Florida Statutes 634.1213 – Noncompliant forms
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 634.1213
- Insurer: means any property or casualty insurer duly authorized to transact such business in this state. See Florida Statutes 634.011
- service agreement: means any contract or agreement indemnifying the service agreement holder for the motor vehicle listed on the service agreement and arising out of the ownership, operation, and use of the motor vehicle against loss caused by failure of any mechanical or other component part, or any mechanical or other component part that does not function as it was originally intended; however, nothing in this part shall prohibit or affect the giving, free of charge, of the usual performance guarantees by manufacturers or dealers in connection with the sale of motor vehicles. See Florida Statutes 634.011
- service agreement company: means any corporation, sole proprietorship, or partnership (other than an authorized insurer) issuing motor vehicle service agreements. See Florida Statutes 634.011
The office may order a service agreement company to stop using any service agreement form that:
(1) Is in any respect in violation of or does not comply with this part, any applicable provision of the Florida Insurance Code, or any applicable rule of the office.
(2) Contains or incorporates by reference when such incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses, or exceptions and conditions which deceptively affect the risk purported to be assumed in the general coverage of the service agreement.
(3) Has any title, heading, or other indication of its provisions which is misleading.
(4) Is printed or otherwise reproduced in such manner as to render any material provision of the form substantially illegible.
(5) Contains any provision which is unfair or inequitable or which encourages misrepresentation.
(6) Contains any provision which makes it difficult to determine the actual insurer or service agreement company issuing the form.
(7) Contains any provision for reducing claim payments due to depreciation of parts, except for marine engines.