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ID H0521

Bill

Status

Passed

3/19/2018

Primary Sponsor

Business Committee

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Repeals Chapter 28, Title 49, Idaho Code and establishes the Idaho Motor Vehicle Service Contract Act as Chapter 62, Title 41, regulating motor vehicle service contracts offered by entities other than manufacturers or their affiliates.

  • Requires motor vehicle service contract providers to maintain service contract liability insurance from insurers with minimum surplus and paid-in capital of $10-15 million dollars and file audited financial statements with the Idaho Department of Insurance.

  • Mandates motor vehicle service contracts include specific consumer protections: 30-day cancellation with full refund (minus $50 maximum fee), pro rata refunds for later cancellations, conspicuous disclosure that purchase is not required for vehicle financing, and claim procedures.

  • Prohibits motor vehicle service contract providers from using words like "insurance," "casualty," or "surety" in names or contracts, and from making false or deceptive statements regarding manufacturer affiliation or warranty status.

  • Establishes recordkeeping requirements for all contracts and contract holders for at least three years after coverage expires, with civil penalties up to $1,000 per violation (maximum $25,000 aggregate) for violations enforceable by the Director of Insurance.

Legislative Description

Repeals, adds to and amends existing law to provide service contract reimbursement policy requirements; to set forth provisions associated with the sale of motor vehicle service contracts; to provide for motor vehicle service contract requirements; to prohibit certain acts; to provide recordkeeping requirements for licensing; to provide that the Idaho Insurance Guaranty Association Act shall not apply to any motor vehicle service contract, mechanical breakdown insurance or motor vehicle service contract liability insurance policy; and to provide for enforcement and penalties.

MOTOR VEHICLE SERVICE CONTRACTS

Last Action

Reported Signed by Governor on March 19, 2018 Session Law Chapter 116 Effective: 07/01/2018

3/19/2018

Committee Referrals

Commerce and Human Resources2/22/2018
Business2/12/2018

Full Bill Text

No bill text available