Section 8-33-5 – Conditions for Warrantors.
Section 8-33-5 Conditions for warrantors. (a) No vehicle protection product shall be sold or offered for sale in this state unless the warrantor meets one of the conditions in subsection (b) or (c) in order to ensure adequate performance under the warranty. No other financial security requirements or financial standards for warrantors shall be required. […]
Section 8-33-6 – Conditions for Policies.
Section 8-33-6 Conditions for policies. No warranty reimbursement insurance policy shall be issued, sold, or offered for sale in this state unless the policy meets the following conditions: (1) The policy states that the issuer of the policy will reimburse or pay on behalf of the vehicle protection product warrantor all covered sums which the […]
Section 8-33-7 – Form and Contents of Warranty.
Section 8-33-7 Form and contents of warranty. (a) Every vehicle protection product warranty in its entirety shall be written, printed, or typed in eight point type size or larger and shall not be sold or offered for sale in this state unless the warranty: (1) States that the obligations of the warrantor to the warranty […]
Section 8-33-8 – Cancellation of Warranty.
Section 8-33-8 Cancellation of warranty. (a) No vehicle protection product may be sold or offered for sale in this state unless the vehicle protection product warranty clearly states the terms and conditions governing the cancellation of the sale and warranty, if any. (b) The warrantor may only cancel the warranty if the warranty holder does […]
Section 8-33-9 – Prohibited Acts.
Section 8-33-9 Prohibited acts. (a) Unless licensed as an insurance company, a vehicle protection product warrantor shall not use in its name, contracts, or literature, any of the words “insurance,” “casualty,” “surety,” “mutual,” or any other words descriptive of the insurance, casualty, or surety business or deceptively similar to the name or description of any […]
Section 8-33-10 – Record Keeping Requirements.
Section 8-33-10 Record keeping requirements. (a) All vehicle protection product warrantors shall keep accurate accounts, books, and records concerning transactions regulated under this chapter. (b) A vehicle protection product warrantor’s accounts, books, and records shall include: (1) Copies of all vehicle protection product warranties. (2) The name and address of each warranty holder. (3) The […]
Section 8-33-11 – Enforcement Provisions.
Section 8-33-11 Enforcement provisions. (a) The commissioner may conduct examinations of warrantors, administrators, or other persons to enforce this chapter and protect warranty holders in this state. Upon request of the commissioner, a warrantor shall make available to the commissioner all accounts, books, and records concerning vehicle protection products sold by the warrantor that are […]
Section 8-33-12 – Rules and Regulations.
Section 8-33-12 Rules and regulations. The commissioner may adopt such administrative rules consistent with this chapter as are necessary to implement this chapter. Such rules and regulations shall include disclosures for the benefit of the warranty holder, record keeping, and procedures for public complaints. Such rules and regulations shall also include the conditions under which […]
Section 8-33-13 – Applicability.
Section 8-33-13 Applicability. This chapter applies to all vehicle protection products sold or offered for sale on or after January 1, 2007. The failure of any person to comply with this chapter prior to January 1, 2007, shall not be admissible in any court proceeding, administrative proceeding, arbitration, or alternative dispute resolution proceeding and may […]
Section 8-33-14 – Disposition of Funds; Examination Expenses.
Section 8-33-14 Disposition of funds; examination expenses. (a) All fees collected pursuant to this chapter shall be paid into the Insurance Department Fund for the enforcement of this chapter. (b) Each person being examined by the commissioner in the enforcement of this chapter shall be liable for and pay the expenses of the examination as […]