HOUSE DOCKET, NO. 114        FILED ON: 1/7/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 960

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

William J. Driscoll, Jr.

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act expanding automobile insurance coverage options to include the diminished value of automobiles.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

William J. Driscoll, Jr.

7th Norfolk

1/7/2019

Carlos González

10th Hampden

1/24/2019

Steven S. Howitt

4th Bristol

1/25/2019

Gerard J. Cassidy

9th Plymouth

1/30/2019

Daniel R. Cullinane

12th Suffolk

2/1/2019

Daniel J. Hunt

13th Suffolk

1/29/2019

Daniel J. Ryan

2nd Suffolk

2/1/2019

José F. Tosado

9th Hampden

1/31/2019


HOUSE DOCKET, NO. 114        FILED ON: 1/7/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 960

By Mr. Driscoll of Milton, a petition (accompanied by bill, House, No. 960) of William J. Driscoll, Jr., and others that automobile insurance coverage options include the diminished value of vehicles.  Financial Services.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 588 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act expanding automobile insurance coverage options to include the diminished value of automobiles.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 34O (2) of Chapter 90 of the General Laws is hereby amended by deleting the twelfth paragraph, and inserting, in place thereof, the following:-

            Subject to such stated limits and conditions, exclusions, and limitations as may be approved by the commissioner, the insurer shall offer additional coverage, optional to the insured, for resulting loss of use of the insured vehicle, or diminished value of the insured vehicle resulting from a collision at the fault of an identified negligent third party.

SECTION 2.  Section 34O (2) of chapter 90 of the General Laws is hereby further amended by deleting the fourteenth paragraph, and inserting in place thereof, the following:-

            Notwithstanding the previous paragraph or any other law, an insurer shall file a plan for approval by the commissioner providing for direct payment by the insurer to the insured for the loss of or damage to the insured motor vehicle, or diminished value of the insured vehicle resulting from a collision at the fault of an identified negligent third party, under collision coverage or limited collision coverage policies prior to receipt by the insurer of a claim form from the insured stating that the repair work described in an appraisal made pursuant to regulations promulgated by the auto damage appraisers licensing board has been completed.  Such plan shall not be approved unless it: (a) provides for a procedure acceptable to the commissioner to resolve any dispute between the insured and the insurer as to the adequacy of the payment; (b) provides for adequate disclosure to the insured of his or her rights hereunder; and (c) contains such other terms and conditions as the commissioner shall prescribe.