Section 0780-01-59-.04 - DISCLOSURE(1) No insurer shall specify directly or indirectly the use of non-OEM aftermarket crash parts in the repair of an insured's or third party claimant's motor vehicle without disclosing the intended use of such parts to the insured or third party claimant. In all instances where non-OEM aftermarket crash parts are intended for use by an insurer:(a) The written estimate shall clearly identify each such part.(b) A disclosure document containing the following information in no smaller print than ten (10) point type or larger type shall appear on or be attached to the insured' s or third party claimant's copy of the estimate: "This estimate has been prepared based on the use of one or more crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the parts manufacturer or distributor rather than by the manufacturer of your vehicle."(2) Non-OEM after market crash parts shall not be used on current year model or immediate prior year model motor vehicles without the express permission of the insured or third party claimant.Tenn. Comp. R. & Regs. 0780-01-59-.04
Original rule filed August 4, 1989; effective September 18, 1989. Amendment filed August 13, 1999; effective October 27, 1999. Repeal and new rule filed April 28, 2005; effective July 12, 2005.Authority: T.C.A. §§ 56-2-301, 56-8-104(8) and 56-8-113.