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Section 12762 Of Chapter 3. Other Provisions From California Insurance Code >> Division 2. >> Part 7. >> Chapter 3.
12762
. (a) A home protection contract shall specify, in clear and
conspicuous terms, the following information:
(1) Each of the appliances, systems and components covered by the contract.
(2) All exclusions and limitations respecting the extent of coverage.
(3) The period during which the contract will remain in effect, the protection contract fee and the renewal terms, if any.
(4) With respect to the performance of services by the home protection company, all of the following:
(A) The services to be performed by the company and the terms and conditions of such performance.
(B) The service fee or fees, if any, to be charged for such services.
(C) All limitations respecting the performance of services, including any restrictions as to the time period when or geographical area within which services may be requested or will be performed.
(D) A statement that services will be performed upon telephonic request therefor to the company, without any requirement that claim forms or applications be filed prior to the rendition of service.
(E) A representation that services will be initiated by or under the direction of the company within 48 hours after request is made for such services by any person entitled to make such request under the contract, or the agent of such person.
(b) The commissioner may adopt, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such reasonable regulations as may be necessary to make more specific the provisions of this section. Those regulations may also establish such other contract form standards and requirements as the commissioner may deem necessary and appropriate in the public interest. However, this section does not authorize the commissioner to specify those appliances, systems, or components which must be covered by a home protection contract except to the extent necessary to guarantee the equity of the exclusions from coverage offered or provided under a contract, or to the extent necessary to avoid illusory coverage due to the nature or extent of exclusions from the contract.
(1) Each of the appliances, systems and components covered by the contract.
(2) All exclusions and limitations respecting the extent of coverage.
(3) The period during which the contract will remain in effect, the protection contract fee and the renewal terms, if any.
(4) With respect to the performance of services by the home protection company, all of the following:
(A) The services to be performed by the company and the terms and conditions of such performance.
(B) The service fee or fees, if any, to be charged for such services.
(C) All limitations respecting the performance of services, including any restrictions as to the time period when or geographical area within which services may be requested or will be performed.
(D) A statement that services will be performed upon telephonic request therefor to the company, without any requirement that claim forms or applications be filed prior to the rendition of service.
(E) A representation that services will be initiated by or under the direction of the company within 48 hours after request is made for such services by any person entitled to make such request under the contract, or the agent of such person.
(b) The commissioner may adopt, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such reasonable regulations as may be necessary to make more specific the provisions of this section. Those regulations may also establish such other contract form standards and requirements as the commissioner may deem necessary and appropriate in the public interest. However, this section does not authorize the commissioner to specify those appliances, systems, or components which must be covered by a home protection contract except to the extent necessary to guarantee the equity of the exclusions from coverage offered or provided under a contract, or to the extent necessary to avoid illusory coverage due to the nature or extent of exclusions from the contract.
