US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Colorado Code » Title 42 - Vehicles and Traffic » Article 11 - Motor Vehicle Service Contract Insurance

§ 42-11-101. Definitions

As used in this article, unless the context otherwise requires: “Mechanical breakdown insurance” means an insurance policy, contract, or agreement, as defined in section 10-1-102 (12), C.R.S., that undertakes to perform or provide repair or replacement service, or indemnification for that service, for the operational or structural failure of a motor vehicle due to a […]

§ 42-11-102. Reimbursement Policy Required for Sale of Service Contract

A motor vehicle service contract shall not be issued, made, provided, sold, or offered for sale in this state unless the provider of the service contract is insured under a motor vehicle service contract reimbursement insurance policy issued by an insurer or administrator authorized to do business in this state. Source: L. 94: Entire title […]

§ 42-11-103. Reimbursement Policy – Required Provisions

A motor vehicle service contract reimbursement insurance policy shall not be issued, made, provided, sold, or offered for sale in this state unless the reimbursement insurance policy conspicuously states that the issuer of the policy shall pay on behalf of the provider all sums which the provider is legally obligated to pay for failure to […]

§ 42-11-104. Service Contract – Required Statements

A motor vehicle service contract shall not be issued, made, provided, sold, or offered for sale in this state unless the contract conspicuously states that the obligations of the provider to the service contract holder are guaranteed under a service contract reimbursement policy, and unless the contract conspicuously states the name and address of the […]

§ 42-11-105. Manufacturers’ Express Warranties and Service Contracts Excluded

This article does not apply to motor vehicle manufacturers’ express warranties and service contracts as defined in section 42-10-101 (3). For purposes of this section, the term “manufacturer” includes the manufacturer or distributor of the covered vehicle or a subsidiary or affiliate of a manufacturer or distributor if fifty-one percent or more of the subsidiary […]

§ 42-11-106. Deceptive Trade Practices Prohibited

Failure to comply with the provisions of this article in the course of a business, vocation, or occupation is a deceptive trade practice and is subject to the provisions of the “Colorado Consumer Protection Act”, article 1 of title 6, C.R.S. Source: L. 94: Entire title amended with relocations, p. 2510, § 1, effective January […]

§ 42-11-107. Enforcement

The attorney general and the district attorneys of the judicial districts of the state are concurrently responsible for the enforcement of this article. Source: L. 94: Entire title amended with relocations, p. 2510, § 1, effective January 1, 1995. Editor’s note: This section is similar to former § 42-13-107 as it existed prior to 1994, […]

§ 42-11-108. Remedies

The provisions of this article shall be available to any service contract holder in a civil action for any claim against a motor vehicle service contract provider. The court shall award reasonable attorney fees and costs to a prevailing party in any civil action brought to enforce the provisions of this article. Source: L. 94: […]

§ 42-11-109. Maintenance Agreement Excluded

A prepaid agreement that provides only routine maintenance is not a service contract nor a contract of insurance. Source: L. 2016: Entire section added, (HB 16-1317), ch. 143, p. 425, § 3, effective August 10.