BILL REQ. #:  H-2310.2 

READ FIRST TIME 02/22/07.   

     AN ACT Relating to auto glass repair and third-party administrators; and adding a new section to chapter 48.30 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 48.30 RCW to read as follows:
     (1) A person in this state has the right to choose any automobile glass repair or replacement facility for the repair of a loss relating to motor vehicle glass.
     (2) An insurer or its third-party administrator shall not interfere with the right established in this subsection.
     (3) After a person making a claim for a loss that only involves glass informs an insurer or third-party administrator that the person has chosen an automobile glass repair or replacement facility to conduct the repairs, the insurer or third-party administrator shall not recommend that a different automobile glass repair or replacement facility be chosen to conduct the repairs.
     (4) An insurer or its third-party administrator processing a claim for a loss that only involves glass shall:
     (a) Verbally inform the person making the claim of loss of the right established under this section at the same time any information about the automobile glass repair or replacement facility is discussed; and
     (b) Verbally inform the person making the claim of loss that the third-party administrator is an entity separate from the insurer and that the third-party administrator has a financial arrangement to process automobile glass claims on the insurer's behalf.
     (5)(a) If an insurer or an insurer's third-party administrator owns an interest in an automobile glass repair or replacement facility, the insurer or the third-party administrator shall post the following notice in each of the automobile glass repair or replacement facilities:
     THIS AUTOMOBILE GLASS REPAIR OR REPLACEMENT FACILITY IS OWNED IN WHOLE OR IN PART BY (NAME OF INSURER OR INSURER'S THIRD-PARTY ADMINISTRATOR). YOU ARE HEREBY NOTIFIED THAT YOU ARE ENTITLED UNDER WASHINGTON LAW TO SEEK REPAIRS AT ANY AUTOMOBILE GLASS REPAIR OR REPLACEMENT FACILITY OF YOUR CHOICE.
     (b) The notice required by this subsection (3) must be prominently posted, in not less than eighteen-point font, in a location where it is likely to be seen and read by a customer. If the automobile glass repair or replacement facility is mobile, the insurer or its third-party administrator must verbally provide the notice required by this subsection (3) to the person making the claim prior to commencement of the repair or replacement.