Arizona Laws 6-1413. Other charges allowed
A. A licensee may contract for, and if so contracted for, may collect a service charge for financing or arranging the financing of premiums under the agreement in an amount not to exceed ten dollars for each premium finance agreement. The service charge need not be refunded on cancellation, prepayment or acceleration of the agreement.
Terms Used In Arizona Laws 6-1413
- Bank: means a corporation that holds a banking permit issued pursuant to chapter 2 of this title. See Arizona Laws 6-101
- Contract: A legal written agreement that becomes binding when signed.
- Insured: means any person covered under an insurance contract or other evidence of insurance coverage subject to regulation under title 20. See Arizona Laws 6-1401
- Premium finance agreement: means a written agreement by which an insured or prospective insured agrees to pay to a premium finance company the amount advanced or to be advanced under the written agreement to an insurance producer in payment of premiums of an insurance contract together with interest or discount and a service charge as authorized and limited by this article. See Arizona Laws 6-1401
- Premium finance company: means a person engaged in whole or in part in the business of financing insurance premiums, entering into premium finance agreements with insureds or otherwise acquiring premium finance agreements from insurance producers or other premium finance companies. See Arizona Laws 6-1401
B. A premium finance agreement on a contract providing insurance coverage for an individual, family or household purpose, may provide for the payment by the insured of a delinquency charge of five per cent of the delinquent installment or ten dollars, whichever is less, on any installment which is in default for a period of five days or more.
C. A premium finance agreement on a contract providing insurance coverage for any entity involved in transactions solely for business purposes may provide for the payment by the insured of a delinquency charge of five per cent of the delinquent installment on any installment which is in default for a period of five days or more.
D. If the default results in the cancellation of any insurance contract listed in the premium finance agreement, the premium finance agreement may provide for the payment by the insured of a cancellation charge of fifteen dollars.
E. A licensee that receives a check, draft, negotiable order of withdrawal or similar instrument drawn on a bank or other depository institution which is offered by an insured in full or partial payment on a premium finance agreement and the instrument is not paid or is dishonored by the institution, may charge and collect from the insured a bad check charge in the amount of ten dollars or the actual charge made to the premium finance company by the depository institution for the return of the unpaid or dishonored instrument, whichever is more.
F. A premium finance agreement may provide for payment of collection costs, attorney fees equal to twenty per cent of the outstanding indebtedness and any other charges which arise because of breach of the contract.
G. The charges referred to in this section shall not be considered directly or indirectly to be interest or prepaid finance charges for entering into a premium finance agreement.
H. A premium finance company shall not, except as otherwise provided by law, impose, take, receive from, reserve or charge an insured greater charges than are permitted by this article.