State Codes and Statutes

Statutes > Kansas > Chapter40 > Article2 > Statutes_17044

40-2,155

Chapter 40.--INSURANCE
Article 2.--GENERAL PROVISIONS

      40-2,155.   Motor vehicle glass replacement; prohibitions; rights of theinsured.(a) Any insurance company, including such company's agentsand adjusters, that issues or renews a policy of insurance in this statecovering, in whole or in part, a motor vehicle may not:

      (1)   Require that a person insured under such policy use a particular companyor location for providing motor vehicle glass replacement, glass repairservices or glass products insured in whole or in part by such policy; or

      (2)   engage in any act or practice of intimidation, coercion or threat for oragainst an insured person or infer or mislead such insured person to use aparticular company or location to providemotor vehicle glass replacement, glass repair services or glass productsinsured in whole or in part under the terms of an insurance policy.

      (b) (1)   An insurance company may provide an insured with a list thatincludes the names of particular companies or locations providing motor vehicleglass replacement, glass repair services or glass products if some of thelisted companies or locations are reasonably close and convenient to theinsured. The insurance company may restrict the list to those companies orlocations that meet reasonable standards of quality, service and safety.

      (2)   The insured may use a nonlisted company or location at the insured'ssole discretion, and subject to the provisions of paragraph (3) of thissubsectionand subsection (c), the insurance company will fully and promptly pay forthe cost of motor vehicle glass replacement, glass repair services or glassproducts provided, less any deductible under the terms of the policy.

      (3)   If the insured does not use a list as provided in paragraph (1) ofsubsection (b), the insurer may require the insured to obtain not more thanthree competitive bids to establish the cost of motor vehicle glassreplacement, glass repair services or glass products provided.

      (c)   This section does not require an insurer to pay more for motor vehicleglass replacement, glass repair services or glass products than the lowestprevailing market price.

      (d)   Notwithstanding the provisions of this section, an insurance company mayagree to pay the full cost of glass replacement or repair.

      (e)   For purposes of this section, "lowest prevailing marketprice" means the lowest market price in a local area.

      History:   L. 1994, ch. 302, § 11; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article2 > Statutes_17044

40-2,155

Chapter 40.--INSURANCE
Article 2.--GENERAL PROVISIONS

      40-2,155.   Motor vehicle glass replacement; prohibitions; rights of theinsured.(a) Any insurance company, including such company's agentsand adjusters, that issues or renews a policy of insurance in this statecovering, in whole or in part, a motor vehicle may not:

      (1)   Require that a person insured under such policy use a particular companyor location for providing motor vehicle glass replacement, glass repairservices or glass products insured in whole or in part by such policy; or

      (2)   engage in any act or practice of intimidation, coercion or threat for oragainst an insured person or infer or mislead such insured person to use aparticular company or location to providemotor vehicle glass replacement, glass repair services or glass productsinsured in whole or in part under the terms of an insurance policy.

      (b) (1)   An insurance company may provide an insured with a list thatincludes the names of particular companies or locations providing motor vehicleglass replacement, glass repair services or glass products if some of thelisted companies or locations are reasonably close and convenient to theinsured. The insurance company may restrict the list to those companies orlocations that meet reasonable standards of quality, service and safety.

      (2)   The insured may use a nonlisted company or location at the insured'ssole discretion, and subject to the provisions of paragraph (3) of thissubsectionand subsection (c), the insurance company will fully and promptly pay forthe cost of motor vehicle glass replacement, glass repair services or glassproducts provided, less any deductible under the terms of the policy.

      (3)   If the insured does not use a list as provided in paragraph (1) ofsubsection (b), the insurer may require the insured to obtain not more thanthree competitive bids to establish the cost of motor vehicle glassreplacement, glass repair services or glass products provided.

      (c)   This section does not require an insurer to pay more for motor vehicleglass replacement, glass repair services or glass products than the lowestprevailing market price.

      (d)   Notwithstanding the provisions of this section, an insurance company mayagree to pay the full cost of glass replacement or repair.

      (e)   For purposes of this section, "lowest prevailing marketprice" means the lowest market price in a local area.

      History:   L. 1994, ch. 302, § 11; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article2 > Statutes_17044

40-2,155

Chapter 40.--INSURANCE
Article 2.--GENERAL PROVISIONS

      40-2,155.   Motor vehicle glass replacement; prohibitions; rights of theinsured.(a) Any insurance company, including such company's agentsand adjusters, that issues or renews a policy of insurance in this statecovering, in whole or in part, a motor vehicle may not:

      (1)   Require that a person insured under such policy use a particular companyor location for providing motor vehicle glass replacement, glass repairservices or glass products insured in whole or in part by such policy; or

      (2)   engage in any act or practice of intimidation, coercion or threat for oragainst an insured person or infer or mislead such insured person to use aparticular company or location to providemotor vehicle glass replacement, glass repair services or glass productsinsured in whole or in part under the terms of an insurance policy.

      (b) (1)   An insurance company may provide an insured with a list thatincludes the names of particular companies or locations providing motor vehicleglass replacement, glass repair services or glass products if some of thelisted companies or locations are reasonably close and convenient to theinsured. The insurance company may restrict the list to those companies orlocations that meet reasonable standards of quality, service and safety.

      (2)   The insured may use a nonlisted company or location at the insured'ssole discretion, and subject to the provisions of paragraph (3) of thissubsectionand subsection (c), the insurance company will fully and promptly pay forthe cost of motor vehicle glass replacement, glass repair services or glassproducts provided, less any deductible under the terms of the policy.

      (3)   If the insured does not use a list as provided in paragraph (1) ofsubsection (b), the insurer may require the insured to obtain not more thanthree competitive bids to establish the cost of motor vehicle glassreplacement, glass repair services or glass products provided.

      (c)   This section does not require an insurer to pay more for motor vehicleglass replacement, glass repair services or glass products than the lowestprevailing market price.

      (d)   Notwithstanding the provisions of this section, an insurance company mayagree to pay the full cost of glass replacement or repair.

      (e)   For purposes of this section, "lowest prevailing marketprice" means the lowest market price in a local area.

      History:   L. 1994, ch. 302, § 11; July 1.