08 LC 28
4141
House
Bill 1357
By:
Representatives Hembree of the
67th,
Maxwell of the
17th,
Loudermilk of the
14th,
Forster of the
3rd,
Mumford of the
95th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating
to kinds of insurance, so as to include contracts, agreements, and instruments
for the removal of dents, dings, or creases in a motor vehicle without affecting
the existing paint finish using paintless dent repair techniques and the removal
of small windshield chips and cracks without replacement of the entire
windshield within the definition of property insurance in a manner similar to
vehicle service agreements or extended warranty agreements; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of
insurance, is amended by revising paragraph (1) of subsection (b) of Code
Section 33-7-6, relating to property insurance, as follows:
"(1)
Any contract, agreement, or instrument whereby a person assumes the risk of and
the expense or portion thereof for the mechanical breakdown or mechanical
failure of a motor
vehicle, or
for the removal of dents, dings, or creases in a motor vehicle without affecting
the existing paint finish using paintless dent repair techniques or the removal
of small windshield chips and cracks without replacement of the entire
windshield, and shall include those
agreements commonly known as vehicle service agreements or extended warranty
agreements, if made by a person other than the motor vehicle manufacturer in
exchange for a separately stated charge or the cost of the contract or contracts
is included on a nonidentifiable basis in the cost of a motor vehicle sold in
conjunction therewith, except that this provision shall not apply to an
agreement underwritten by an insurer licensed to transact insurance in this
state, either directly or through a reinsurance contract or, without regard to
the requirement that the insurance cannot be obtained from an insurer authorized
to do business in this state as required by Code Section 33-5-21, to an
agreement underwritten by a surplus lines insurer which has not been rejected by
the Commissioner for such purpose;".
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.