
2 1, 2018]: Sec. 14. (a) An adjuster, insurer, insurance producer, or
3 other representative of an insurer shall not do any of the following
4 in connection with a motor vehicle repair:
5 (1) Limit the ability of an insured or claimant to choose the
6 repair shop.
7 (2) Require an insured or claimant to present the claim or
8 motor vehicle for loss adjustment or inspection at a drive-in
9 claim center or similar facility that is solely controlled by the
10 insurer.
11 (3) Engage in a boycott, intimidation, or coercive acts in
12 connection with negotiations concerning repairs to a damaged
13 motor vehicle for which the insurer is liable under an
14 insurance policy.
15 (4) Except in an emergency, attempt to secure the insured's or
16 claimant's signature authorizing the person securing the
17 signature to act on behalf of the insured or claimant in
18 selection of a repair shop.
19 (5) Adjust a damage appraisal made by a repair shop while
20 the extent of damage is in dispute without conducting a
21 physical inspection of the motor vehicle.
22 (6) Specify the use of a particular vendor for the procurement
23 of parts or other materials necessary for the satisfactory
24 repair of the motor vehicle. This subdivision does not require
25 an insurer to pay an amount greater than a reasonable
26 market price for parts or materials of like kind and quality in
27 adjusting a claim.
28 (7) Unilaterally and arbitrarily disregard a repair operation
29 or cost identified by an estimating system the use of which has
30 been agreed to by the insurer and the repair shop for
31 determining the cost of the repair.
32 (b) A violation of this section by an adjuster, insurer, insurance
33 producer, or other representative of an insurer is an unfair claim
34 settlement practice under IC 27-4-1-4.5.
2018 IN 164—LS 6397/DI 97You can also read
