1. Once a claim has been reported, there can be no referral or recommendation to a specific repair facility, nor may any listing of repair facilities be given to the insured, unless and until a request is made by the insured or a notice of rights letter has been issued pursuant to the requirements of Regulation 64. This notice of rights letter describes Section 2610 of the New York Insurance Law and must be issued to the insured when the insurer, after negotiating in good faith, fails to reach an agreed price with the insured, the insured's Designated Representative, or repairer of the insured's choice.

The notice of rights letter explains that the insurer's offer is sufficient to repair the insured's vehicle at a repair shop reasonably located conveniently to the insured. It further states that the insurer is able to identify a qualified repair shop that will repair the insured's vehicle at the insurer's estimate, but the insurer cannot make such recommendation unless expressly requested by the insured, as evidenced by the insured's completion of a "Section 2610 of the Insurance Law Disclosure Statement."

2. Insurers may maintain a repair program and in the ordinary course of business disseminate directly or through their agents information and literature fully describing the program's existence and benefits, to prospective customers, to applicants and to policyholders. It is understood that sales or renewal materials of this kind may reach a policyholder who has a pending claim. Consistent with paragraph one above, however, literature referring to any repair program or insurer guarantees concerning repairs, should not be knowingly distributed to a policyholder once a claim has been reported.

3. No insurer should suggest to their policyholders who present claims that the policyholder should request a recommendation or referral, including by distributing copies of § 2610 itself. For example, signs mentioning or describing an insurer's repair program should not be displayed at any drive-in claim facility, sales office or other insurer locations.

However, an insurer is not precluded from maintaining brochures and other written information at those same sites that explain or, indeed, espouse the insurer's repair program, if such materials are not publicly displayed and are not distributed to policyholders, unless a request has first been made by the policyholder or a notice of rights letter has been issued pursuant to the requirements of Insurance Department Regulation 64. This restriction does not apply to non-policyholders, such as prospective customers and applicants.

4. Once the choice of a repair shop has been made by the insured, there should be no discussion with the insured regarding that choice, unless:

• a subsequent request for a recommendation for a repairer is made;
• documented complaints from claimants about that repair shop have been logged by the insurer;
• complaints about that repair shop have been reported to the Department of Motor Vehicles; or
• a notice of rights letter has been issued pursuant to the requirements of Regulation 64.