Section 75.05 - Insurer's Responsibilities(1)Reporting Requirements. Insurers shall report all thefts and misappropriations of a motor vehicle or of its major component parts to the NICB within two working days from the receipt of sufficient information from the insured. If the insurer has not received any acknowledgment or communication from the NICB within ten working days following its submission of the total theft report to the NICB, the insurer shall immediately communicate with the NICB to determine the status of its report. All total losses, however sustained, involving salvage, shall be reported to the NICB within five working days after the sale of salvage, or if the insured is permitted to retain salvage, within five working days after the date of loss payment.
(2)Deferred Claim Processing and Payment. Notwithstanding the provisions of 211 CMR 89.00, an insurer shall defer the processing and payment of a claim filed under comprehensive coverage in accordance with 211 CMR 75.05(2)(a) through (d): (a) No insurer shall pay a claim filed by an insured under comprehensive coverage for the theft or misappropriation of a motor vehicle or its major component parts unless said claim has been reported to and acknowledged by the NICB.(b) If the NICB indicates in its response to the insurer that coverage is in effect by more than one insurer for the same vehicle or that the vehicle has been previously reported as stolen and unrecovered or that previous similar claims on the same vehicle have been reported, the insurer shall promptly investigate and resolve such discrepancy.(c) If the NICB discovers an erroneous vehicle identification number (VIN) and the NICB is unable to clear up such discrepancy internally, the NICB will send a questionnaire to the insurer. This questionnaire shall be returned within five working days of receipt by the insurer. If the NICB and insurer are unsuccessful after due diligence in resolving the VIN error after a 30-day period from date of report of loss to the insurer on a vehicle, the insurer may proceed with the processing of the loss claim.(d) If the NICB indicates in its response to the insurer or the insurer finds that the loss may have been caused by the criminal or fraudulent act of any person, the insurer shall suspend the processing of the claim and promptly begin an investigation. The insurer shall promptly provide such information to the NICB and shall cooperate fully with the NICB in its investigation of criminal or fraudulent acts.