House committee substitute to the 3rd edition makes the following changes.
Modifies and adds to the proposed changes to GS 20-279.21(d1) to require motor vehicle liability policies to provide, concerning a claim for property damage to a motor vehicle against the insurer, that if the difference in the claimant's and the insurer's estimate of the diminution in fair market value is greater than $500, then on written demand of either, each must select an appraiser and notify the other within 20 days of demand (previously provided for the fair market value greater than $500 of the fair market retail value of the vehicle prior to the accident). If the appraisers cannot agree, directs that the appraisers must submit their appraisals to the umpire along with their differences.
VEH. PROPERTY DMG./DETERMINING AMT. OF LOSS.
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View NCGA Bill Details | 2019-2020 Session |
AN ACT TO AMEND THE LAW GOVERNING THE PROCEDURES FOR DETERMINING THE AMOUNT OF PROPERTY DAMAGE TO A MOTOR VEHICLE WHEN LIABILITY FOR COVERAGE FOR THE CLAIM IS NOT IN DISPUTE.Intro. by Torbett.
Bill History:
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Tue, 26 Feb 2019 House: Filed
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Thu, 28 Feb 2019 House: Passed 1st Reading
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Tue, 26 Mar 2019 House: Reptd Fav Com Substitute
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Tue, 26 Mar 2019 House: Re-ref Com On Insurance
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Thu, 11 Apr 2019 House: Reptd Fav Com Sub 2
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Thu, 11 Apr 2019 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Thu, 18 Apr 2019 House: Reptd Fav
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Thu, 18 Apr 2019 House: Re-ref Com On Judiciary
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Fri, 3 May 2019 House: Reptd Fav
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Mon, 6 May 2019 House: Reptd Fav Com Sub 3
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Mon, 6 May 2019 House: Cal Pursuant Rule 36(b)
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Mon, 6 May 2019 House: Placed On Cal For 05/07/2019
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Tue, 7 May 2019 House: Passed 2nd Reading
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Tue, 7 May 2019 House: Passed 3rd Reading
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Tue, 7 May 2019 House: Special Message Sent To Senate
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Tue, 7 May 2019 Senate: Special Message Received From House
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Tue, 7 May 2019 Senate: Passed 1st Reading
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Tue, 7 May 2019 Senate: Ref To Com On Rules and Operations of the Senate
Bill Summaries:
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Bill H 205 (2019-2020)Summary date: May 6 2019 - View Summary
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Bill H 205 (2019-2020)Summary date: Apr 11 2019 - View Summary
House committee substitute to the 2nd edition makes the following changes.
Modifies and adds to the proposed changes to GS 20-279.21(d1) to require that the appraiser exchange appraisals within 35 days after the demand of either the insurer or the claimant for appraisal, rather than within 15 days. Adds that if the appraisers agree, they are required to put their agreement in writing and file the agreement with the insured and the claimant. Provides that agreement of the appraisers is binding on both the claimant and the insurer in the same manner as the umpire report.
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Bill H 205 (2019-2020)Summary date: Mar 26 2019 - View Summary
House committee substitute to the 1st edition makes the following changes.
Amends GS 20-279.21(d1) further by requiring that for a claim for property damage to a motor vehicle against an insurer the policy must provide that if the difference in the claimant's and insurer's estimate of the diminution in fair market value is greater than $500 (was, $20,000 or 25%) of the fair market retail value of the vehicle before the accident as determined by the latest edition of the National Automobile Dealers Association Pricing Guide Book (removes the option of using another publication approved by the Commissioner of Insurance), then on written demand, the claimant and insurer must each select a competent and disinterested appraiser and notify the other of the selection within 20 days. Requires that the appraiser exchange appraisals within 15 days. Refusal by an appraiser to appraise the loss or exchange an appraisal with an opposing appraiser subjects the appraiser to civil penalties. Provides that an umpire's report (was, an agreement between either of the appraisers and the umpire) is binding on both the claimant and the insurer.
Changes the effective date of the act from when it becomes law to October 1, 2019.
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Bill H 205 (2019-2020)Summary date: Feb 26 2019 - View Summary
Amends GS 20-279.21(d1), concerning the required provisions of motor vehicle insurance policies to govern the process for determining the amount of property damage to a motor vehicle when the liability for coverage is not disputed. Under current law, the claimant or the insurer has 15 days to reject the report determining the amount of damages and notify the other party of the rejection before the report becomes binding. Deletes these provisions to instead establish that an agreement between either of the appraisers and the umpire is binding on both the claimant and the insurer.