41-114A. SERVICE CONTRACTS. (1) The term "service contract," as used in this section, means a contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement or maintenance of property or to reimburse, in whole or in part, the owner of such property for the repair, replacement or maintenance of property if an operational or structural failure is due to a defect in materials or manufacturing or to normal wear and tear. A service contract may contain a provision for incidental payment under such contract where service, repair or replacement is not feasible or economical. Service contracts, other than motor vehicle service contracts subject to the provisions of the Idaho motor vehicle service contract act, chapter 62, title 41, Idaho Code, may provide for the repair, replacement or maintenance of property for damage resulting from power surges and accidental damage from handling.
(2) The marketing, sale, offering for sale, issuance, making, proposing to make, and administration of a service contract is exempt from the provisions of title 41, Idaho Code.
(3) Service contracts shall be subject to the provisions of the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
History:
[41-114A, added 2000, ch. 249, sec. 1, p. 702; am 2008, ch. 137, sec. 1, p. 396; am. 2018, ch. 116, sec. 3, p. 247.]
Structure Idaho Code
Chapter 1 - SCOPE OF INSURANCE CODE — GENERAL PROVISIONS
Section 41-102 - “INSURANCE” DEFINED.
Section 41-103 - “INSURER” DEFINED.
Section 41-104 - “PERSON” DEFINED.
Section 41-105 - “DIRECTOR,” “DEPARTMENT” DEFINED.
Section 41-106 - “DOMESTIC,” “FOREIGN,” “ALIEN” INSURER DEFINED.
Section 41-107 - “STATE” DEFINED.
Section 41-108 - “DOMICILE” DEFINED.
Section 41-109 - “PRINCIPAL OFFICE” DEFINED.
Section 41-110 - “AUTHORIZED,” “UNAUTHORIZED” INSURER DEFINED.
Section 41-111 - “CERTIFICATE OF AUTHORITY,” “LICENSE” DEFINED.
Section 41-112 - “TRANSACTING INSURANCE” DEFINED.
Section 41-113 - COMPLIANCE REQUIRED — PUBLIC INTEREST.
Section 41-114 - APPLICATION OF CODE AS TO PARTICULAR TYPES OF INSURERS.
Section 41-114A - SERVICE CONTRACTS.
Section 41-114B - LEGAL SERVICE EXPENSE PLANS.
Section 41-115 - PARTICULAR PROVISIONS PREVAIL.
Section 41-116 - CAPTIONS NOT TO AFFECT MEANING.
Section 41-117 - GENERAL PENALTY.
Section 41-117A - PENALTY FOR TRANSACTING INSURANCE WITHOUT PROPER LICENSING.
Section 41-118 - “CHAPTER” DEFINED.
Section 41-119 - APPLICABILITY OF CODE UNDER UNREPEALED LAWS.
Section 41-120 - CHARITABLE GIFT ANNUITIES.
Section 41-121 - EXEMPTION OF HEALTH CARE SHARING MINISTRIES FROM THE INSURANCE CODE.