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Vol. 7 / Issue 7 / April 2018
Indiana Anti-Steering Legislation Hits an Impasse After House Amendments
Non-OEM Parts Legal Battle, Begun in 1997, Set for Trial in May 2018
by Katherine Coig, glassBYTEs.com
by John Yoswick
After clearing the Indiana House floor, Senate Bill 146, which aims to prohibit insurers and related entities from steering, may have hit a temporary stalemate. The state Senate has refused to concur with the amendments added by the House Committee on Insurance, which weakened the original anti-steering intentions of the bill. SB 164, which was authored by Sen. Mark Messmer, aims to “prohibit certain activities by an adjuster, insurer, insurance producer, or other
representative of an insurer in connection with a motor vehicle repair; [and] makes certain activities by a repair shop in connection with a motor vehicle repair for which insurance coverage is available deceptive acts.” However, in a late February hearing, the House Committee voted favorably to pass the bill with the several additions. Under the proposed amendments, it would be considered deceptive if an auto repair shop were to do the following: “Include in a contract with an insured or a claimant a provision asSee Indiana Steering, Page 15
Illinois Bill Aims to Require Customer Consent for Non-OEM Parts by Katherine Coig, glassBYTEs.com
Illinois Rep. Linda Chapa LaVia has introduced an amendment to the state’s Insurance Code and Automotive Collision Repair Act that would prohibit the use of non-OEM aftermarket parts in an auto repair estimate unless the customer provides written consent. The bill would also require auto repair facilities to follow OEM repair procedures. The proposed amendment aims to require that: “No estimate may include the
use of a non-original equipment manufacturer aftermarket crash parts unless authorized by the customer in writing;” and “The estimate shall include the use of repair specifications by the original equipment manufacturer for those parts, and no repair facility or installer may use repair specifications or procedures that are not in compliance with the original equipment manufacturer for those parts unless authorized by the customer in writing.” In addition, HB 4926 also unSee Customer Consent, Page 15
District Judge David Herndon said in rejecting State Farm’s calls for A federal judge in February declined dismissal of the suit that whether or to dismiss a $9 billion class action not the Avery judgment should have racketeering lawsuit against State been overturned, the vehicle owners Farm over the insurer’s alleged role involved deserve to know they lost fairly. in the election of an Illinois “Plaintiffs seek to vindiSupreme Court judge—setcate their right to be judged ting the stage for the latest by a tribunal that is unconttrial in a decade-long battle aminated by politics,” Judge involving the insurer’s use Herndon wrote. of non-OEM parts. The suit is seeking triple The lawsuit claims the damages of the Avery State Farm helped secure Lloyd Karmeier suit plus more than a dozen the 2004 election of Justice Lloyd Karmeier, and that Karmeier years of interest—a total of about $9 improperly participated in the rever- billion—for the 4.7 million vehicle sal of a $1 billion judgment against owners represented in the original the insurer in 1999 in the Avery vs. Avery suit. Trial is set to begin May 7. State Farm class action lawsuit. Without passing judgment on How did we get here? the merits of the current case, U.S. See Legal Battle, Page 48
Uber Halts Autonomous Car Testing After Pedestrian is Killed in AZ
ter: “Our hearts go out to the victim’s family. We are fully cooperating with A woman has died after being struck local authorities in their investigation by a self-driving Uber vehicle in of this incident.” It is believed that Elaine Tempe, Phoenix, AZ. The Volvo XC90 was operating Herzberg, 49, is the first pedestrian in autonomous mode when it hit the to be killed by an autonomous car. The incident occurred between Mill Avenue and Curry Road on the night of March 18. Police said the victim was crossing the road outside of a crosswalk at the time of the collision. The woman was taken to The autonomous Volvo XC90 struck a pedestrian as she the hospital, where she died crossed the road. Credit: ABC15 from her injuries. The National Transportation woman as she crossed the road, police said. A vehicle operator sat be- Safety Board said in a tweet that it is hind the wheel at the time of the “sending a team to investigate” the incident, but the car was carrying no incident. Uber had been testing its auother passengers. Uber said in a statement on TwitSee Uber Halts Car Testing, Page 52 by Alistair Charlton, GearBrain
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