AB 74, which was recently signed by Nevada’s Governor, will eliminate one of the industry’s standard methods for service contract providers to satisfy financial responsibility requirements in that state. The new law, effective October 1, 2011, eliminates the reserve account and deposit method that has been available for many years.
The new law, which applies to motor vehicle, consumer goods and home service contract programs, maintains the ability to insure a service contract program through a contractual liability policy or for a provider to demonstrate a $100M net worth. However, the new law now prohibits use of a contractual liability policy issued by an insurer affiliate.
The Nevada Division of Insurance is considering how the term “affiliate” will be defined and will likely do so through administrative rulemaking. The Division also has indicated, at least as of this time, that it does not believe the new law provides for “grandfathering” of the reserve option for contracts that are in-force at the time the new law becomes effective. However, the Division is considering a plan to synchronize the enforcement of the new law with the renewal date of a provider’s registration, following October 1, 2011.
