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I sent a formal complaint to NY State Ins. Dept. Superintendent Eric Dinallo.
His office responded to my today by phone. I was told, “steering is Legal in NY State. There is an exemption in NY law regarding auto glass only.”
Time to get out your pens & paper & write to your local legislators for a change
In many places it is local voting season. Grass roots speak louder than you think. Contact YOUR local representative, explain to them that you are a constituent and you would like some help from them to EARN your support. If they brush you off explain to them that their opponent does care about your situation and you will be voting for them and you out of officer.
Damit take control and take charge.
Section 2610(b), which prohibits insurers from recommending or suggesting that repairs to a damaged vehicle (other than for a claim solely involving window glass) be made in a particular place or shop or by a particular concern, unless expressly requested to do so by their insureds.
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this means , I believe they can recommend or suggest but can NOT Require.
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Who am I though?
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I would ask that any other LOCAL laws be researched and posted here.
Google makes you smarter, unless you already know everything, like me, lol.
kidding.
STATE OF NEW YORK
INSURANCE DEPARTMENT
25 BEAVER STREET
NEW YORK, NEW YORK 10004
Circular Letter No. 14 (2003)
December 4, 2003
TO: Insurers Licensed to Write Motor Vehicle Physical Damage Insurance in New York State, Motor Vehicle Self-Insurers, and Insurance Producer and Adjuster Organizations
RE: Application of Section 2610(b) of the Insurance Law
STATUTORY REFERENCE: Section 2610(b) of the Insurance Law
The purpose of this Circular Letter is to advise that the Insurance Department is hereby withdrawing Circular Letter No. 16 (2000), dated May 10, 2000, regarding Section 2610(b) of the Insurance Law. As a result of the recent decision of the United States District Court in Allstate Insurance Co. v. Serio and GEICO v. Serio, 2003 W.L. 21418198 (S.D.N.Y. May 7, 2003), Section 2610(b) of the New York Insurance Law remains in effect, and will be enforced by the Insurance Department consistent with the interpretation of the statute by the New York Court of Appeals in Allstate Insurance Co. v. Serio, 98 N.Y.2d 198 (2002).
Allstate Insurance Co. v. Serio and GEICO v. Serio, which were commenced in the United States District Court for the Southern District of New York in 1997, challenged the constitutionality of Section 2610(b), which prohibits insurers from recommending or suggesting that repairs to a damaged vehicle (other than for a claim solely involving window glass) be made in a particular place or shop or by a particular concern, unless expressly requested to do so by their insureds.
On May 5, 2000, the United States District Court (Richard Conway Casey, U.S.D.J.) ruled that Section 2610(b), as applied to Allstate and GEICO, violated the First Amendment of the United States Constitution as an unjustifiable restriction on commercial free speech. That decision was appealed to the United States Court of Appeals for the Second Circuit. The Second Circuit declined to rule on federal constitutional grounds and instead certified four questions to the New York Court of Appeals regarding the proper interpretation of Section 2610(b) under state law. After the New York Court of Appeals in Allstate Insurance Co. v. Serio, 98 N.Y. 2d 198 (2002), invalidated the Department’s interpretation contained in Circular Letter No. 4 (1994), the case was remanded back to the District Court for reconsideration.
On remand, the District Court vacated its prior order and dismissed the claims of Allstate and GEICO. In its opinion and order dated May 7, 2003, the District Court ruled that the plaintiffs’ First Amendment claims had been rendered moot by the decision of the New York Court of Appeals and by the Department’s action in withdrawing Circular Letter No. 4 (1994).
Accordingly, this Circular Letter supersedes Department Circular Letter No. 16 (2000), dated May 10, 2000, which as indicated above is hereby withdrawn. Department Circular Letter No. 4 (1994), dated April 7, 1994, containing an interpretation of Section 2610(b) that was found invalid by the New York Court of Appeals in the above-cited case, remains withdrawn. As stated above, Section 2610(b) of the New York Insurance Law remains in effect and will be enforced by the Department consistent with the interpretation of the statute by the New York Court of Appeals.
Any questions regarding this Circular Letter should be directed to Debra Forde, Senior Insurance Examiner, Property Bureau, at (212) 480-5665, or by e-mail: email Ms. Forde.
Very truly yours,
Mark Presser
Assistant Deputy Superintendent and
Chief Examiner, Property Bureau
§ 2610. Collision or comprehensive coverage on motor vehicles; claims; repairs. (a) Whenever a motor vehicle collision or comprehensive loss shall have been suffered by an insured, no insurer providing collision or comprehensive coverage therefor shall require that repairs be made to such vehicle in a particular place or shop or by a particular concern. (b) In processing any such claim (OTHER THAN A CLAIM SOLELY INVOLVING WINDOW GLASS), the insurer shall not, unless expressly requested by the insured, recommend or suggest repairs be made to such vehicle in a particular place or shop or by a particular concern.
Yeap, I thought I remembered NY being one of those...its great that AG claims get soooo much attention - kind of like saying you can't slap your first born but the second born is fair game...
Not for nothin , if the collision shops in this state are scrambling, considering the exception(auto glass), why would anyone invest in automotive glazier futures.
No negativity here, just without any respect the glaziers in NY will have to swallow the awdef.