Section 385.306

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 385

Effective - 14 Oct 2016, 2 histories, see footnote   

  *385.306.  Contract requirements, contents. — 1.  Service contracts marketed, issued, sold, or offered for sale in this state shall be written in clear, conspicuous, and understandable language, and the entire contract shall be printed or typed in easy-to-read type and conspicuously disclose the requirements in this section, as applicable.

  2.  Service contracts insured under a reimbursement insurance policy under subdivision (3) of subsection 4 of section 385.302 shall contain a statement in substantially the following form:  "Obligations of the provider under this service contract are guaranteed under a reimbursement insurance policy.  If the provider fails to pay or provide service on a claim within sixty days after proof of loss has been filed, the contract holder is entitled to make a claim directly against the insurance company."  A claim against the provider may also include a claim for return of the unearned provider fee.  The service contract also shall state the name and address of the insurer.

  3.  Service contracts not insured under a reimbursement insurance policy under subdivision (3) of subsection 4 of section 385.302 shall contain a statement in substantially the following form:  "Obligations of the provider under this service contract are backed only by the full faith and credit of the provider (issuer) and are not guaranteed under a reimbursement insurance policy."  A claim against the provider shall also include a claim for return of the unearned provider fee.  The service contract shall also state the name and address of the provider.

  4.  Service contracts shall identify any administrator, the provider obligated to perform under the contract, and the service contract seller, if different than the provider or administrator.  The identities of such parties are not required to be preprinted on the service contract and may be added to the service contract prior to delivery to the contract holder.

  5.  Service contracts shall state the total purchase price and the terms under which the service contract is sold.  The purchase price is not required to be preprinted on the service contract and may be negotiated at the time of sale with the service contract holder.

  6.  If prior approval of repair work is required, the service contracts shall state the procedure for obtaining prior approval and for making a claim, including a toll-free telephone number for claim service and a procedure for obtaining emergency repairs performed outside of normal business hours.

  7.  Service contracts shall state the existence of any deductible amount.

  8.  Service contracts shall specify the merchandise and services to be provided and any limitations, exceptions, or exclusions.

  9.  Service contracts shall state the conditions upon which the use of nonoriginal manufacturers' parts, refurbished merchandise, or substitute service may be allowed.  Conditions stated shall comply with applicable state and federal laws.

  10.  Service contracts shall state any terms, restrictions, or conditions governing the transferability of the service contract.

  11.  Service contracts shall state any terms, restrictions, or conditions governing termination of the service agreement by the service contract holder and provider.

  12.  Service contracts for which the service contract holder pays a separate, identified consideration shall require every provider to permit the service contract holder to return the contract within at least twenty days of the date of mailing of the service contract or within at least ten days if the service contract is delivered at the time of sale or within a longer time period permitted under the contract.  If no claim has been made under the contract, the contract is void and the provider shall refund to, or credit to the account of, the contract holder the full purchase price of the contract.  A ten percent penalty per month shall be added to a refund that is not paid within forty-five days of return of the contract to the provider.  The applicable free-look time periods on service contracts shall apply only to the original service contract purchaser, and only if no claim has been made prior to its return to the provider.  Refunds may be effectuated through the provider or the provider's designee.

  13.  Service contracts shall set forth all of the obligations and duties of the service contract holder, such as the duty to protect against any further damage and the requirement for certain service and maintenance.

  14.  Service contracts shall state clearly whether or not the service contract provides for or excludes consequential damages, preexisting conditions, or events covered under the original manufacturer's warranty.

  15.  Service contracts shall state any limitations on the number or value of repairs, replacements, or monetary settlements, as applicable, that will be provided during the term of coverage.

­­--------

(L. 2007 H.B. 221, A.L. 2016 H.B. 1976)

*Effective 10-14-16, see § 21.250.  H.B. 1976 was vetoed July 1, 2016. The veto was overridden on September 14, 2016.