20-1095. Definitions In this article, unless the context otherwise requires: 1. " Consumer" : (a) Means a buyer other than for purposes of resale of any consumer product, any person to whom the product is transferred during the duration of an implied or written warranty or service contract applicable to the product and any other […]
20-1095.01. Service companies; permits; rules; application of laws A. A service company may not offer or issue a service contract unless the service company has qualified for and been issued a permit by the director. B. Except for the registration requirements in this article applicable to service companies, service companies and related service contract sellers, […]
20-1095.02. Exemptions; definition A. This article, except for section 20-1095.09, does not apply to the following: 1. Warranties issued by manufacturers, builders or sellers on the actual items, structures or improvements that they manufacture, build or sell. 2. Service contract programs if a motor vehicle manufacturer or motor vehicle dealer has financial responsibility for performance. […]
20-1095.03. Qualifications for permit A. The director shall not issue a permit to a service company unless all of the following conditions are met: 1. The applicant is solvent and organized under the laws of this state or another state, district, territory or possession of the United States. 2. The applicant furnishes proof as necessary […]
20-1095.04. Filing of surety bond, securities or bonds A. To ensure faithful performance of its obligations to contract holders, every service company electing to comply with section 20-1095.03, subsection A, paragraph 3, subdivision (a), before the issuance of a permit, shall file with or for the benefit of the director a surety bond that complies […]
20-1095.05. Contracts not in compliance; validity Any service company contract issued in violation of this article is an enforceable and valid contract unless invalidated for other reasons.
20-1095.06. Required service contract disclosures A. Each service company holding a service company permit shall submit all service contract forms to the director for approval at least thirty days before the proposed effective date of the form. A form may not be used until it is approved by the director or has been on file […]
20-1095.07. Sale of unapproved service contract; violation; classification A. A person who sells an unapproved service contract is guilty of a class 2 misdemeanor. B. A service contract is not invalid solely by reason of not being approved as required by this article.
20-1095.08. Nonrenewal, revocation or suspension of permit The director may refuse to renew or may revoke or suspend any permit issued to a service company pursuant to this article if, after notice and a hearing, the director finds any of the following: 1. Any judgment in favor of a contract holder or his heir or […]
20-1095.09. Unfair trade practices; violation of article; cease and desist order A. The director may order any service company, its agents, officials and representatives, a motor vehicle dealer or an administrator to cease and desist from engaging in any unfair trade practices if upon notice and a hearing it is determined that the person has […]
20-1095.10. Scope and limitations of article A. This article applies to any home warranty or home protection contract, and to service contracts covering motor vehicles. B. This article does not alter or diminish any right, privilege or authority granted to any insurer under any section of this title. C. All service companies operating pursuant to […]
