HLS 18RS-632 REENGROSSED 2018 Regular Session HOUSE BILL NO. 522 BY REPRESENTATIVE DAVIS INSURANCE/AUTOMOB ILE: Provides relative to motor vehicle service contracts 1 AN ACT 2To amend and reenact R.S. 22:361(5), (9), and (10) and 362(B) and Chapter 57 of Title 51 3 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 51:3141 through 4 3146, and to repeal R.S. 22:361(3), relative to motor vehicle service contracts; to 5 move the registration of motor vehicle service contract providers from the 6 Department of Insurance to the secretary of state; to provide for definitions; to 7 provide for exemptions; to establish financial and registration requirements for 8 service contract providers; to require certain disclosures to consumers; to provide for 9 an effective date; and to provide for related matters. 10Be it enacted by the Legislature of Louisiana: 11 Section 1. R.S. 22:361(5), (9), and (10) and 362(B) are hereby amended and 12reenacted to read as follows: 13 §361. Definitions 14 As used in this Subpart: 15 * * * 16 (5) "Reinsurer" means a person licensed under this Subpart engaged in the 17 reinsuring of vehicle mechanical reimbursement insurance, residual value insurance, 18 or credit disability insurance policies, or any combination of kinds of insurance. 19 * * * Page 1 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-632 REENGROSSED HB NO. 522 1 (9) "Vehicle mechanical breakdown insurance policy" means any contract, 2 agreement, or instrument whereby a person other than the owner, seller, or lessor of 3 a vehicle assumes the risk of or the expense or portion thereof for the mechanical 4 breakdown or mechanical failure of a motor vehicle and may include other customer 5 assistance and convenience services, such as vehicle rental assistance, towing 6 assistance, trip interruption, and roadside assistance, and shall include those 7 agreements commonly known as vehicle service agreements or extended warranty 8 agreements where the assumption of risk is made by an entity other than the owner, 9 seller, or lessor of the vehicle. The term "vehicle mechanical breakdown insurance 10 policy" shall not include a service contract covering motor vehicles offered pursuant 11 to R.S. 51:3141 et seq. 12 (10) "Vehicle mechanical breakdown insurer" means any person or 13 organization, whether domestic, foreign, or alien, issuing or attempting to issue 14 vehicle mechanical breakdown policies or vehicle component coverage contracts as 15 defined herein. The term "vehicle mechanical breakdown insurer" shall not include 16 a provider of service contracts covering motor vehicles offered pursuant to R.S. 17 51:3141 et seq. 18 §362. License required of vehicle mechanical breakdown insurer 19 * * * 20 B. Each vehicle mechanical breakdown insurer may also act as a reinsurer 21 in accordance with regulations adopted by the commissioner. All reserves for credit 22 disability insurance shall be retained and held by the credit disability insurer. Except 23 as otherwise provided in this Subsection, a vehicle mechanical breakdown insurer 24 shall be allowed credit for reinsurance ceded to an assuming insurer that satisfies the 25 requirements of this Subsection, R.S. 22:651 or 652, and the regulations thereunder. 26 * * * 27 Section 2. Chapter 57 of Title 51 of the Louisiana Revised Statutes of 1950, 28comprised of R.S. 51:3141 through 3146, is hereby amended and reenacted to read as 29follows: Page 2 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-632 REENGROSSED HB NO. 522 1 CHAPTER 57. HOME SERVICE CONTRACT PROVIDERS 2 §3141. Scope and purpose; exemptions 3 A. The purposes of this Part are the following: 4 (1) To create a registration and assurance mechanism for home service 5 contract providers in this state. 6 (2) To encourage innovation in the marketing and development of more 7 economical and effective means of providing services under home service contracts 8 while placing the risk of innovation on the providers rather than on consumers. 9 (3) To permit and encourage fair and effective competition among different 10 systems of providing and paying for these services. 11 B. The following shall be exempt from this Chapter: 12 (1) Warranties as defined in this Chapter. 13 (2) Maintenance-only agreements as defined in this Chapter. 14 (3) Service contracts sold or offered for sale to persons other than 15 consumers. 16 (4) Contracts sold or offered for sale on a single new item of property at the 17 time of the sale of the property, or within one year of the date of the sale, which 18 guarantee the performance of the service, repair, replacement, or maintenance of the 19 property or guarantee to indemnify for the service, repair, replacement, or 20 maintenance of a single item of residential property. Service contracts sold or 21 offered for sale on a single item of property sold at the time of sale of the property 22 or within a year of the date of sale. 23 (5) A vehicle mechanical breakdown insurance policy or vehicle component 24 coverage contract offered by a vehicle mechanical breakdown insurer in compliance 25 with the applicable provisions of Title 22 of the Louisiana Revised Statutes of 1950. 26 (6) Tire and wheel coverage sold by a retailer as a part of a service package 27 in concert with the sale of one or more tires or one or more wheels in compliance 28 with the applicable provisions of Title 22 of the Louisiana Revised Statutes of 1950. Page 3 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-632 REENGROSSED HB NO. 522 1 C. The types of agreements referred to in Paragraphs (B)(1) through (4) of 2 this Section are not insurance in this state and shall be exempt from any provision 3 of the Louisiana Insurance Code. 4 §3142. Definitions 5 As used in this Chapter, unless the context otherwise requires, the following 6 words and phrases shall be defined as follows: 7 (1) "Administrator" means the person who is responsible for the 8 administration of the home service contract or the home service contract plan or who 9 is responsible for any submission required by this Chapter. 10 (2) "Consumer" means a natural person who buys, other than for purposes 11 of resale, any corporeal movable property, including a motor vehicle, that is 12 distributed in commerce and that is normally used for personal, family, or household 13 purposes and not for business or research purposes. 14 (3)(a) "Home service Service contract" means a home or motor vehicle 15 contract or agreement for a separately stated consideration for any duration to 16 perform the service, repair, replacement, or maintenance of property or 17 indemnification for service, repair, replacement, or maintenance, for the operational 18 or structural failure of any residential property due to a defect in materials, 19 workmanship, inherent defect, or normal wear and tear, with or without additional 20 provisions for incidental payment or indemnity under limited circumstances 21 including but not limited to towing, rental, and emergency road service. A home 22 service contract may provide for the service, repair, replacement, or maintenance of 23 property for damage resulting from power surges or interruption and accidental 24 damage from handling and may provide for leak or repair coverage to house roofing 25 systems. 26 (b) The term "service contract" also includes a contract or agreement for a 27 separately stated consideration for any duration that provides for any of the 28 following: Page 4 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-632 REENGROSSED HB NO. 522 1 (i) The repair or replacement of tires or wheels on a motor vehicle damaged 2 as a result of coming into contact with road hazards including but not limited to 3 potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps. 4 (ii) The removal of dents, dings, or creases on a motor vehicle that can be 5 repaired using the process of paintless dent removal without affecting the existing 6 paint finish and without replacing vehicle body panels, sanding, bonding, or painting. 7 (iii) The repair of chips or cracks in or the replacement of motor vehicle 8 windshields as a result of damage caused by road hazards. 9 (iv) The replacement of a motor vehicle key or key-fob in the event that the 10 key or key-fob becomes inoperable or is lost or stolen. 11 (c) A home service contract is not insurance in this state or otherwise 12 regulated under any provision of the Louisiana Insurance Code. 13 (4) "Maintenance-only agreement" means a contract of limited duration that 14 provides only for scheduled maintenance and does not include repair or replacement. 15 (5) "Motor vehicle manufacturer" means a person who is any of the 16 following: 17 (a) A manufacturer or producer of motor vehicles who sells motor vehicles 18 under the manufacturer's or producer's own name or label. 19 (b) The wholly owned subsidiary of a person who manufactures or produces 20 motor vehicles. 21 (c) A corporation which owns one-hundred percent of a person who 22 manufactures or produces motor vehicles. 23 (d) Not a manufacturer or producer of motor vehicles, but sells motor 24 vehicles under the trade name or label of another person who manufactures or 25 produces motor vehicles. 26 (e) A manufacturer or producer of motor vehicles who sells the motor 27 vehicles under the trade name or label of another person who manufactures or 28 produces motor vehicles. Page 5 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-632 REENGROSSED HB NO. 522 1 (f) Not a manufacturer or producer of motor vehicles but, pursuant to a 2 written contract, licenses the use of its trade name or label to another person who 3 manufactures or produces motor vehicles that sells motor vehicles under the 4 licensor's trade name or label. 5 (5) (6) "Person" means an individual, partnership, corporation, incorporated 6 or unincorporated association, joint stock company, reciprocal, syndicate, or any 7 similar entity or combination of entities acting in concert. 8 (6) (7) "Provider" means a person who is contractually obligated to provide 9 the services or indemnification under a home service contract. 10 (7) (8) "Provider fee" means the consideration paid for a home service 11 contract. 12 (9) "Reimbursement insurance policy" means a policy of insurance issued 13 to a provider to do either of the following: 14 (a) Provide reimbursement to the provider pursuant to the terms of the 15 insured service contracts issued or sold by the provider. 16 (b) In the event of the provider's nonperformance, pay on behalf of the 17 provider all covered contractual obligations incurred by the provider under the terms 18 of the insured service contracts issued or sold by the provider. 19 (10)(a) "Road hazard" means a hazard that is encountered while driving a 20 motor vehicle including but not be limited to potholes, rocks, wood debris, metal 21 parts, glass, plastic, curbs, or composite scraps. 22 (b) "Road hazard" shall not include any damage caused by collision with 23 another vehicle, vandalism, or other causes usually covered under the comprehensive 24 or collision coverages provided by an automobile physical damage policy. 25 (11) "Solvent" means assets exceed liabilities as calculated in accordance 26 with generally accepted accounting principles. 27 (8) (12) "Service contract holder" or "contract holder" means a person who 28 is the purchaser or holder of a home service contract. Page 6 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-632 REENGROSSED HB NO. 522 1 (9) (13) "Warranty" means a warranty made solely by the manufacturer, 2 importer, or seller of property or services, including builders on new home 3 construction, without consideration, that is not negotiated or separated from the sale 4 of the product and is incidental to the sale of the product, that guarantees indemnity 5 for defective parts, mechanical or electrical breakdown, labor, or other remedial 6 measures, such as repair or replacement of the property, or repetition of services. 7 §3143. Requirements for doing business 8 A. Home service Service contracts shall not be issued, sold, or offered for 9 sale in this state unless the provider has done each of the following: 10 (1) Registered with the secretary of state and remains in good standing. 11 (2) Provided a receipt for, or other written evidence of, the purchase of the 12 home service contract to the contract holder. 13 (3) Provided a copy of the home service contract to the service contract 14 holder within a reasonable period of time from the date of purchase. 15 B. Each provider of a home service contract sold in this state shall file an 16 application for an initial registration with the secretary of state consisting of his the 17 provider's name, address, telephone number, and contact person, designating a 18 person in this state for service of process, and providing a listing of all officers, all 19 directors, and all owners of ten percent or more of the business. Additionally, the 20 provider shall file a copy of its basic organizational documents, including articles of 21 incorporation, articles of organization, articles of association, or a partnership 22 agreement. Each application for registration shall be accompanied by a fee of six 23 hundred dollars. All fees shall be paid to the secretary of state. 24 C. A registration shall be effective for two years, unless the registration is 25 denied or revoked. Ninety days prior to the expiration of a registration, a provider 26 shall submit a renewal application on a form prescribed by the secretary of state and 27 a renewal fee of two hundred fifty dollars. All fees shall be paid to the secretary of 28 state. The deadline for complying with all requirements for initial registration as Page 7 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-632 REENGROSSED HB NO. 522 1 described in this Subsection, and for posting a two-year bond in the amount as 2 described in Subsection E of this Section is January fifteenth. 3 D. Each registrant shall notify the secretary of state of any material change 4 in the registration information within sixty days of the effective date of such change. 5 The notice shall be accompanied by supporting documentation. 6 E. In order to assure the faithful performance of a provider's obligations to 7 its contract holders and to insure its outstanding obligations, each provider shall 8 comply with one of the following as applicable: 9 (1) A provider that issues home service contracts shall obtain and file with 10 the secretary of state a surety bond issued by a company licensed to do business in 11 Louisiana in the amount of fifty thousand dollars. The term of the surety bond shall 12 coincide with the years the registration is effective as provided in Subsection C of 13 this Section. 14 (2)(a) Each service contract that covers motor vehicles or their component 15 parts shall be insured under a reimbursement insurance policy issued by an insurer 16 licensed, registered, or otherwise authorized to transact the business of insurance in 17 this state, and which complies with the provisions of Subsection F of this Section. 18 (b) A provider that issues service contracts that cover motor vehicles or their 19 component parts shall obtain and file with the secretary of state a copy of the 20 reimbursement insurance policy issued to the provider. 21 (c) The issuer of the reimbursement insurance policy required by this 22 Paragraph shall do either of the following: 23 (i) Maintain surplus as to policyholders and paid-in capital of at least fifteen 24 million dollars. 25 (ii) Maintain surplus as to policyholders and paid-in capital of less than 26 fifteen million dollars but at least equal to ten million dollars and maintain a ratio of 27 net written premiums, wherever written, to surplus as to policyholders and paid-in 28 capital of not greater than three to one. Page 8 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-632 REENGROSSED HB NO. 522 1 F. An insurer issuing a reimbursement insurance policy to a provider for any 2 motor vehicle service contract issued, offered for sale, or sold in this state shall 3 comply with all of the following: 4 (1) Be deemed to have received the premium for the insurance upon the 5 payment of the provider fee by a consumer for a service contract issued by an 6 insured provider. 7 (2) Provide reimbursement to, or payment on behalf of, the provider under 8 the terms of the insured service contracts issued or sold by the provider or, in the 9 event of the provider's nonperformance, provide or pay for, on behalf of the provider, 10 all covered contractual obligations incurred by the provider under the terms of the 11 insured service contracts issued or sold by the provider. 12 (3) Accept a claim arising under the contract directly from a contract holder, 13 if the provider does not comply with any contractual obligation pursuant to the 14 contract within sixty days of presentation of a valid claim by the contract holder. 15 (4)(a) Terminate or not renew the policy covering service contracts issued 16 in this state only after a notice of termination or nonrenewal is presented to the 17 secretary of state and commissioner of insurance, at least ten days prior to the 18 termination or nonrenewal of the policy. 19 (b) The termination or nonrenewal shall not reduce the insurer's 20 responsibility for any insured contract issued or sold prior to the date of termination 21 or nonrenewal. 22 F. G. Except for the registration requirements of this Section, providers, 23 administrators, and persons marketing, selling, or offering to sell home service 24 contracts are exempt from any licensing requirements of this state and shall not be 25 subject to other registration information or security requirements. 26 G. H. The marketing, sale, offering for sale, issuance, making, proposing to 27 make, and administration of home service contracts by providers and related service 28 contract sellers, administrators, and other persons is not insurance and shall be 29 exempt from all provisions of the Louisiana Insurance Code. Page 9 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-632 REENGROSSED HB NO. 522 1 I. Motor vehicle manufacturers are exempt from the registration and 2 financial responsibility requirements of this Section. 3 J. Nothing in this Section shall be construed to limit the right of the insurer 4 to seek indemnification or subrogation against the provider if the insurer provides 5 or pays, or is obligated to provide or pay, for any covered contractual obligation 6 incurred by the provider. 7 §3144. Required disclosures; service contracts 8 A. Each home service contract marketed, sold, offered for sale, issued, made, 9 proposed to be made, or administered in this state shall be written, printed, or typed 10 in clear, understandable language that is easy to read and shall disclose the 11 requirements set forth in this Section, as applicable. 12 B. Every home service contract shall contain all the following information: 13 (1) The name and address of the provider and shall identify any 14 administrator if different from the provider. 15 (2)(a) Service contracts insured under a reimbursement insurance policy 16 shall contain a statement in substantially the following form: "Obligations of the 17 provider under this service contract are insured under a service contract 18 reimbursement insurance policy." The service contract shall also state the name and 19 address of the insurer. 20 (b) This paragraph shall not apply to a motor vehicle manufacturer's service 21 contracts on the motor vehicle manufacturer's products. 22 (2) (3) The name of the service contract seller and name of the service 23 contract holder to the extent that the name of the service contract holder has been 24 furnished to the service contract provider. The identities of parties are not required 25 to be preprinted on the service contract and may be added to the service contract at 26 the time of sale. 27 (3) (4) The total purchase price and the terms under which the service 28 contract is sold. The purchase price is not required to be preprinted on the service 29 contract and may be negotiated at the time of sale with the service contract holder. Page 10 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-632 REENGROSSED HB NO. 522 1 (4) (5) The existence of any deductible amount, if applicable. 2 (5) (6) The goods and services to be provided and any limitations, 3 exceptions, or exclusions. 4 (6) (7) Any restrictions governing the transferability of the service contract, 5 if applicable. 6 (7) (8) The terms, restrictions, or conditions governing cancellation of the 7 service contract prior to the termination or expiration date of the service contract by 8 either the provider or the service contract holder. The provider of the service contract 9 shall mail a written notice to the contract holder at the last known address of the 10 service contract holder contained in the records of the provider at least fifteen days 11 prior to cancellation by the provider. Prior notice is not required if the reason for 12 cancellation is nonpayment of the provider fee, a material misrepresentation by the 13 service contract holder to the provider, or a substantial breach of duties by the 14 service contract holder relating to the covered product or its use. The notice shall 15 state the effective date of the cancellation and the reason for the cancellation. 16 (8) (9) The obligations and duties of the service contract holder, including 17 but not limited to the duty to protect against any further damage and any requirement 18 to follow an owner's manual. 19 (9) (10) Whether or not the service contract provides for or excludes 20 consequential damages or preexisting conditions, if applicable. Service contracts 21 may, but are not required to, cover damage resulting from rust, corrosion, or damage 22 caused by a noncovered part or system. 23 (10) (11) If prior approval of repair work is required, the procedure for 24 obtaining prior approval and for making a claim, including a toll-free telephone 25 number for claim service and a procedure for obtaining emergency repairs performed 26 outside of normal business hours. 27 (12) For a service contract covering a motor vehicle, a statement that the 28 service contract is not insurance and is not regulated by the Department of 29 Insurance. Page 11 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-632 REENGROSSED HB NO. 522 1 §3145. Consumer's right to cancel 2 A home service contract shall require every provider to permit the service 3 contract holder to return the home service contract within twenty days of the date the 4 home service contract was mailed to the service contract holder or within ten days 5 of delivery if the home service contract is delivered to the service contract holder at 6 the time of sale or within a longer time period permitted under the home service 7 contract. Upon return of the home service contract to the provider within the 8 applicable time period, if no claim has been made under the home service contract 9 prior to its return to the provider, the home service contract is void and the provider 10 shall refund to the service contract holder, or credit the account of the service 11 contract holder, with the full purchase price of the home service contract. The right 12 to void the home service contract provided is not transferable and shall apply only 13 to the original service contract holder and only if no claim has been made prior to its 14 return to the provider. A ten percent penalty per month shall be added to a refund 15 that is not paid or credited within forty-five days after return of the home service 16 contract to the provider. 17 §3146. Prohibited acts 18 A. A provider shall not use in its name the words "insurance", "casualty", 19 "surety", "mutual", or any other words descriptive of the insurance, casualty, or 20 surety business or a name deceptively similar to the name or description of any 21 insurance or surety corporation, or to the name of any other provider. The word 22 "guaranty" or similar word may be used by a provider. A provider shall include in 23 its home service contracts a statement in substantially the following form: "This 24 agreement is not an insurance contract." 25 B. A provider or its representative shall not in its home service contracts or 26 literature make, permit, or cause to be made any false or misleading statement, or 27 deliberately omit any material statement that would be considered misleading if 28 omitted. 29 Section 3. R.S. 22:361(3) is hereby repealed in its entirety. Page 12 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-632 REENGROSSED HB NO. 522 1 Section 4. This Act shall become effective on February 1, 2019. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 522 Reengrossed 2018 Regular Session Davis Abstract: Moves the registration of motor vehicle service contract providers from the Dept. of Insurance to the secretary of state. Proposed law defines "reinsurer", "vehicle mechanical breakdown insurance policy", "vehicle mechanical breakdown insurer", "service contract", "motor vehicle manufacturer", and "road hazard". Present law permits each vehicle mechanical breakdown insurer to also act as a reinsurer in accordance with regulations adopted by the commissioner of insurance. Present law further requires all reserves for credit disability insurance to be retained and held by the credit disability insurer. Proposed law retains present law and provides that a vehicle mechanical breakdown insurer shall be allowed credit for reinsurance ceded to an assuming insurer that satisfies the requirements of present law and the regulations thereunder. Present law provides for the regulation of home service contracts by the secretary of state. Proposed law retains present law and moves the regulation of motor vehicle service contract providers from the Dept. of Insurance to the secretary of state. Proposed law changes all references of "home service contracts" to "service contracts". Present law exempts contracts sold or offered for sale on a single new item of property at the time of the sale of the property, or within one year of the date of the sale, which guarantee the performance of the service, repair, replacement, or maintenance of the property or guarantee to indemnify for the service, repair, replacement, or maintenance of a single item of residential property. Proposed law repeals present law and adds an exemption for all of the following: (1)A service contract sold or offered for sale on a single item of property sold at the time of sale of the property or within a year of the date of sale. (2)A vehicle mechanical breakdown insurance policy or vehicle component coverage contract offered by a vehicle mechanical breakdown insurer in compliance with the applicable provisions of present law. (3)Tire and wheel coverage sold by a retailer as a part of a service package in concert with the sale of one or more tires or one or more wheels in compliance with the applicable provisions of present law. Present law establishes requirements for doing business as a home service contract provider. Proposed law retains present law and adds a requirement that each service contract that covers motor vehicles or their component parts be insured under a reimbursement insurance policy issued by an insurer licensed, registered, or otherwise authorized to transact the Page 13 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-632 REENGROSSED HB NO. 522 business of insurance in this state. Proposed law further requires the provider to file with the secretary of state a copy of the reimbursement insurance policy issued to the provider. Proposed law require the issuer of the reimbursement insurance policy to do either of the following: (1)Maintain surplus as to policyholders and paid-in capital of at least $15,000,000. (2)Maintain surplus as to policyholders and paid-in capital of less than $15,000,000 but at least equal to $10,000,000 and maintain a ratio of net written premiums, wherever written, to surplus as to policyholders and paid-in capital of not greater than three to one. Proposed law requires an insurer issuing a reimbursement insurance policy to a provider to comply with all of the following: (1)Be deemed to have received the premium for the insurance upon the payment of the provider fee by a consumer for a service contract issued by an insured provider. (2)Provide reimbursement to, or payment on behalf of, the provider under the terms of the insured service contracts issued or sold by the provider or, in the event of the provider's nonperformance, provide or pay for, on behalf of the provider, all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider. (3)Accept a claim arising under the contract directly from a contract holder, if the provider does not comply with any contractual obligation pursuant to the contract within 60 days of presentation of a valid claim by the contract holder. (4)Terminate or not renew the policy covering service contracts issued in this state only after a notice of termination or nonrenewal is presented to the secretary of state and commissioner of insurance, at least 10 days prior to the termination or nonrenewal of the policy. Present law requires certain disclosures to be included with each home service contract sold in the state. Proposed law retains present law and adds a requirement that service contracts insured under a reimbursement insurance policy contain a statement that the service contract is insured under a service contract reimbursement insurance policy and state the name and address of the insurer. Proposed law requires a motor vehicle service contract to contain a statement that the service contract is not insurance and is not regulated by the Dept. of Insurance. Proposed law prohibits an insurer that issues a reimbursement insurance policy from terminating the policy until a notice of termination has been mailed or delivered to the secretary of state. Proposed law further provides that the termination of a reimbursement insurance policy does not reduce the insurer's responsibility for service contracts issued by an insured provider prior to the date of the termination. Present law defines "mechanical reimbursement insurance". Proposed law repeals present law. (Amends R.S. 22:361(5), (9), and (10) and 362(B) and R.S. 51:3141-3146; Repeals R.S. 22:361(3)) Page 14 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-632 REENGROSSED HB NO. 522 Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Insurance to the original bill: 1. Exempt certain tire and wheel coverage. 2. Define "road hazard". 3. Require a service contract covering a motor vehicle to contain a statement that the service contract is not insurance regulated by the Dept. of Insurance and that any concerns regarding the service contract shall be directed to the secretary of state. 4. Delete proposed law relative to the cancellation of reimbursement insurance policies. 5. Make technical changes. The House Floor Amendments to the engrossed bill: 1. Delete the exemption for contracts on certain tangible property and add an exemption for contracts on a single item of property sold no later than one year after the original sale. 2. Clarify that a service contract may be for either a home or motor vehicle. 3. Clarify that the surety bond requirement applies to home service contract providers. 4. Clarify that the reimbursement insurance policy requirement applies to motor vehicle service contract providers. 5. Delete the requirement for a motor vehicle service contract to contain a statement directing concerns regarding the contract to the secretary of state. 6. Add an effective date. 7. Make technical changes. Page 15 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions.