16a-4-104. (UCCC) Creditor's provision of and charge for insurance; excess amount of charge. (1) Except as otherwise provided in this article and subject to the provisions on additional charges (section 16a-2-501) and maximum finance charges (parts 2 and 4 of article 2), a creditor may agree to provide insurance, and may contract for and receive a charge for insurance separate from and in addition to other charges. A creditor need not make a separate charge for insurance provided or required by him. This act does not authorize the issuance of any insurance prohibited under any statute, or rule thereunder, governing the business of insurance.
(2) The excess amount of a charge for insurance provided for in agreements in violation of this article is an excess charge for the purposes of the provisions of the article on remedies and penalties (article 5) as to effect of violations on rights of parties (section 16a-5-201) and of the provisions of the article on administration (article 6) as to civil actions by the administrator (section 16a-6-113).
History: L. 1973, ch. 85, ยง 64; January 1, 1974.
Structure Kansas Statutes
Chapter 16a - Consumer Credit Code
16a-4-103 (UCCC) Definition: "Consumer credit insurance."
16a-4-104 (UCCC) Creditor's provision of and charge for insurance; excess amount of charge.
16a-4-105 (UCCC) Conditions applying to insurance to be provided by creditor.
16a-4-106 (UCCC) Unconscionability.
16a-4-107 (UCCC) Maximum charge by creditor for insurance.
16a-4-108 (UCCC) Refund or credit required; amount.
16a-4-109 (UCCC) Existing insurance; choice of insurer; notice of option.
16a-4-111 (UCCC) Cooperation between administrator and commissioner of insurance.
16a-4-112 (UCCC) Administrative action of commissioner of insurance.
16a-4-201 (UCCC) Term of insurance.
16a-4-202 (UCCC) Amount of insurance.
16a-4-203 (UCCC) Filing and approval of rates and forms.
16a-4-301 (UCCC) Property insurance.
16a-4-302 (UCCC) Insurance on creditor's interest only.