Need help navigating the service contract, extended warranty or GAP waiver regulatory process?

If you are a provider, administrator, seller or insurer of service contracts or GAP waivers; or want to be, let us be your guide to all the state service contract/extended warranty and GAP waiver laws around the country.  We can help guide you through the licensing and registration hoops;  and also help you establish and maintain a compliant service contract, extended warranty or GAP program.

The Service Contracts Compass is designed to assist companies like yours by providing valuable information about changes in laws and regulations which may impact your service contract or GAP waiver programn and by offering compliance consulting services that can help you keep pace with the insurance laws. service contract laws and GAP waiver laws that govern your industry.

Depending on how your service contract program is structured, or if you are just starting out, some or all of the questions below may be worth exploring…and we can help!

– Do you wonder about recent law changes and need help implementing them accurately and timely?

– Do you need help developing a strategy to expand your program into other states?

– Are you considering the acquisition of an existing provider or program and need a due diligence audit?

– Do you and your program partners have the right license(s) for the kinds of service contracts that you offer or sell?

– Do you qualify for any exemptions that you may be unaware of?

– Are you calculating and returning refunds accurately in every jurisdiction?

– Could you benefit from a limited scope operational audit conducted by someone that is “on your team” to help identify potential regulatory problems before a regulator does?

– Do you have a knowledgeable resource who can offer issue-by-issue and state-by-state support for regulatory matters that may arise regarding your service contract program?

Be proactive rather than reactive!  Whether it’s regulatory filing support, contract analysis, or help communicating with a regulator, we have the experience and expertise in the world of service contract laws to offer strategies and solutions for every aspect of your program.

Please explore other areas of this site and be sure to read more about our firm’s practice group and its services. Check out our Service Contract and Extended Warranty Law Services and learn more about our Insurance Regulatory Practice Group.

Florida CS/SB 1252 – Consumer Goods Service Warranties

In the finals days of Florida’s legislative session, an omnibus insurance package is under development in both the House and Senate.   There are two versions currently under consideration  (CS/SB 1252 and CS/HB 1087) which would provide exemption from licensure for entities offering service warranties.  

 

Specifically, the legislation would exempt a service warranty company operating in Florida,  from licensure if the service warranties it offers are only offered, marketed, or sold to nonresidents of Florida, and meets other requirements.   In addition, the entity could not administer service warranties that were originally issued to residents of Florida.

 

The entity would be required to provide the following information to the Florida Office of Insurance Regulation annually:

 

– The type of products offered.

 

– A statement certifying that the products are not regulated in the state in which the entity is transacting business or that the entity is licensed in the state in which it is transacting business.

 

– The name of the person; the state of domicile; the home address of the entity; the name of the owners and their percentage of ownership; the names of the officers and directors; the name, e-mail and telephone number of a contact person; the states in which it is transacting business; and how many individuals are employed in Florida.

 

The entity would be required to provide written notice to the Florida Office of Insurance Regulation within 30 days after ceasing its operations in Florida.

 

The House bill is on the special order calendar for this coming Friday. The Senate bill goes to the full Senate (Special Order) at the discretion of the Rules Committee.  This section would be effective upon becoming a law.

The information on this website is provided solely for informational purposes and presents only highly condensed summaries or general information relating to the topics presented. Therefore, it should not be relied upon as a complete record for purposes of regulatory compliance, nor is it intended to furnish legal advice adequate to any particular circumstances.  (c) Copyright Shirley F. Kerns 2016