.................... moves to amend H.F. No. 1420 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2010, section 325E.66, is amended to read:
1.4325E.66 INSURANCE CLAIMS FOR RESIDENTIAL
1.5CONTRACTING GOODS AND SERVICES.
Subdivision 1. Payment or rebate of insurance deductible.
contractor providing the repair or replacement of
goods and services
to be paid by an insured from the proceeds of a property or casualty insurance
policy shall not, as an inducement to the sale or provision of goods or services to an
advertise or promise to pay
or rebate, directly or indirectly,
all or part of any
applicable insurance deductible or offer to compensate an insured for providing any
1.12service to the insured
. If a residential contractor violates this section, the insurer to whom
the insured tendered the claim shall not be obligated to consider the estimate prepared by
the residential contractor.
For purposes of this section, "residential contractor" means a residential roofer, as
defined in section
326B.802, subdivision 14
; a residential contractor, as defined in section
1.17326B.802, subdivision 11
; and a residential remodeler, as defined in section
subdivision 12; and a siding contractor registered under section 326B.802, subdivision 15
Violation Private remedy.
If a residential contractor violates subdivision
1, the insured or the applicable insurer may bring an action against the residential
contractor in a court of competent jurisdiction for damages sustained by the insured or
insurer as a consequence of the residential
1.23 Subd. 3. Public enforcement. The commissioner of labor and industry shall enforce
1.24this section under sections 326B.081 to 326B.085.
Sec. 2. Minnesota Statutes 2010, section 326B.811, subdivision 1, is amended to read:
Subdivision 1. Required.
A person who has entered into a written contract with
contractor residential roofer or a siding contractor registered under section 326B.802,
goods and services to be paid by the
insured from the proceeds of a property or casualty insurance policy has the right to
cancel the contract within 72 hours after the insured has been notified by the insurer
that the claim has been denied. Cancellation is evidenced by the insured giving written
notice of cancellation to the contractor at the address stated in the contract. Notice of
cancellation, if given by mail, is effective upon deposit in a mailbox, properly addressed
to the contractor and postage prepaid. Notice of cancellation need not take a particular
form and is sufficient if it indicates, by any form of written expression, the intention of the
insured not to be bound by the contract."
Delete the title and insert:
relating to commerce; regulating the provision of certain goods and services of
residential contractors; providing enforcement; amending Minnesota Statutes
2010, sections 325E.66; 326B.811, subdivision 1."