523C.7  Filing of forms of contract--fee.

1.  A residential service contract shall not be issued or used in this state unless it has been filed with and approved by the commissioner. If the commissioner fails to inform the service company of objections to the form of the residential service contract within thirty days after filing, the residential contract shall be deemed to have been approved by the commissioner provided it otherwise complies with this section.

2.  Residential service contracts shall:

a.  Be written in nontechnical, readily understood language, using words with common and everyday meanings.

b.  Clearly, conspicuously, and plainly specify all of the following:

(1)  The services to be performed by the service company, and the terms and conditions of performance.

(2)  The fee, if any, to be charged for a service call.

(3)  Each of the systems, appliances, and components covered by the contract.

(4)  Any exclusions and limitations respecting the extent of coverage.

(5)  The period during which the contract will remain in effect.

(6)  All limitations respecting the performance of services, including any restrictions as to the time periods when services may be requested or will be performed.

(7)  The following statement: "The issuer of this contract is subject to regulation by the insurance division of the department of commerce of the state of Iowa. Complaints which are not settled by the issuer may be sent to the insurance division."

c.  Provide for the performance of services only. A residential service contract shall not provide for a payment to, or reimbursement or indemnification of the holder of the contract.

d.  Provide for the performance of services upon a request by telephone to the service company without a requirement that claim forms or applications be filed prior to the rendition of services.

e.  Provide for the initiation of services by or under the direction of the service company within forty-eight hours of the request for the services by the holder of the contract.

3.  Any application for a residential service contract shall notify the purchaser that the person submitting the application to the service company for the purchaser is acting as the representative of the service company and not of the purchaser in that transaction.

4.  To the extent necessary to administer the provisions of this chapter, the commissioner may, after notice and hearing, institute a residential service contract form approval or form review fee as the commissioner shall by rule set. The fee, if imposed, may be by dollar amount or based upon a percentage of the sale value of the contract.

5.  A complete copy of the terms of the residential service contract shall be delivered to the prospective service contract holder at or before the time that the prospective service contract holder makes application for the service contract. If there is no separate application procedure, then a complete copy of the residential service contract shall be delivered to the service contract holder at or before the time the service contract holder becomes bound under the contract.

Section History: Recent form

  83 Acts, ch 87, § 8; 87 Acts, ch 234, §434; 98 Acts, ch 1189, §21

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