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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DeLUCA, BARBIN, BELFANTI, BRENNAN, BROWN, CALTAGIRONE, CASORIO, COHEN, CONKLIN, D. COSTA, P. COSTA, DEASY, DERMODY, FABRIZIO, FRANKEL, GIBBONS, GRUCELA, HARHAI, HARKINS, HORNAMAN, KORTZ, KOTIK, KULA, MAHONEY, MATZIE, MOUL, MURT, M. O'BRIEN, O'NEILL, PALLONE, PARKER, PASHINSKI, PETRARCA, READSHAW, SAINATO, SAYLOR, J. TAYLOR, VULAKOVICH, YOUNGBLOOD AND YUDICHAK, JUNE 12, 2009 |
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| REFERRED TO COMMITTEE ON INSURANCE, JUNE 12, 2009 |
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| AN ACT |
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1 | Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An |
2 | act relating to insurance; amending, revising, and |
3 | consolidating the law providing for the incorporation of |
4 | insurance companies, and the regulation, supervision, and |
5 | protection of home and foreign insurance companies, Lloyds |
6 | associations, reciprocal and inter-insurance exchanges, and |
7 | fire insurance rating bureaus, and the regulation and |
8 | supervision of insurance carried by such companies, |
9 | associations, and exchanges, including insurance carried by |
10 | the State Workmen's Insurance Fund; providing penalties; and |
11 | repealing existing laws," providing for motor vehicle service |
12 | contracts. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. The act of May 17, 1921 (P.L.682, No.284), known |
16 | as The Insurance Company Law of 1921, is amended by adding a |
17 | section to read: |
18 | Section 358. Motor Vehicle Service Contracts.--(a) The |
19 | marketing, sale, offering for sale, issuance, making, proposing |
20 | to make and administration of a motor vehicle service contract |
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1 | shall be construed as the business of insurance and shall be |
2 | subject to regulation as insurance. |
3 | (b) "Motor vehicle service contract" means a contract or an |
4 | agreement for a separately stated consideration for a specific |
5 | duration to perform the service, repair, replacement or |
6 | maintenance of a motor vehicle or indemnification for service, |
7 | repair, replacement or maintenance, for the operational or |
8 | structural failure due to a defect in materials, workmanship or |
9 | normal wear and tear with or without additional provisions for |
10 | incidental payment of indemnity under limited circumstances, |
11 | including, but not limited to, towing, rental and emergency road |
12 | service. The term "motor vehicle service contract" does not |
13 | include warranties issued by or from the original manufacturer |
14 | of a motor vehicle or a warranty, policy, rider or endorsement |
15 | issued by an insurer licensed or admitted to do business in this |
16 | Commonwealth. |
17 | Section 2. This act shall take effect in 60 days. |
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