Section 385.433 – Rulemaking authority.
Effective – 01 Jan 2009 385.433. Rulemaking authority. — The director may promulgate rules and regulations to implement the provisions of sections 385.400 to 385.436. Such rules and regulations shall include disclosures for the benefit of the warranty holder, record keeping, and procedures for public complaints. Any rule or portion of a rule, as that […]
Section 385.436 – Admissibility of failure to comply evidence.
Effective – 01 Jan 2009 385.436. Admissibility of failure to comply evidence. — Sections 385.400 to 385.436 apply* to all vehicle protection products sold or offered for sale on or after January 1, 2009. The failure of any person to comply with sections 385.400 to 385.436 prior to January 1, 2009, shall not be admissible […]
Section 385.450 – Motor clubs — definitions — fees not subject to premium tax — inapplicability of certain insurance laws.
Effective – 28 Aug 2021 385.450. Motor clubs — definitions — fees not subject to premium tax — inapplicability of certain insurance laws. — 1. As used in this section, the following terms shall mean: (1) “Motor club”, a legal entity that, in consideration of dues, assessments, or periodic payments of moneys, promises to provide […]
Section 385.418 – Warranty requirements.
Effective – 01 Jan 2009 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 […]
Section 385.421 – Warranty to contain cancellation terms and conditions — written notice of cancellation required.
Effective – 01 Jan 2009 385.421. Warranty to contain cancellation terms and conditions — written notice of cancellation required. — 1. No vehicle protection product may be sold or offered for sale in this state unless the vehicle protection product warranty states the terms and conditions governing the cancellation of the sale and warranty, if […]
Section 385.424 – Prohibited use of names and terms.
Effective – 01 Jan 2009 385.424. Prohibited use of names and terms. — 1. Unless licensed as an insurance company, a vehicle protection product warrantor shall not use in its name, contracts, or literature the words “insurance”, “casualty”, “surety”, “mutual”, or any other word that is descriptive of the insurance, casualty, or surety business or […]
Section 385.427 – Record-keeping requirements.
Effective – 01 Jan 2009 385.427. Record-keeping requirements. — 1. All vehicle protection product warrantors shall keep accurate accounts, books, and records concerning transactions regulated under sections 385.400 to 385.436. 2. 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 […]
Section 385.430 – Enforcement authority — administrative orders permitted.
Effective – 01 Jan 2009 385.430. Enforcement authority — administrative orders permitted. — 1. The director may conduct examinations of warrantors, administrators, or other persons to enforce sections 385.400 to 385.436 and protect warranty holders in this state. Upon request of the director, a warrantor shall make available to the director all accounts, books, and […]
Section 385.403 – Definitions.
Effective – 01 Jan 2009 385.403. Definitions. — As used in sections 385.400 to 385.436, the following terms shall mean: (1) “Administrator”, a third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties; (2) “Department”, the department of commerce and insurance; (3) […]
Section 385.406 – Applicability, exceptions.
Effective – 01 Jan 2009 385.406. Applicability, exceptions. — 1. No vehicle protection product may be sold or offered for sale in this state unless the seller, warrantor, and administrator, if any, comply with the provisions of sections 385.400 to 385.436. 2. Vehicle protection product warrantors and related vehicle protection product sellers and warranty administrators […]