Section 12740 Of Chapter 1. Definitions And Licensing From California Insurance Code >> Division 2. >> Part 7. >> Chapter 1.
12740
. The definitions used in this section govern the construction
and terms used in this part but shall not affect any other
provisions of this code:
(a) "Home protection contract" means a contract or agreement
whereby a person, other than a builder, seller, or lessor of the home
which is the subject of the contract, undertakes for a specified
period of time, for a predetermined fee, to repair or replace all or
any part of any component, system or appliance of a home necessitated
by wear and tear, deterioration or inherent defect, arising during
the effective period of the contract, and, in the event of an
inspection conducted pursuant to subdivision (b) of Section 12761, by
the failure of that inspection to detect the likelihood of any such
loss.
Such contract shall provide for a system of service for
effectuating such repair or replacement and shall not include
protection against consequential damage from the failure of any
component, system or appliance.
(b) "Home protection company" means any person licensed pursuant
to this part which issues home protection contracts.
(c) "Protection contract fee" means the consideration received, or
to be received, by a home protection company for the issuance of any
home protection contract.
A home protection contract fee shall be the fee established by a
home protection company for coverage extending one year from the
effective date of the contract. Where initial coverage is provided
for a period in excess of one year, the home protection contract fee
shall be the annual fee, plus a separately stated pro rata portion of
the annual fee for the period of coverage which exceeds one year.
(d) "Home" or "residential property" as used in this part means
any single or multiple unit or units, including mobilehomes, (as
defined in Health and Safety Code Section 18211) used primarily for
residential purposes.