STATE OF NEW YORK
        ________________________________________________________________________
                                         7080--A
                                                                Cal. No. 269
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 4, 2019
                                       ___________
        Introduced  by  M.  of A. JACOBSON, SOLAGES -- read once and referred to
          the Committee on Insurance -- reported and referred to  the  Committee
          on  Codes  --  reported  from  committee, advanced to a third reading,
          amended and ordered reprinted, retaining its place  on  the  order  of
          third reading
        AN  ACT to amend the insurance law, in relation to motor vehicle key and
          key fob replacement contracts
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subsection  (k)  of section 7902 of the insurance law, as
     2  amended by chapter 409 of the laws  of  2012,  is  amended  to  read  as
     3  follows:
     4    (k)  "Service  contract" means a contract or agreement, for a separate
     5  or additional consideration, for a  specific  duration  to  perform  the
     6  repair,  replacement  or maintenance of property, or indemnification for
     7  repair, replacement or maintenance, due to  a  defect  in  materials  or
     8  workmanship  or  wear and tear, with or without additional provision for
     9  indemnity payments for incidental damages, provided any  such  indemnity
    10  payment per incident shall not exceed the purchase price of the property
    11  serviced.    Service  contracts may include towing, rental and emergency
    12  road service, and may also provide for the repair, replacement or  main-
    13  tenance  of  property  for  damage resulting from power surges and acci-
    14  dental  damage  from  handling.  Service  contracts  may  also   include
    15  contracts  to  repair,  replace  or  maintain residential appliances and
    16  systems. Such term shall also mean a contract or agreement made  (1)  by
    17  or  for the manufacturer or seller of a motor vehicle tire for repair or
    18  replacement of the tire or wheel as the result of damage arising from  a
    19  road  hazard,  (2)  by  or  for  the supplier or seller of a service for
    20  repair of chips or cracks in a motor vehicle windshield, but not includ-
    21  ing services that involve the  replacement  of  the  entire  windshield,
    22  [and]  (3)  by  or for the supplier or seller of a service for repair or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08996-02-9

        A. 7080--A                          2
     1  removal of dents, dings or creases from a motor vehicle without  affect-
     2  ing  the  existing  paint finish using paintless dent repair techniques,
     3  but not including services that involve the replacement of vehicle  body
     4  panels,  or sanding, bonding or painting; and (4) by or for the supplier
     5  or seller of a service for repair or replacement of a motor vehicle  key
     6  or key fob in the event that the key or key fob becomes inoperable, lost
     7  or stolen.
     8    § 2. This act shall take effect immediately.