Section 385.218 – Rulemaking authority.
Effective – 28 Aug 2007 385.218. Rulemaking authority. — The director may promulgate rules to effectuate sections 385.200 to 385.220. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is […]
Section 385.220 – Inapplicability.
Effective – 28 Aug 2021, 2 histories 385.220. Inapplicability. — 1. The provisions of sections 385.200 to 385.220 shall not apply to: (1) Warranties; (2) Maintenance agreements; (3) Commercial transactions; (4) Service contracts sold or offered for sale to persons other than consumers; or (5) Motor club contracts, as defined in section 385.450. 2. Manufacturer’s […]
Section 385.210 – Record-keeping requirements.
Effective – 01 Jan 2008 385.210. Record-keeping requirements. — 1. An administrator, provider, or other intermediary shall keep accurate accounts, books, and records concerning transactions regulated by sections 385.200 to 385.220. 2. An administrator’s, provider’s, or other intermediary’s accounts, books, and records shall include: (1) Copies of each type of motor vehicle extended service contract […]
Section 385.211 – Register of business entity producers to be maintained — inspection of list — updating of registry, when.
Effective – 01 Jan 2012 385.211. Register of business entity producers to be maintained — inspection of list — updating of registry, when. — 1. A provider registered to issue motor vehicle extended service contracts in this state shall maintain a register of business entity producers who are authorized to sell, offer, negotiate, or solicit […]
Section 385.212 – Termination, notice required.
Effective – 01 Jan 2008 385.212. Termination, notice required. — As applicable, an insurer that issued a reimbursement insurance policy shall not terminate the policy until a notice of termination, in a form and time frame prescribed by the director, has been mailed or delivered to the director. The termination of a reimbursement insurance policy […]
Section 385.214 – Providers considered agents of insurer, when — indemnification and subrogation.
Effective – 28 Aug 2007 385.214. Providers considered agents of insurer, when — indemnification and subrogation. — 1. Providers are considered to be the agent of the insurer that issued the reimbursement insurance policy. In cases where a provider is acting as an administrator and enlists other providers, the provider acting as the administrator shall […]
Section 385.216 – Investigations, administrative orders.
Effective – 28 Aug 2007 385.216. Investigations, administrative orders. — 1. The director may conduct investigations or examinations of providers, administrators, insurers, or other persons to enforce the provisions of sections 385.200 to 385.220 and protect service contract holders in this state. 2. If the director determines that a person has engaged, is engaging, or […]
Section 385.200 – Definitions.
Effective – 14 Oct 2016, 3 histories *385.200. Definitions. — As used in sections 385.200 to 385.220, the following terms mean: (1) “Administrator”, the person other than a provider who is responsible for the administration of the service contracts or the service contracts plan or for any filings required by sections 385.200 to 385.220; (2) […]
Section 385.202 – Issuance of contracts, criteria — registration required — duties of providers — exemption from state licensure.
Effective – 28 Aug 2007 385.202. Issuance of contracts, criteria — registration required — duties of providers — exemption from state licensure. — 1. Motor vehicle extended service contracts shall not be issued, sold, or offered for sale in this state unless the provider or its designee has: (1) Provided a receipt for the purchase […]
Section 385.204 – Reimbursement insurance policies, requirements.
Effective – 01 Jan 2008 385.204. Reimbursement insurance policies, requirements. — Reimbursement insurance policies insuring motor vehicle extended service contracts issued, sold, or offered for sale in this state shall conspicuously state that, upon failure of the provider to perform under the contract, such as failure to return the unearned provider fee, the insurer that […]