§ 23-89-211 — Total loss settlements

(a) If an insurer settles a claim for damages to an automobile as a total loss to its own insured or a person having a claim against its insured, the insurer shall include with the payment for the loss: (1) All applicable taxes, including sales taxes and fees as required under Rule and Regulation 43 of the State Insurance Department; and (2) An itemized list stating the amount of the claim attributable to the value of the automobile and attributable to the sales tax on an automobile of that value. (b) When settling a claim against an insured for damages to an automobile as a total loss, the insurer will take into consideration all applicable taxes, license fees, and other fees. (c) An insurer may not abandon salvage to a towing or storage facility in lieu of payment of towing and storage fees without the consent of the facility and the insured. (d) The failure of an insurer to comply with the requirements of subsections (a)-(c) of this section shall be considered an unfair claims settlement practice under § 23-66-206(13) .

Legislative History

Acts 1999, No. 1291, § 1; 2001, No. 1553, § 52; 2003, No. 458, § 1; 2005, No. 2211, § 8.