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QuickServe State Laws |
1. Unfair Claims Practices Act
2. Unfair Trade Practices Act
3. Imitation Crash Parts Regulations
4. Anti-Steering Regulations - no law we have found yet.
5. Timely Notification
6. Timely Payment
7. False & Misleading Advertising
8. False Use of Insurer’s Name
9. Total Losses - settlement options
10. Consumer Sales Practices Acts
11. Consumer Auto Repair Practices Acts - no law we have found yet.
12. Telemarketing laws
13. Home Sales Act
14. Licensing Adjusters
15. Diminished Value - no law we have found yet.
Definitions: More>> click here for more info on a section.
Updates>> click here for possible future updates of that section; current text
is shown in full.
1. Unfair Claims Practices Act
26-13-124. Unfair claims settlement practices.
(a) A person is considered to be engaging in an unfair method of
competition and unfair and deceptive act or practice in the business of
insurance if that person commits or performs with such frequency as to indicate
a general business practice any of the following unfair claims settlement
practices:
(i) Misrepresenting pertinent facts or insurance policy provisions
relating to coverages at issue;
(ii) Failing to acknowledge and act reasonably promptly upon
communications with respect to claims arising under insurance policies;
(iii) Failing to adopt and implement reasonable standards for the prompt
investigation of claims arising under insurance policies;
(iv) Refusing to pay claims without conducting a reasonable investigation
based upon all available information;
(v) Failing to affirm or deny coverage of claims within a reasonable time
after proof of loss statements have been completed;
(vi) Not attempting in good faith to effectuate prompt, fair and
equitable settlements of claims in which liability has become reasonably clear;
(vii) Compelling insureds to institute litigation to recover amounts due
under an insurance policy by offering substantially less than the amounts
ultimately recovered in actions brought by such insureds;
(viii) Attempting to settle a claim for less than the amount to which a
reasonable person would have believed he was entitled by reference to written
or printed advertising material accompanying or made part of an application;
(ix) Attempting to settle claims on the basis of an application which was
altered without notice to, or knowledge or consent of, the insured;
(x) Making claims payments to insureds or beneficiaries not accompanied
by a statement setting forth the coverage under which the payments are being
made;
(xi) Making known to insureds or claimants a policy of appealing from
arbitration awards in favor of insureds or claimants for the purpose of
compelling them to accept settlements or compromises less than the amount
awarded in arbitration;
(xii) Delaying the investigation or payment of claims by requiring an
insured, claimant or the physician of either to submit a preliminary claim
report and then requiring the subsequent submission of formal proof of loss
forms, both of which submissions contain substantially the same information;
(xiii) Failing to promptly settle claims, where liability has become
reasonably clear, under one (1) portion of the insurance policy coverage in
order to influence settlements under other portions of the insurance policy
coverage; or
(xiv) Failing to promptly provide a reasonable explanation of the basis
in the insurance policy in relation to the facts or applicable law for denial
of a claim or for the offer of a compromise settlement.
Update>> http://legisweb.state.wy.us/statutes/titles/title26/chapter13.htm
2. Unfair Trade Practices Act
26-13-102. Unfair methods and deceptive acts
prohibited.
No person shall engage in this state in any trade practice which is defined in
this article as or is determined pursuant to this article to be an unfair
method of competition or an unfair or deceptive act or practice in the business
of insurance...
26-13-108. Boycott, coercion and intimidation prohibited; exception.
No person shall enter into any agreement to commit, or by any concerted action
commit, any act of boycott, coercion or intimidation resulting in unreasonable
restraint of or any monopoly in any business of insurance, except that an
insurer owned or controlled by an association or organization may refuse to
renew a casualty or liability policy because of nonpayment of dues to the
association or organization if payment of dues is a prerequisite to obtaining
or continuing the insurance.
26-13-113. Deductible amount of collision coverage; subrogation; right to
deductible
(a) If an insurer pays a loss claim to its insured and the insurer
decides to subrogate to the insured's loss claim, the deductible amount shall
be included in the subrogated loss claim and the insurance carrier shall pay
the deductible amount to its insured, without any deduction for expenses of
collection, out of any recovery on the subrogated claim, before any part of the
recovery is applied to any other use. If the amount of the deductible exceeds
the recovery, the insurer shall pay only the amount of the recovery to the
insured.
(b) If in any arbitration of the subrogated claim two (2) or more
insurers agree to offset the claims of their insureds, the right of any insured
to the return of his full deductible amount shall not be abridged.
More>>
http://legisweb.state.wy.us/statutes/titles/title26/chapter13.htm
3. Imitation Crash Parts Regulation
AFTER MARKET PARTS REGULATION, Administrative Code
Insurance Department, Chapter 19
Section 1. Authority
These regulations governing after market parts are
promulgated by the authority of and pursuant to the Wyoming Administrative
Procedure Act, W.S. 16-3-101 through 16-3-115, W.S. 26-2-110 and W.S. 26-13-101
through 26-13-202.
Section 2. Purpose
The purpose of this regulation is to protect the
consumer by requiring the consumer be informed whenever after market parts are
used in the repair of an automobile, and where non-OEM after market parts are
used, that the consumer consent to the use of such parts.
Section 3. Definitions
(a) "Insurer" includes an
insurance company and any person authorized to represent
the insurer with respect to a claim who is acting within the scope of the
persons authority.
(b) "Non-Original Equipment
Manufacturer" (Non-OEM) means any manufacturer
other than the original equipment manufacturer of the part.
(c) "After market part" for
purposes of this regulation, means sheet metal or plastic
parts which generally constitute the exterior of a motor vehicle, including
inner and outer panels.
Section 4. Identification
No insurer shall directly or indirectly require the use
of any after market part in the repair of an automobile which does not carry
sufficient permanent identification so as to identify its manufacturer. Such
identification shall be accessible to the extent possible after installation.
Section 5. Like Kind and
Quality
No insurer shall directly or indirectly require the use
of any after market part in the repair of an automobile unless the after market
part is at least equal in quality to the original part in terms of fit and
performance. The cost of any modifications which may become necessary when
making the repair shall be considered as a factor in determining the quality of
the after market part.
Section 6. Consent
No insurer shall directly or indirectly require the use
of non-OEM after market parts in therepair of an automobile nor shall any
insurer accept any estimate or authorize any repair of anautomobile unless the
consumer is advised that he or she is not required to accept non-OEM after
market parts in the repair of the vehicle and consents in writing to the use of
those parts before repairs are made.
Section 7. Disclosure
The insurer must disclose to the claimant in writing,
either on the estimate or on a separate document attached to the estimate, the
following information in no smaller print than 10 point type:
THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AUTOMOBILE PARTS NOT MADE
BY THE ORIGINAL MANUFACTURER. PARTS USED IN THE REPAIR OF YOUR VEHICLE BY OTHER
THAN THE ORIGINAL MANUFACTURER ARE REQUIRED TO BE AT LEAST OF EQUAL QUALITY IN
TERMS OF FIT AND PERFORMANCE TO THE ORIGINAL MANUFACTURER PARTS THEY ARE
REPLACING.
All after market parts installed on the vehicle shall be clearly identified on
the estimate of such repair.
Section 8. Violations
Any individual, firm or corporation who shall violate
any of the provisions of these After Market Parts Regulations shall be
punishable in accordance with W.S. 26-1-107.
Section 9. Severability
If any section or portion of a section of this
regulation, or the applicability thereof to any person or circumstance is held
invalid by a court, the remainder of this regulation, or the applicability of
such provision to a person shall not be affected thereby.
Section 10. Effective Date
This regulation shall become effective July 29, 1988.
Update>>
http://soswy.state.wy.us/cgi-win/sscgi_3.exe?2271
4. Anti-Steering Regulations
We have not found any law yet.
5. Timely Notification
26-13-124. Unfair claims settlement practices.
(a) A person is considered to be engaging in an unfair method of
competition and unfair and deceptive act or practice in the business of
insurance if that person commits or performs with such frequency as to indicate
a general business practice any of the following unfair claims settlement
practices:
(ii) Failing to acknowledge and act reasonably promptly upon
communications with respect to claims arising under insurance policies;
(iii) Failing to adopt and implement reasonable standards for the prompt
investigation of claims arising under insurance policies;
Update>>
http://legisweb.state.wy.us/statutes/titles/title26/chapter13.htm
6. Timely Payment
26-13-124. Unfair claims settlement practices.
(a) A person is considered to be engaging in an unfair method of
competition and unfair and deceptive act or practice in the business of
insurance if that person commits or performs with such frequency as to indicate
a general business practice any of the following unfair claims settlement
practices:
(xiii) Failing to promptly settle claims, where liability has become
reasonably clear, under one (1) portion of the insurance policy coverage in
order to influence settlements under other portions of the insurance policy
coverage;
Update>>
http://legisweb.state.wy.us/statutes/titles/title26/chapter13.htm
7. False & Misleading Advertising
26-13-103. Misrepresentations and false advertising
prohibited.
(a) No person shall:
(i) Make, issue, circulate, or cause to be made, issued or circulated,
any estimate, circular or statement misrepresenting the terms of any policy
issued or to be issued or the benefits or advantages promised thereby or the
dividends or share of the surplus to be received thereon;
(ii) Make any false or misleading statement as to the dividends or share
of surplus previously paid on similar policies;
(iii) Make any misleading representation or any misrepresentation as to
the financial condition of any insurer or as to the legal reserve system upon
which any life insurer operates; or
(iv) Use any name or title of any policy or class of policies
misrepresenting the true nature thereof.
Update>>
http://legisweb.state.wy.us/statutes/titles/title26/chapter13.htm
8. False Use of Insurer’s Name
26-13-103. Misrepresentations and false advertising
prohibited.
(a) No person shall:
(iv) Use any name or title of any policy or class of policies
misrepresenting the true nature thereof.
Update>>
http://legisweb.state.wy.us/statutes/titles/title26/chapter13.htm
26-3-106. Conflict of names prohibited.
(a) No insurer shall be formed or authorized to transact insurance in
this state if that insurer has or uses a name which:
(i) Is the same as or deceptively similar to that of another insurer
already authorized;
...
(iii) Is the same as or deceptively similar to the name of any foreign
insurer not so authorized if the foreign insurer has within the immediately
preceding twelve (12) months signified its intention to secure an incorporation
in this state under that name or to do business as a foreign insurer in this
state under that name by filing notice of intention with the commissioner,
unless the foreign insurer gives written consent to the use of the name or
deceptively similar name; or
(iv) Tends to deceive or mislead as to the insurer's type of
organization.
(b) In case of conflict of names between two (2) insurers, or a conflict
otherwise prohibited under this section, the commissioner may permit, or shall
require as a condition to the issuance of an original certificate of authority
to an applicant insurer, the insurer to use in this state a modified name as
may reasonably be necessary to avoid the conflict.
More>>
http://legisweb.state.wy.us/statutes/titles/title26/c03a01.htm
9. Total Losses
Section 3. Applicability
This regulation shall apply in the adjustment of
physical damage claims under all motor vehicle policies issued in the State of
Wyoming including, but not limited to, private passenger automobiles,
recreational vehicles, commercial vehicles, motorcycles or any other risk
insured as a motor vehicle or trailer.
Section 4. Settlement options
Insurers shall adjust personal property losses, be it
first or third party claims, by utilizing one of the following options:
(a) Pay for the loss in its
entirety in money, based on an appraisal of the damage
sustained by insured's vehicle.
(b) Repair the damaged
property.
(c) Replace the damaged
property.
More>>
http://soswy.state.wy.us/cgi-win/sscgi_3.exe?2282
10. Consumer Sales Practices Acts
40-12-105. Unlawful practices.
(a) A person engages in a deceptive trade practice unlawful under this
act when, in the course of his business and in connection with a consumer
transaction, he knowingly:
(i) Represents that merchandise has a source, origin, sponsorship,
approval, accessories or uses it does not have;
(ii) Represents that he has a sponsorship, approval or affiliation he
does not have;
(iii) Represents that merchandise is of a particular standard, grade,
style or model, if it is not;
(iv) Represents that merchandise is available to the consumer for a
reason that does not exist;
(v) Represents that merchandise has been supplied in accordance with a
previous representation, if it has not; except that this subsection does not
apply to merchandise supplied to the recipient by mistake or merchandise of
equal or greater value supplied as a reasonably equivalent substitute for
unavailable merchandise previously ordered by the recipient;
(vi) Represents that replacement or repair is needed, if it is not;
(vii) Makes false or misleading statements of fact concerning the price
of merchandise or the reason for, existence of, or amounts of a price
reduction;
(viii) Represents that a consumer transaction involves a warranty, a
disclaimer of warranties, particular warranty terms, or other rights, remedies
or obligations if the representation is false;
(ix) Represents that the consumer will receive a rebate, discount or
other benefit as an inducement for entering into a consumer transaction in
return for giving the supplier the names of prospective consumers or otherwise
helping the supplier to enter into other consumer transactions, if receipt of
the benefit is contingent upon an event occurring after the consumer enters
into the transaction;
40-12-106. Restraining unlawful practices.
Whenever the enforcing authority has reasonable cause to believe that any
person has engaged in, is engaging in, or is about to engage in any practice
which is unlawful under W.S. 40-12-104 or 40-12-105, and that proceedings would
be in the public interest, he may bring an action in the name of this state
against such person to restrain by temporary restraining order or preliminary
or permanent injunction the use of such practice, upon the giving of
appropriate notice to that person. The notice must state generally the relief
sought and must be served in accordance with the Wyoming Rules of Civil
Procedure. Before commencing any action, the enforcing authority shall give the
person against whom proceedings are contemplated a reasonable opportunity to
show why proceedings should not be instituted. The action may be brought in the
district court of the county in which the person resides or has his principal
place of business or in the district court of Laramie county, Wyoming. The
district court may issue temporary restraining orders or preliminary or
permanent injunctions, in accordance with the principles of equity, to restrain
and prevent violations of this act. The court may make such additional orders
or judgments as are necessary to compensate identifiable persons for actual
damages or restoration of money or property, real or personal, which may have
been acquired by means or any act or practice restrained. The remedies
provided by this section, W.S. 40-12-108 and 40-12-111 shall be the exclusive
remedies for violations of this act.
More>>
http://legisweb.state.wy.us/statutes/titles/title40/c12a01.htm
11. Consumer Auto Repair Practices Acts
No law we have found yet.
12. Telemarketing laws
40-12-301. Definitions.
(a) As used in this article:
(i) "Caller identification service" means a type of telephone service or
system which allows telephone subscribers to see the telephone numbers from
which incoming telephone calls are dialed;
(ii) "Consumer" means an actual or prospective purchaser, lessee or
recipient of consumer goods or services;
(iii) "Consumer goods or services" means any real property or any
tangible or intangible personal property or any services which are marketed and
intended to be used for personal, family or household purposes, including,
without limitation, any such property intended to be attached to or installed
in any real property without regard to whether it is so attached or installed,
as well as cemetery lots and timeshare estates;
(iv) "Doing business in this state" refers to businesses which conduct
telephonic sales calls from a location in Wyoming or from other states or
nations to consumers located in Wyoming;
(v) "Enforcing authority" means the Wyoming attorney general;
(vi) "Established business relationship" means a prior or existing
relationship formed by a voluntary two-way communication between a seller or
telephone solicitor and a consumer with or without an exchange of
consideration, on the basis of an inquiry, application, purchase or transaction
by the consumer regarding products or services offered by such seller or
telephone solicitor which relationship has not been previously terminated by
either party;
(vii) "Merchant" means a person who, directly or indirectly, offers or
makes available to consumers any consumer goods or services;
(viii) "National do-not-call list" means the list maintained by the
Telephone Preference Service of the Direct Marketing Association, Inc.,
Farmingdale, New York, or its successor organization;
(ix) "Telephonic sales call" means a call made by a telephone solicitor
to a consumer, for the purpose of soliciting a sale of any consumer goods or
services, for the purpose of soliciting an extension of credit for consumer
goods or services, or for the purpose of obtaining information that will or may
be used for the direct solicitation of a sale of consumer goods or services or
an extension of credit for such purposes;
(x) "Telephone solicitor" means any natural person, business entity or a
subsidiary or affiliate thereof, doing business in this state, who makes or
causes to be made a telephonic sales call, including, but not limited to, calls
made by use of automated dialing devices;
(xi) "Unsolicited telephonic sales call" means a telephonic sales call
other than a call made:
(A) In response to an express request of the person called;
(B) Primarily in connection with an existing debt or contract, payment or
performance of which has not been completed at the time of the call;
(C) To any person with whom the telephone solicitor had an established
business relationship; or
(D) By a telephone solicitor or merchant making less than two hundred
twenty-five (225) unsolicited calls per year.
40-12-302. Telephone solicitations.
(a) Any telephone solicitor or merchant who makes an unsolicited
telephonic sales call to a residential or mobile telephone number shall
disclose at the outset of the conversation and in a clear and conspicuous
manner to the person receiving the call, the following information:
(i) The name of the individual caller;
(ii) The identity of the telephone solicitor or merchant and a telephone
number and address at which the telephone solicitor or merchant may be
contacted;
(iii) That the purpose of the call is to sell consumer goods or services;
and
(iv) The nature of the consumer goods or services.
(b) No telephone solicitor or merchant shall willfully make or cause to
be made any unsolicited telephonic sales call to any residential, mobile or
telephonic paging device telephone number more than sixty (60) days after the
number for that telephone appears in the national do-not-call list. This
subsection does not apply to any person who calls an actual or prospective
seller or lessor of real property when the call is made in response to a yard
sign or other form of advertisement placed by the seller or lessor.
(c) No telephone solicitor or merchant who makes an unsolicited
telephonic sales call to the telephone line of a residential subscriber in this
state shall knowingly utilize any method to block or otherwise circumvent the
subscriber's use of a caller identification service.
40-12-303. Automated sales calls.
(a) No telephone solicitor or merchant shall make or knowingly allow a
telephonic sales call to be made if the call involves an automated system for
the selection or dialing of telephone numbers or the playing of a recorded
message when a connection is completed to a number called.
(b) Subsection (a) of this section does not prohibit the use of an
automated telephone dialing system with live messages if:
(i) The calls are made or messages given solely in response to calls
initiated by the persons to whom the automatic calls or live messages are
directed;
(ii) The telephone numbers selected for automatic dialing have been
screened to exclude any telephone subscriber who is included on the national
do-not-call list and any unlisted telephone number; or
(iii) The call is to a consumer with whom the caller had an established
business relationship.
40-12-304. Investigation of complaints;
enforcement; attorney's fees.
(a) The enforcing authority shall investigate any complaints received
concerning violations of this article. If, after investigating any complaint,
the enforcing authority finds that there has been a willful violation of this
article, the enforcing authority may bring an action to impose a civil penalty
and to seek other relief, including injunctive relief, as the court deems
appropriate against the telephone solicitor or merchant. The civil penalty
imposed shall be as follows:
(i) For the first violation, not to exceed five hundred dollars
($500.00);
(ii) For the second violation, not to exceed two thousand five hundred
dollars ($2,500.00);
(iii) For the third and subsequent violations, not to exceed five
thousand dollars ($5,000.00) per violation.
(b) An action under this section may be brought in the district court of
the county in which the telephone solicitor or merchant resides or had its
principal place of business or in the district court of Laramie County Wyoming.
The civil penalty provided under this section may be recovered in any action
brought under this article by the enforcing authority, or the enforcing
authority may terminate any investigation or action upon agreement by the
telephone solicitor or merchant to pay a stipulated civil penalty. The
enforcing authority or the court may waive any civil penalty if the telephone
solicitor or merchant has previously made full restitution or reimbursement or
has paid actual damages to the consumers who have been injured by the
violation.
(c) In any civil litigation resulting from a transaction involving a
violation of this article, the prevailing party, after judgment in the trial
court and exhaustion of all appeals, if any, shall receive reasonable
attorney's fees and costs from the nonprevailing party.
(d) The remedies provided by this section are not exclusive and shall not
preclude the imposition of any other relief or criminal penalties provided by
law.
(e) It shall be an affirmative defense to an action brought by an
enforcing authority for a violation of W.S. 40-12-302(b) that the person called
a consumer listed on the national do-not-call list as a result of a good faith
error.
40-12-305. Notice of activity and consent to service of process.
Each telephone solicitor or merchant making unsolicited telephonic sales calls
and doing business in this state shall file with the attorney general of this
state a statement giving notice of this fact and designating the secretary of
state of this state its agent for service of process, unless a lawful resident
is designated as agent for service of process, for any alleged violation of
this article. The written notice shall further set forth the intention of the
telephone solicitor or merchant to abide by the provisions of this article.
Compliance with this section shall not subject any telephone solicitor or
merchant to the provisions or consequences of any other statute of this state.
Update>>
http://legisweb.state.wy.us/statutes/titles/title40/c12a03.htm
13. Home Sales Act
40-12-101. Short title.
This act may be cited as the "Wyoming Consumer Protection Act."
40-12-102. Definitions.
(a) As used in this act:
(i) "Person" means a natural person, corporation, trust, partnership,
incorporated or unincorporated association or any other legal entity;
(ii) "Consumer transactions" means the advertising, offering for sale,
sale or distribution of any merchandise to an individual for purposes that are
primarily personal, family or household;
(iii) "Documentary material" means the original or a copy of any book,
record, report, memorandum, paper, communication, tabulation, map, chart,
photograph, mechanical transcription, other tangible document or recording,
reproductions of information stored magnetically, file layout, code conversion
tables or computer programs to convert file to readable printout, wherever
situated;
(iv) "Examination" of documentary material includes the inspection, study
or copying of any such material, and the taking of testimony under oath or
acknowledgement with respect to any such documentary material or copy thereof;
(v) "Advertisement" includes the attempt by publication, dissemination,
solicitation or circulation, whether oral, visual, written or otherwise, and
whether in person, by telephone or by any other means to induce directly or
indirectly any person to enter into any obligation or to acquire any title or
interest in any merchandise;
(vi) "Merchandise" includes any service or any property, tangible or
intangible, real, personal or mixed, or any other object, ware, good,
commodity, or article of value wherever situated;
(vii) "Enforcing authority" means the attorney general of Wyoming;
(viii) "Cure" as applied to an unlawful deceptive trade practice as
defined in W.S. 40-12-105 means either:
(A) To offer in writing to adjust or modify the consumer transaction to
which the unlawful deceptive trade practice relates to conform to the
reasonable expectations of the consumer generated by such unlawful deceptive
trade practice and to perform such offer if accepted by the consumer; or
(B) To offer in writing to rescind such consumer transaction and to
perform such offer if accepted by the consumer.
(ix) "Uncured unlawful deceptive trade practice" means an unlawful
deceptive trade practice as defined in W.S. 40-12-105:
(A) With respect to which a consumer who has been damaged by the unlawful
deceptive trade practice has given notice to the alleged violator pursuant to
W.S. 40-12-109; and
(B) Either:
(I) No offer to cure has been made to such consumer within fifteen (15)
days after such notice; or
(II) The unlawful deceptive trade practice has not been cured as to such
consumer within a reasonable time after his acceptance of the offer to cure.
(x) "This act" means W.S. 40-12-101 through 40-12-114.
40-12-103. Unsolicited merchandise.
Unless otherwise agreed, when unsolicited merchandise is delivered to a person,
he has a right to refuse such merchandise and is not obligated to return such
merchandise to the sender. Such unsolicited merchandise is deemed an
unconditional gift to the recipient, who may use it in any manner without any
obligation to the sender. This section does not apply if there is evidence that
the merchandise has been misdelivered, or if the delivered merchandise is
offered as a good faith substitution for merchandise previously solicited by
the recipient.
40-12-104. Home solicitation sales.
More>>
http://legisweb.state.wy.us/statutes/titles/title40/c12a01.htm
14. Licensing Adjusters
26-3-101. Certificate of authority required.
(a) No person shall act as an insurer and no insurer shall
transact insurance in this state unless authorized by a subsisting certificate
of authority granted by the commissioner, except as to transactions expressly
otherwise provided in this code [title 26].
(b) No insurer shall solicit insurance applications or otherwise transact
insurance in another state or country, from offices or by personnel located in
this state, unless it holds a subsisting certificate of authority granted by
the commissioner authorizing it to transact the same kinds of insurance in this
state.
26-3-102. When certificate not required.
(a) A certificate of authority is not required of an insurer for:
(i) Investigation, settlement or litigation of claims under its policies
lawfully written in this state, or liquidation of its assets and liabilities,
other than collection of new premiums, all resulting from its authorized
operations in this state;
More>>
http://legisweb.state.wy.us/statutes/titles/title26/c03a01.htm
15. Diminished Value
No law we have found yet.
State
Departments of Insurance
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permission from Beyond Parts & Equipment. Published in Beyond Parts &
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publication of this version is strictly prohibited.