Vehicle Value Protection Agreement
A vehicle value protection agreement (agreement) is a contract that provides benefits when an owner of a vehicle replaces the vehicle at trade-in, when the vehicle is stolen, or after an adverse event that lowers the value of the vehicle. An agreement is declared to not be insurance or subject to regulation as insurance if offered in compliance with the bill.
A person who provides an agreement (provider) is prohibited from conditioning the extension of credit, the terms of credit, or the terms of a vehicle sale or lease upon the purchase of an agreement. To be issued, an agreement must:
- Provide a benefit to the consumer upon the trade-in, total loss, or unrecovered theft of a covered vehicle;
- Identify the administrator or provider, the seller, the consumer, and the terms of the sale;
- Guarantee the provider's obligations by an insurance policy; and
- Notify the consumer of the agreement's terms, including cancellation terms.
To cancel an agreement, the provider must mail a notice to the consumer at least 5 days prior to cancellation; except that the cancellation takes effect immediately if the reason for the cancellation is nonpayment, a material misrepresentation, or a substantial breach of duties by the consumer. If an agreement is canceled by the provider for a reason other than nonpayment of the provider fee, the provider is required to make a refund minus actual paid benefits, but the provider may charge a reasonable administrative fee of up to $75.
The provider is required to guarantee the provider's obligations by an insurance policy that pays the consumer. The insurance policy must provide that:
- The insurer will pay if the provider fails to perform its obligations under the agreement; and
- The consumer may file a claim directly with the insurer for reimbursement.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)