26.1-37 Credit Insurance
Download pdf
Loading PDF...
<![CDATA[CHAPTER 26.1-37CREDIT INSURANCE26.1-37-01. Scope.1.This chapter may be cited as the "Consumer Credit Insurance Model Act".2.All consumer credit insurance issued or sold in connection with loans or other credit<br>transactions for personal, family, or household purposes is subject to the provisions<br>of this chapter, except:a.Insurance written in connection with a credit transaction that is:(1)Secured by a first mortgage or deed of trust; or(2)Made to finance the purchase of real property or the construction of a<br>dwelling thereon, or to refinance a prior credit transaction made for such<br>a purpose;b.Transactions involving extensions of credit primarily for business or commercial<br>purposes;c.Private passenger motor vehicle insurance or mobile homeowner's insurance;d.Creditor-placed insurance;e.Insurance sold as an isolated transaction on the part of the insurer and not<br>related to an agreement or a plan for insuring debtors of the creditor;f.Insurance for which no identifiable charge is made to the debtor; andg.Insurance on accounts receivable.26.1-37-02. Definitions. For the purposes of this chapter:1."Closed-end credit" means a credit transaction that does not meet the definition of<br>open-end credit.2."Collateral" means personal property that is pledged as security for the satisfaction<br>of a debt.3."Consumer credit insurance" is a general term used in this chapter to refer to any or<br>all of credit life insurance, credit accident and health insurance, credit unemployment<br>insurance, credit property, or any other credit insurance.4."Credit accident and health insurance" means insurance on a debtor to provide<br>indemnity for payments becoming due on a specific loan or other credit transaction<br>while the debtor is disabled as defined in the policy.5."Credit agreement" means the written document that sets forth the terms of the<br>credit transaction and includes the security agreement.6."Credit life insurance" means insurance on a debtor or debtors, pursuant to or in<br>connection with a specific loan or other credit transaction, to provide for satisfaction<br>of a debt, in whole or in part, upon the death of an insured debtor.7."Credit property insurance" means any policy, endorsement, rider, binder, certificate,<br>or other instrument or evidence of insurance covering perils to goods purchasedPage No. 1through a credit transaction or used as collateral for a credit transaction and which<br>concerns a creditor's interest in the purchased goods or pledged collateral either in<br>whole or in part.8."Credit transaction" means any transaction by the terms of which the repayment of<br>money loaned or loan commitment made, or payment for goods, services, or<br>properties sold or leased, is to be made at a future date or dates.9."Credit unemployment insurance" means insurance on a debtor to provide indemnity<br>for payments or debt becoming due on a specific loan or other credit transaction<br>while the debtor is involuntarily unemployed as defined in the policy.10."Creditor" means the lender of money or vendor or lessor of goods, services, or<br>property, rights, or privileges, for which payment is arranged through a credit<br>transaction, or any successor to the right, title, or interest of the lender, vendor, or<br>lessor, and an affiliate, associate, or subsidiary of any of them or any director,<br>officer, or employee of any of them, or any other person in any way associated with<br>any of them.11."Creditor-placed insurance" means insurance that is purchased unilaterally by the<br>creditor, who is the named insured, subsequent to the date of the credit transaction,<br>providing coverage against loss, expense, or damage to the collateralized personal<br>property as a result of fire, theft, collision, or other risks of loss that would either<br>impair a creditor's interest or adversely affect the value of collateral covered by dual<br>interest insurance. It is purchased according to the terms of the credit agreement as<br>a result of the debtor's failure to provide required physical damage insurance, with<br>the cost of the coverage being charged to the debtor. It is either single interest<br>insurance or limited dual interest insurance.12."Debtor" means a borrower of money or a purchaser or lessee of goods, services,<br>property, rights, or privileges for which payment is arranged through a credit<br>transaction.13."Dual interest insurance" means credit property insurance covering the seller's or<br>creditor's interest and at least partially the borrower's interest in the goods<br>purchased through the credit transaction or pledged as collateral for the credit<br>transaction.14."Finance charge" means any charge payable directly or indirectly as an incident to or<br>as a condition of the extension of credit, including interest; time price differentials;<br>amount payable under a discount system of additional charges; service, transaction,<br>or carrying charges; loan fees; points or similar charges; appraisal fees; or charges<br>incurred for investigating the creditworthiness of the consumer. The terms do not<br>include charges as a result of default, taxes, license fees, delinquency charges, or<br>filing fees.15."Gross debt" means the sum of the remaining payments owed to the creditor by the<br>debtor.16."Identifiable charge" means a charge for a type of consumer credit insurance that is<br>made to debtors having such insurance and not made to debtors not having such<br>insurance, and includes a charge for insurance that is disclosed in the credit or other<br>instrument furnished to the debtor which sets out the financial elements of the credit<br>transaction and any difference in the finance, interest, service, or other similar<br>charge made to debtors who are in like circumstances except for the insured or<br>noninsured status of the debtor or of the property used as security for the credit<br>transaction.Page No. 217."Net debt" means the amount necessary to liquidate the remaining debt in a single<br>lump sum payment, excluding all unearned interest and other unearned finance<br>charges.18."Open-end credit" means credit extended by a creditor under an agreement in<br>which:a.The creditor reasonably contemplates repeated transactions;b.The creditor imposes a finance charge from time to time on an outstanding<br>unpaid balance; andc.The amount of credit that may be extended to the debtor during the term of the<br>agreement, up to any limit set by the creditor, is generally made available to the<br>extent that any outstanding balance is repaid.26.1-37-03. Issuance of policies and certificates. All credit insurance subject to thischapter may be delivered or issued for delivery in this state only by an insurer authorized to do<br>an insurance business therein and may be issued only through holders of licenses or<br>authorizations issued by the commissioner.26.1-37-04. Forms of credit life insurance and credit accident and health insurance.Repealed by S.L. 2001, ch. 278, </p>
<BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content -->
<BR class=clear></DIV>
<!-- /div id = livearea -->
<DIV></DIV><!-- /.col.one -->
<DIV></DIV><!-- /.col.main -->
<DIV></DIV><!-- /#content --><BR class=clear>
<DIV></DIV><!-- /#livearea -->
<!-- Footer-->
<DIV id=footer>
<DIV class=container>
<P class=copyright>Copyright © 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright -->
<P class=footerlinks><A
href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A
href="/terms.html">Terms</A> | <A
href="/privacy.html">Privacy</A></P><!-- /.footerlinks -->
</DIV><!-- /.container -->
</DIV><!-- /footer -->
</BODY></HTML>
]]>