16a-4-110. (UCCC) Charge for insurance in connection with a refinancing or consolidation; duplicate charges. (1) A creditor may not contract for or receive a separate charge for insurance in connection with a refinancing (section 16a-2-504) or a consolidation (section 16a-2-505), unless:
(a) The consumer agrees at or before the time of refinancing or consolidation that the charge may be made;
(b) the consumer is or is to be provided with insurance for an amount or a term, or insurance of a kind, in addition to that to which he would have been entitled had there been no refinancing or consolidation;
(c) the consumer receives a refund or credit on account of any unexpired term of existing insurance in the amount that would be required if the insurance were terminated (section 16a-4-108); and
(d) the charge does not exceed the amount permitted by this article (section 16a-4-107).
(2) A creditor may not contract for or receive a separate charge for insurance which duplicates insurance with respect to which the creditor has previously contracted for or received a separate charge.
History: L. 1973, ch. 85, § 70; L. 1993, ch. 200, § 13; January 1, 1994.
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.