Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 135.00 - Requirements Regarding Referrals To Motor Vehicle Glass Repair Shops
Section 135.04 - Prohibited Practices

Universal Citation: 211 MA Code of Regs 211.135

Current through Register 1531, September 27, 2024

(1) When a 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 or biller for the insurer shall not:

(a) Require a person to use a particular registered motor vehicle glass repair shop for motor vehicle glass repair services;

(b) 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. Unfair or deceptive acts shall include, but not be limited to:
1. 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

2. Knowingly contracting with, referring motor vehicle glass repair services to or otherwise negotiating 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 M.G.L. c. 100A.

(2) Once 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 or administrator shall not require the motor vehicle glass repair to be made at a different registered motor vehicle glass repair shop.

(3) Once a registered motor vehicle glass repair shop has been selected to provide motor vehicle glass repair services, an insurer or third party biller or administrator 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.

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