Section 427.120

Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 427

Effective - 28 Aug 1997   

  427.120.  Collateral protection coverage, requirements. — For protection under sections 427.110 to 427.190, a creditor may place collateral protection coverage provided the following conditions are met:

  (1)  The debtor has entered into a credit transaction with the creditor;

  (2)  The credit transaction has been reduced to a credit agreement, and the credit agreement requires the debtor to maintain insurance on the collateral; and

  (3)  A notice substantially similar to the following has been included in the credit agreement or on a separate document provided to the debtor at the time the credit agreement is entered:

"Unless you provide evidence of the insurance coverage required by your agreement with us, we may purchase insurance at your expense to protect our interests in your collateral.  This insurance may, but need not, protect your interests.  The coverage that we purchase may not pay any claim that you make or any claim that is made against you in connection with the collateral.  You may later cancel any insurance purchased by us, but only after providing evidence that you have obtained insurance as required by our agreement.  If we purchase insurance for the collateral, you will be responsible for the costs of that insurance, including the insurance premium, interest and any other charges we may impose in connection with the placement of the insurance, until the effective date of the cancellation or expiration of the insurance.  The costs of the insurance may be added to your total outstanding balance or obligation.  The costs of the insurance may be more than the cost of insurance you may be able to obtain on your own."

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(L. 1997 H.B. 257)