2015 Montana Legislature

UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!

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BILL NO.

INTRODUCED BY                                                                                                                                                 

                              (Primary Sponsor)

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING MOTOR VEHICLE INSURANCE POLICIES TO PAY FOR GENUINE CRASH PARTS IN REPAIRS OF MOTOR VEHICLES COVERED BY WARRANTY OR A LEASE AGREEMENT; ALLOWING THE OWNER OR LESSOR OF A DAMAGED MOTOR VEHICLE TO OPT OUT OF USING GENUINE CRASH PARTS IN CERTAIN REPAIRS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

 

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

 

     NEW SECTION.  Section 1.  Designation of repair parts and materials on certain motor vehicles -- definition. (1) Except as provided in subsection (2), an insurance company, including its producers and adjusters, that issues or renews a policy of insurance in this state covering, in whole or in part, a motor vehicle that is under warranty or covered by a lease agreement shall authorize repairs to be made to the insured motor vehicle using genuine crash parts sufficient to maintain the manufacturer's warranty for fit, finish, structural integrity, corrosion resistance, dent resistance, and crash performance.

     (2) An insured may consent in writing at the time of repair of the insured motor vehicle to the use of aftermarket crash parts unless the warranty or lease agreement prohibits the use of aftermarket crash parts in a repair.

     (3) For the purposes of this section, the following definitions apply:

     (a) "Aftermarket crash parts" means exterior or interior sheet metal or fiberglass panels and parts that form the superstructure or body of a motor vehicle and that are manufactured by an entity that:

     (i) is not the original manufacturer of the motor vehicle that is to be repaired; and

     (ii) is not authorized by the original manufacturer of the motor vehicle to use the original manufacturer's name or trademark.

     (b) "Genuine crash parts" means exterior or interior sheet metal or fiberglass panels and parts that form the superstructure or body of a motor vehicle and that are manufactured by or under the authority of and authorized by the original manufacturer of the motor vehicle to carry the name or trademark of the original manufacturer of the motor vehicle.

 

     NEW SECTION.  Section 2.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 33, chapter 18, part 2, and the provisions of Title 33, chapter 18, part 2, apply to [section 1].

 

     NEW SECTION.  Section 3.  Effective date. [This act] is effective on passage and approval.

- END -

 


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