California Insurance Code 12805 – (a) Notwithstanding Sections 103 and 116, the following types of …
(a) Notwithstanding Sections 103 and 116, the following types of agreements covering watercraft or motor vehicles shall not constitute insurance:
(1) A vehicle service contract that does each of the following:
Terms Used In California Insurance Code 12805
- Contract: A legal written agreement that becomes binding when signed.
(A) Names as the obligor a motor vehicle manufacturer or distributor licensed in that capacity by the Department of Motor Vehicles, or a watercraft manufacturer.
(B) Covers only motor vehicles or watercraft manufactured, distributed, or sold by that obligor.
(2) A vehicle service contract in which the obligor is a seller, provided that the obligor complies with all provisions of this part except Section 12815.
(3) A vehicle service contract sold by a seller in which the obligor is a party other than the seller, provided that the obligor complies with all provisions of this part.
(4) An agreement in which the obligor is a motor vehicle or watercraft part manufacturer, distributor, or retailer, that covers no more than the following items:
(A) The repair or replacement of a part manufactured, distributed, or retailed by that obligor.
(B) Consequential and incidental damage resulting from the failure of that part.
(5) An agreement in which the obligor is a repair facility, that is entered into pursuant and subsequent to repair work previously performed by that repair facility, and that is limited in scope to the following:
(A) The repair or replacement of the part that was previously repaired.
(B) Consequential and incidental damage resulting from the failure of that part.
(6) An agreement promising only routine maintenance that does not constitute a vehicle service contract.
(7) An agreement whereby an employer promises, or a third party contracted by the employer and acting on the employer’s behalf provides, mileage reimbursement or routine vehicle maintenance or noncollision repairs, or any combination of these benefits, to the employer’s employees for personal vehicles used in the employer’s business.
(b) The types of agreements described in paragraphs (4) to (7), inclusive, of subdivision (a) are exempt from all provisions of this part.
(c) Vehicle service contracts described in paragraph (1) of subdivision (a) are exempt from the provisions of Sections 12815, 12830, 12835, and 12845.
(Amended by Stats. 2016, Ch. 386, Sec. 4. (AB 2354) Effective January 1, 2017.)