50-6,114. Vehicle protection products; definitions; not insurance. - Kansas Statutes

50-6,114

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION Article 6.--CONSUMER PROTECTION

      50-6,114.   Vehicle protection products; definitions;not insurance.(a) As used in this section:

      (1)   "Vehicle protection product" means a vehicle protection device, system orservice that is:

      (A)   Installed on or applied to a vehicle;

      (B)   is designed to prevent loss or damage to a vehicle from a specific cause;and

      (C)   includes a written warranty.

      For purposes of this section, the term vehicle protection product shallinclude, without limitation, alarm systems, body part marking products,steering locks, window etch products, pedal and ignition locks, fuel andignition kill switches and electronic, radio and satellite tracking devices;

      (2)   "vehicle protection product warranty" or "warranty" means a writtenagreement by a warrantor that provides if the vehicle protection product failsto prevent loss or damage to a vehicle from a specific cause, that thewarrantor will pay to or on behalf of the warranty holder specified incidentalcosts as a result of the failure of the vehicle protection product to performpursuant to the terms of the warranty;

      (3)   "incidental costs" means expenses specified in the warrantyincurred by the warranty holder related to the failure of the vehicleprotection product to perform as provided in the warranty. Incidentalcosts may include, without limitation, insurance policy deductibles,rental vehicle charges, the difference between the actual value of thestolen vehicle at the time of theft and the cost of a replacement vehicle,sales taxes, registration fees, transaction fees and mechanicalinspection fees; and

      (4)   "warrantor" means a person who is contractually obligated tothe warranty holder under the terms of the vehicle protectionproduct warranty agreement. Warrantor does not include anauthorized insurer providing a warranty reimbursement insurancepolicy.

      (b)   Vehicle protection products are not required to comply with and are notsubject to any provisions of chapter 40 of the Kansas Statutes Annotated, andamendments thereto.

      (c)   The adoption of this section does not imply that a vehicleprotection product warranty was insurance prior to July 1, 2008.

      History:   L. 2008, ch. 79, § 1; July 1.