Section 385.418

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 385

Effective - 01 Jan 2009, see footnote   

  385.418.  Warranty requirements. — 1.  Every vehicle protection product warranty shall be written in clear, understandable language and shall be printed or typed in an easy-to-read point size and font and shall not be issued, sold, or offered for sale in the state unless the warranty:

  (1)  States that the obligations of the warrantor to the warranty holder are guaranteed under a warranty reimbursement insurance policy if the warrantor elects to meet its financial responsibility obligations under subdivision (1) of section 385.412, or states the obligations of the warrantor under this warranty are backed by the full faith and credit of the warrantor if the warrantor elects to meet its financial responsibility under subdivision (2) of section 385.412;

  (2)  States that in the event a warranty holder must make a claim against a party other than the warrantor, the warranty holder is entitled to make a direct claim against the warranty reimbursement insurer upon the failure of the warrantor to pay any claim or meet any obligation under the terms of the warranty within sixty days after proof of loss has been filed with the warrantor, if the warrantor elects to meet its financial responsibility obligations under subdivision (1) of section 385.412;

  (3)  States the name and address of the insurer of the warranty reimbursement insurance policy, and this information need not be preprinted on the warranty form but may be stamped on the warranty, if the warrantor elects to meet its financial responsibility obligations under subdivision (1) of section 385.412;

  (4)  Identifies the warrantor, the seller, and the warranty holder;

  (5)  Sets forth the total purchase price of the vehicle protection product warranty and the terms under which it is to be paid; however, the purchase price is not required to be preprinted on the vehicle protection product warranty and may be negotiated with the consumer at the time of sale;

  (6)  Sets forth the procedure for making a claim, including a telephone number;

  (7)  States the existence of a deductible amount, if any;

  (8)  Specifies the payments or performance to be provided under the warranty including payments for incidental costs, the manner of calculation or determination of payments or performance, and any limitations, exceptions, or exclusions;

  (9)  Sets forth all of the obligations and duties of the warranty holder such as the duty to protect against further damage to the vehicle, the obligation to notify the warrantor in advance of any repair, or other similar requirements, if any;

  (10)  Sets forth any terms, restrictions, or conditions governing transferability of the warranty, if any; and

  (11)  Contains a disclosure that reads substantially as follows: "This agreement is a product warranty and is not insurance.".

  2.  At the time of sale, the seller or warrantor shall provide to the purchaser:

  (1)  A copy of the vehicle protection product warranty; or

  (2)  A receipt or other written evidence of the purchase of the vehicle protection product and a copy of the warranty within thirty days of the date of purchase.

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(L. 2008 S.B. 930 & 947)

Effective 1-01-09