LD 1640
pg. 3
Page 2 of 11 An Act Regarding Service Contracts Page 4 of 11
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LR 2384
Item 1

 
the sale of the product and is incidental to the sale of the
product and that guarantees indemnity for defective parts,
mechanical or electrical breakdown, labor or other remedial
measures, such as repair or replacement of the property or
repetition of services.

 
§7003.__Requirements for doing business

 
1. Administrator.__A provider may, but is not required to,
appoint an administrator or other designee to be responsible for
any or all of the administration of service contracts and
compliance with this chapter.

 
2. Service contract.__A service contract may not be issued,
sold or offered for sale in this State unless the provider has:

 
A.__Provided a receipt for, or other written evidence of,
the purchase of the service contract to the contract holder;
and

 
B.__Provided a copy of the service contract to the service
contract holder within a reasonable period of time from the
date of purchase.

 
3. Registration.__A provider of service contracts sold in this
State shall file a registration with the superintendent on a form
prescribed by the superintendent.__A provider shall pay to the
superintendent a fee in the amount of $500 annually.

 
4. Performance.__In order to ensure the faithful performance
of a provider's obligations to its service contract holders, each
provider shall:

 
A. Insure all service contracts under a reimbursement
insurance policy issued by an insurer authorized to transact
insurance in this State or issued pursuant to chapter 19;

 
B. Undertake to:

 
(1)__Maintain a funded reserve account for its
obligations under its service contracts issued and
outstanding in this State.__The reserves may not be
less than 40% of the gross consideration received, less
claims paid, on the sale of the service contract for
all contracts in force.__The reserve account is subject
to examination and review by the superintendent; and

 
(2)__Place in trust with the superintendent a financial security
deposit, having a value of not less than 5% of the gross
consideration received, less claims paid, on the sale of the
service contract for all service


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