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.

Oklahoma – New Home Service Contract Act (Senate Bill 780)

On November 1, 2011, Oklahoma’s new Home Service Contract Act became effective, establishing a new framework for regulating the home service contract industry in this state. 

 

The new law enacts a regulatory framework much like what has been adopted in a number of states for regulating all forms of service contracts.  However, this new law applies only to home service contracts and does not change ore repeal current requirements applicable to obligor companies (service warranty associations) offering service warranties (service contracts) covering motor vehicles or consumer goods. 

 

The new law requiresa three-year registration of the provider (oblig0r) which includes demonstrating compliance with one of three financial responsibility methods:  1) insuring the program through a contractual liability policy;  2) maintaining an  unearned premium reserve AND posting a security deposit with the Insurance Commissioner, or 3) maintaining net worth of at least $25 million.    The net worth of an obigor’s parent company may be considered when meeting this net worth standard. 

 

The new law also establishes certain requirements for the content (consumer disclosures) of a home service contract as well as any contractual liability policy used to qualify as an obligor/provider.  In addition, an insurer that writes such a CLP must meet minimum capital and surplus requirements as well.

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