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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 385

previous next Effective - 01 Jan 2009, see footnotebottom

  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)  "Director", the director of the department of commerce and insurance;

  (4)  "Incidental costs", expenses specified in the warranty incurred by the warranty holder related to the failure of the vehicle protection product to perform as provided in the warranty.  Incidental costs may include, without limitation, insurance policy deductibles, rental vehicle charges, the difference between the actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees, and mechanical inspection fees;

  (5)  "Premium", the consideration paid to an insurer for a reimbursement insurance policy;

  (6)  "Service contract", a contract or agreement for a separately stated consideration or for a specific duration to perform the repair, replacement, or maintenance of a motor vehicle or indemnification for repair, replacement, or maintenance, for the operational or structural failure due to a defect in materials, workmanship, or normal wear and tear, with or without additional provision for incidental payment of indemnity under limited circumstances, including but not limited to towing, rental, and emergency road service, but does not include mechanical breakdown insurance or maintenance agreements;

  (7)  "Vehicle protection product", a vehicle protection device, system, or service that:

  (a)  Is installed on or applied to a vehicle;

  (b)  Is designed to prevent loss or damage to a vehicle from a specific cause; and

  (c)  Includes a written vehicle protection product warranty.

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For purposes of sections 385.400 to 385.436, the term "vehicle protection product" shall include, without limitation, alarm systems, body part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio, and satellite tracking devices;

  (8)  "Vehicle protection product warranty" or "warranty", a written agreement by a warrantor that provides that if the vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, then the warranty holder shall be paid specified incidental costs by the warrantor as a result of the failure of the vehicle protection product to perform pursuant to the terms of the warranty.  Incidental costs may be reimbursed under the provisions of the warranty in either a fixed amount specified in the warranty or sales agreement or by the use of a formula itemizing specific incidental costs incurred by the warranty holder;

  (9)  "Vehicle protection product warrantor" or "warrantor", a person who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement.  "Warrantor" does not include an authorized insurer providing a warranty reimbursement insurance policy;

  (10)  "Warranty holder", the person who purchases a vehicle protection product or who is a permitted transferee;

  (11)  "Warranty reimbursement insurance policy", a policy of insurance that is issued to the vehicle protection product warrantor to provide reimbursement to the warrantor or to pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of the insured vehicle protection product warranties sold by the warrantor.

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(L. 2008 S.B. 930 & 947)

Effective 1-01-09


---- end of effective   01 Jan 2009 ----

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