LD 1640
pg. 5
Page 4 of 11 An Act Regarding Service Contracts Page 6 of 11
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LR 2384
Item 1

 
and applies only to the original service contract purchaser and
only if no claim has been made prior to its return to the provider.__
A 10% penalty per month must be added to a refund that is not paid
or credited within 45 days after return of the service contract to
the provider.

 
6.__Premium taxes.__Provider fees collected on service
contracts are not subject to premium taxes.__Premiums for
reimbursement insurance policies are subject to applicable taxes.

 
7. Licensing exemptions.__Except for the registration
requirement in subsection 3, providers and related service
contract sellers, administrators and other persons marketing,
selling or offering to sell service contracts are exempt from any
licensing requirements of this State.

 
§7004.__Required provisions; reimbursement insurance policy

 
1. Statement of policy.__Reimbursement insurance policies
insuring service contracts issued, sold or offered for sale in
this State must state that the insurer that issued the
reimbursement insurance policy shall reimburse or pay on behalf
of the provider any covered sums the provider is legally
obligated to pay or shall provide the service that the provider
is legally obligated to perform according to the provider's
contractual obligations under the insured service contracts
issued or sold by the provider.

 
2.__Application to reimbursement insurance company.__In the
event covered service is not provided by the service contract
provider within 60 days of proof of loss by the service contract
holder, the contract holder is entitled to apply directly to the
reimbursement insurance company.

 
§7005.__Required disclosures; service contracts

 
1.__Disclosures.__Service contracts marketed, sold, offered
for sale, issued, made, proposed to be made or administered in
this State must be written, printed or typed in clear,
understandable language that is easy to read and must disclose
the requirements set forth in this section, as applicable.

 
A.__Service contracts insured under a reimbursement
insurance policy pursuant to section 7003, subsection 4,
paragraph A must contain a statement in substantially the
following form:__"Obligations of the provider under this
service contract are insured under a service contract
reimbursement insurance policy."__The service contract must
state the name and address of the insurer.

 
B.__Service contracts not issued under a reimbursement insurance
policy pursuant to section 7003, subsection 4,


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