Section 113X: Motor vehicle glass repair covered by motor vehicle liability insurance; prohibited acts by insurers; penalty
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/ma/part-i/title-xxii/chapter-175/113x·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 113X.
(a)When motor vehicle glass repair is to be performed within the commonwealth and is covered in whole or in part by motor vehicle liability insurance, the insurer, producer, adjuster or third party administrator for the insurer shall not:
(1)require a person to use a particular registered motor vehicle glass repair shop for motor vehicle glass repair services;
(2)use or employ unfair or deceptive acts or practices to induce a person to use a particular registered motor vehicle glass repair shop to provide motor vehicle glass repair services; provided, however, that unfair or deceptive acts shall include, but not be limited to, engaging in an act or practice designed to intimidate, threaten or coerce a person to use, or for having used, a particular registered motor vehicle glass repair shop; or
(3)knowingly contract with, refer motor vehicle glass repair services to or otherwise negotiate with a motor vehicle glass repair shop to provide motor vehicle glass repair services if the repair shop is not a registered motor vehicle glass repair shop as provided in chapter 100A.
(b)When an insured selects a registered motor vehicle glass repair shop to provide motor vehicle glass repair services, an appraiser or employee of an independent appraisal company, insurance company, its employees or representatives or third party biller shall not require the motor vehicle glass repair to be made at a different registered motor vehicle glass repair shop.
(c)Once a registered motor vehicle glass repair shop has been selected to provide motor vehicle glass repair services, an insurer or third party biller shall not assign or dispatch the repair work or forward a related policy or policyholder's contact or repair scheduling information to a different registered motor vehicle glass repair shop without the knowledge and consent of the insured.
(d)An insured may at any point in time elect to change the insured's choice of registered motor vehicle glass repair shop.
(e)An insurer may, either directly or through its producers, adjusters or third party administrator, provide directly or through other means, including electronic transmissions, information to assist the insured in selecting a motor vehicle glass repair shop or scheduling a motor vehicle glass repair shop to perform motor vehicle glass repair.
(f)A violation of this section by an insurance company, producer, third party biller or adjuster shall be punishable by a fine of not less than $1,000 nor more than $5,000 for each violation. The fine shall be collected by the division of insurance and retained by the commissioner and shall be used to enforce this section; provided, however, that revenue collected in excess of $100,000 annually shall be deposited in the General Fund. The retained revenue collected may be used by the commissioner to carry out the enforcement of this section.