New York Insurance Code § 7905

Required disclosures; service contract
Open in Lexace · Ask the AI about this section
§ 7905. Required disclosures; service contract. (a) Service contracts\nmarketed, sold or offered for sale, issued, made, proposed to be made or\nadministered in this state shall be dated and written in clear,\nunderstandable language and the entire service contract shall be printed\nor typed in easy to read type and disclose the requirements of this\nsection, as applicable.  The date the service contract is issued is not\nrequired to be preprinted on the service contract and may be added or\nattached to the service contract at the time of sale.\n  (b) Service contracts insured under a service contract reimbursement\ninsurance policy pursuant to paragarph one of subsection (c) of section\nseven thousand nine hundred three of this article shall contain a\nstatement in substantially the following form:  "Obligations of the\nprovider under this service contract are insured under a service\ncontract reimbursement insurance policy. If the provider fails to pay or\nprovide service on a claim within sixty days after proof of loss has\nbeen filed, the contract holder is entitled to make a claim directly\nagainst the insurer under the service contract reimbursement insurance\npolicy." The service contract shall also state the name and address and\na toll-free telephone number of the insurer under the related service\ncontract reimbursement insurance policy.\n  (c) Service contracts not insured under a service contract\nreimbursement insurance policy pursuant to paragraph one of subsection\n(c) of section seven thousand nine hundred three of this article shall\ncontain a statement substantially to the following effect: "Obligations\nof the provider under this service contract are backed by the full faith\nand credit of the provider." The service contract shall also state the\nname and address of the provider thereunder.\n  (d) Service contracts shall identify any administrator if different\nfrom the provider or seller, the provider, and the service contract\nseller.  The identities of such parties are not required to be\npreprinted on the service contract and may be added to the service\ncontract at the time of sale.  Service contracts shall clearly state the\nprocedure that the service contract holder must take to obtain service\nunder the terms and conditions of the service contract.\n  (e) Service contracts shall state the total purchase price and the\nterms and conditions under which the service contract is sold. The\npurchase price is not required to be preprinted on the service contract\nand may be negotiated at the time of sale with the service contract\nholder.\n  (f) If prior approval of repair work is required, the service\ncontracts shall state the procedure for obtaining prior approval and for\nmaking a claim, including a toll free telephone number for claim service\nand if the service contracts provide services essential to public\nhealth, safety or welfare, the service contracts shall either provide\nfor twenty-four hour telephone assistance or state the procedure for\nobtaining emergency repairs performed outside of normal business hours.\nThe superintendent may promulgate regulations necessary to effectuate\nthis subsection as authorized by section seven thousand nine hundred\neleven of this article.\n  (g) Service contracts shall state the existence of any deductible\namount thereunder if applicable.\n  (h) Service contracts shall specify the merchandise and services to be\nprovided and any limitations, exceptions or exclusions from coverage\nthereunder if applicable.\n  (i) Service contracts covering motor vehicles shall state whether the\nuse of non-original manufacturers' parts may be allowed.  Conditions\nstated shall comply with applicable state and federal laws.\n  (j) Service contracts shall state any terms, restrictions or\nconditions governing the transferability of such service contracts.\n  (k) Service contracts shall state the terms, restrictions or\nconditions governing termination of the service contract by

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.