Terms Used In Louisiana Revised Statutes 32:1274

  • Administrator: means a third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties. See Louisiana Revised Statutes 32:1272
  • Commission: means the Louisiana Motor Vehicle Commission. See Louisiana Revised Statutes 32:1272
  • Executive director: means the executive director of the Louisiana Motor Vehicle Commission. See Louisiana Revised Statutes 32:1272
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Service of process: The service of writs or summonses to the appropriate party.
  • Vehicle protection product: means a vehicle protection device, system, or service that is:

    (i)  Installed on or applied to a vehicle. See Louisiana Revised Statutes 32:1272

  • warrantor: means a person who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement. See Louisiana Revised Statutes 32:1272
  • warranty: means a written agreement by a warrantor that provides if the vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, that the warrantor will pay to or on behalf of the warranty holder specified incidental costs as a result of the failure of the vehicle protection product to perform pursuant to the terms of the warranty. See Louisiana Revised Statutes 32:1272

A.  A person may not operate as a warrantor or represent to the public that the person is a warrantor unless the person is licensed by the commission on a form prescribed by the executive director.

B.  Warrantor registration records shall be filed annually and shall be updated within thirty days of any change.  The registration records shall contain the following information:

(1)  The warrantor’s name, any fictitious names under which the warrantor does business in the state, principal office address, and telephone number.

(2)  The name and address of the warrantor’s agent for service of process in the state if other than the warrantor.

(3)  The names of the warrantor’s executive officer or officers directly responsible for the warrantor’s vehicle protection product business.

(4)  The name, address, and telephone number of any administrators designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this state.

(5)  A copy of the warranty reimbursement insurance policy or policies or other financial information required by R.S. 32:1275.

(6)  A copy of each warranty the warrantor proposes to use in this state.

(7)  A statement indicating under which provision of R.S. 32:1275 the warrantor qualifies to do business in this state as a warrantor.

C.  If a registrant fails to register by the renewal deadline, the executive director shall give him written notice of the failure and the registrant will have thirty days from mailing of the notice to complete the renewal of his registration before he is suspended from being registered in this state.

D.  An administrator or person who sells or solicits a sale of a vehicle protection product but who is not a warrantor shall not be required to register as a warrantor or be licensed under the insurance laws of this state to sell vehicle protection products.

E.(1)  The licensing fee for a warrantor for each calendar year or part thereof shall not exceed five hundred dollars as fixed by the commission.

(2)  All licensing fees collected under the provisions of this Section shall be paid to the commission, shall be nonrefundable, and shall be used for the administration of this Chapter by the commission.

(3)  Upon approval of an application and the payment of a fee, the commission shall issue a license to the applicant to engage in business as a warrantor under and in accordance with the provisions of Chapter 6 of this Title and this Chapter for a period which shall expire the last day of December following the date of issuance.  Such license shall not be transferable or assignable.

Acts 2007, No. 388, §1, eff. Jan. 1, 2008; Acts 2008, No. 893, §1, eff. July 10, 2008.