| 1 | Representative(s) Kravitz offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (375235) |
| 4 | Remove line(s) 46-59 and insert: |
| 5 | h. Insurance covering communications insurance when the |
| 6 | insurance is included at no additional charge with the purchase |
| 7 | of a service contract and the service contract is not available |
| 8 | separately and when the person paying for the insurance: |
| 9 | (I) Has an ongoing contractual interest or other economic |
| 10 | interest in the communications equipment; |
| 11 | (II) Requires the communications equipment to deliver its |
| 12 | services; |
| 13 | (III) Discloses the cost of the insurance at the time the |
| 14 | communications equipment is sold; |
| 15 | (IV) Provides the insurance to every person who purchases |
| 16 | a service warranty contract on the equipment and does not |
| 17 | provide the insurance to anyone who does not purchase a service |
| 18 | warranty contract on the equipment; |
| 19 | (V) Discloses in writing the premium paid to the insurer |
| 20 | for the insurance, on a monthly basis for each item, to the |
| 21 | covered customer at the time the communications equipment is |
| 22 | sold and on the monthly bill provided to the covered customer; |
| 23 | (VI) Provides the insurance at no additional cost to every |
| 24 | person who purchases a service warranty contract on the |
| 25 | equipment and discloses to each customer to which a service |
| 26 | warranty contract is offered that the insurance is available |
| 27 | separately to anyone who does not purchase a service warranty |
| 28 | contract on the equipment for the same monthly premium disclosed |
| 29 | pursuant to sub-sub-subparagraph (III); |
| 30 | (VII) Provides to each insured a separate certificate or |
| 31 | policy of insurance that includes the name, address and toll- |
| 32 | free telephone number of the insurer and instructions for |
| 33 | filing a claim under the certificate or policy of insurance; and |
| 34 |
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| 35 | For purposes of this sub-subparagraph, the term "communications |
| 36 | equipment" means handsets, pagers, or personal digital |
| 37 | assistants used to originate or receive communications signals |
| 38 | or service. |
| 39 | 4. An officer of the service warranty association |
| 40 | certifies, under oath, annually to the Office of Insurance |
| 41 | Regulation that the retail charge for the service warranty |
| 42 | contract described in sub-sub-subparagraph (IV) does not include |
| 43 | any cost or charge for the insurance provided under this sub- |
| 44 | subparagraph. |
| 45 | 5. Service warranty contract fees may not be used in any |
| 46 | manner to directly or indirectly fund the cost of claims under |
| 47 | the insurance certificate or policy. |
| 48 | 6.4. Using the word "free" or words which imply the |