16a-4-101 (UCCC) Short title.
16a-4-101. (UCCC) Short title. This article shall be known and may be cited as revised uniform consumer credit code—insurance. History: L. 1973, ch. 85, § 61; January 1, 1974.
16a-4-102 (UCCC) Scope.
16a-4-102. (UCCC) Scope. (1) Except as provided in subsection (2), this article applies to insurance provided or to be provided in relation to a consumer credit transaction. (2) The provision on cancellation by a creditor (section 16a-4-304) applies to loans the primary purpose of which is the financing of insurance. No other provision of this […]
16a-4-103 (UCCC) Definition: “Consumer credit insurance.”
16a-4-103. (UCCC) Definition: “Consumer credit insurance.” In this act “consumer credit insurance” means insurance, other than insurance on property, by which the satisfaction of debt in whole or in part is a benefit provided, but does not include: (a) Insurance provided in relation to a credit transaction in which a payment is scheduled more than […]
16a-4-104 (UCCC) Creditor’s provision of and charge for insurance; excess amount of charge.
16a-4-104. (UCCC) Creditor’s provision of and charge for insurance; excess amount of charge. (1) Except as otherwise provided in this article and subject to the provisions on additional charges (section 16a-2-501) and maximum finance charges (parts 2 and 4 of article 2), a creditor may agree to provide insurance, and may contract for and receive […]
16a-4-105 (UCCC) Conditions applying to insurance to be provided by creditor.
16a-4-105. (UCCC) Conditions applying to insurance to be provided by creditor. If a creditor agrees with a consumer to provide insurance: (1) The insurance shall be evidenced by an individual policy or certificate of insurance delivered to the consumer, or sent to him at his address as stated by him, within thirty (30) days after […]
16a-4-106 (UCCC) Unconscionability.
16a-4-106. (UCCC) Unconscionability. (1) In applying the provisions of this act on unconscionability (sections 16a-5-108 and 16a-6-111) to a separate charge for insurance, consideration shall be given, among other factors, to: (a) Potential benefits to the consumer including the satisfaction of his obligations; (b) the creditor’s need for the protection provided by the insurance; and […]
16a-4-107 (UCCC) Maximum charge by creditor for insurance.
16a-4-107. (UCCC) Maximum charge by creditor for insurance. (1) Except as provided in subsection (2), if a creditor contracts for or receives a separate charge for insurance, the amount charged to the consumer for the insurance may not exceed the premium to be charged by the insurer, as computed at the time the charge to […]
16a-4-108 (UCCC) Refund or credit required; amount.
16a-4-108. (UCCC) Refund or credit required; amount. (1) Upon prepayment in full of a consumer credit sale or consumer loan by the proceeds of consumer credit insurance, the consumer or his estate is entitled to a refund of any portion of a separate charge for insurance which by reason or prepayment is retained by the […]
16a-4-109 (UCCC) Existing insurance; choice of insurer; notice of option.
16a-4-109. (UCCC) Existing insurance; choice of insurer; notice of option. If a creditor requires insurance, the consumer shall have the option of providing the required insurance through an existing policy of insurance owned or controlled by the consumer, or through a policy to be obtained and paid for by the consumer, but the creditor may […]
16a-4-110 (UCCC) Charge for insurance in connection with a refinancing or consolidation; duplicate charges.
16a-4-110. (UCCC) Charge for insurance in connection with a refinancing or consolidation; duplicate charges. (1) A creditor may not contract for or receive a separate charge for insurance in connection with a refinancing (section 16a-2-504) or a consolidation (section 16a-2-505), unless: (a) The consumer agrees at or before the time of refinancing or consolidation that […]
16a-4-111 (UCCC) Cooperation between administrator and commissioner of insurance.
16a-4-111. (UCCC) Cooperation between administrator and commissioner of insurance. The administrator and the commissioner of insurance are authorized and directed to consult and assist one another in maintaining compliance with this article. They may jointly pursue investigations, prosecute suits, and take other official action, as may seem to them appropriate, if either of them is […]
16a-4-112 (UCCC) Administrative action of commissioner of insurance.
16a-4-112. (UCCC) Administrative action of commissioner of insurance. (1) To the extent that the commissioner’s responsibility under this article requires, the commissioner of insurance shall issue rules with respect to insurers, and with respect to refunds (K.S.A. 16a-4-108, and amendments thereto), forms, schedules of premium rates and charges (K.S.A. 16a-4-203, and amendments thereto), and the […]
16a-4-201 (UCCC) Term of insurance.
16a-4-201. (UCCC) Term of insurance. (1) Consumer credit insurance provided by a creditor may be subject to the furnishing of evidence of insurability satisfactory to the insurer. Whether or not such evidence is required, the term of the insurance shall commence no later than when the consumer becomes obligated to the creditor or when the […]
16a-4-202 (UCCC) Amount of insurance.
16a-4-202. (UCCC) Amount of insurance. (1) Except as provided in subsection (2): (a) In the case of consumer credit insurance providing life coverage, the amount of insurance may not initially exceed the debt and, if the debt is payable in installments, may not at any time exceed the greater of the scheduled or actual amount […]
16a-4-203 (UCCC) Filing and approval of rates and forms.
16a-4-203. (UCCC) Filing and approval of rates and forms. (1) A creditor may not use a form or a schedule of premium rates or charges, the filing of which is required by this section, if the commissioner of insurance has disapproved the form or schedule and has notified the insurer of his disapproval. A creditor […]
16a-4-301 (UCCC) Property insurance.
16a-4-301. (UCCC) Property insurance. (1) A creditor may not contract for or receive a separate charge for insurance against loss of or damage to property unless: (a) The insurance covers a substantial risk of loss of or damage to property related to the credit transaction; (b) the amount, terms, and conditions of the insurance are […]
16a-4-302 (UCCC) Insurance on creditor’s interest only.
16a-4-302. (UCCC) Insurance on creditor’s interest only. If a creditor contracts for or receives a separate charge for insurance against loss of or damage to property, the risk of loss or damage not willfully caused by the consumer is on the consumer only to the extent of any deficiency in the effective coverage of the […]
16a-4-303 (UCCC) Liability insurance.
16a-4-303. (UCCC) Liability insurance. A creditor may not contract for or receive a separate charge for insurance against liability unless the insurance covers a substantial risk of liability arising out of the ownership or use of property related to the credit transaction. History: L. 1973, ch. 85, § 78; January 1, 1974.
16a-4-304 (UCCC) Cancellation by creditor.
16a-4-304. (UCCC) Cancellation by creditor. A creditor shall not request cancellation of a policy of property or liability insurance except after the consumer’s default or in accordance with a written authorization by the consumer, and in either case the cancellation does not take effect until written notice is delivered to the consumer or mailed to […]