§ 6241. Insurance.
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§ 6241. Insurance.
(a)General rule.--
(1)The insurance purchased under this section shall be:
(i)Limited to insurance against risk of damage, destruction or theft of the motor vehicle.
(ii)Written for the dual protection of the buyer and installment seller or holder to the extent of their respective interests in the motor vehicle.
(iii)Subject to terms and conditions, including the amount and period of time, that are reasonable and appropriate considering the type and condition of the motor vehicle, the amount of the time balance and the schedule of payments in the installment sale contract.
(2)The provisions of paragraph
(1)may not interfere with the following:
(i)The liberty of contract of the buyer and installment seller to contract for other or additional insurance as security for or by reason of the obligation of the buyer.
(ii)The inclusion of charges for insurance in the principal amount advanced under the installment sale contract.
(b)Purchase by buyer.--
(1)An installment seller may require a buyer of a motor vehicle under an installment sale contract to purchase insurance on the motor vehicle at the buyer's expense from an insurance company acceptable to the installment seller.
(2)The buyer may select the insurance company agent or broker, in which case the inclusion of insurance charges in the contract shall be at the option of the installment seller.
(c)Purchase by installment seller generally.-- If an installment seller or a holder contracts to purchase at the buyer's expense insurance on a motor vehicle sold under an installment sale contract, the following apply:
(1)The insurance shall be purchased through an agent or broker authorized to conduct business in this Commonwealth.
(2)The insurance shall be written by an insurance company qualified to do business in this Commonwealth.
(3)The status of the buyer and installment seller or holder, as set forth in the insurance contract, shall reflect their respective interests in the motor vehicle.
(4)The insurance charges to the buyer may not exceed the following:
(i)The insurance charges that others are required to pay to the insurance company for similar coverage.
(ii)The limitations on premiums, commissions and other charges established by the Commonwealth.
(5)A copy of the policy or certificate of insurance shall be delivered to the buyer within 30 days of the date of the buyer's signing of the contract.
(6)The insurance policy shall contain the following:
(i)Complete information as to the effective dates, amounts of premiums and coverage.
(ii)All the terms of the insurance contract.
(7)If a certificate of insurance issued under a master policy is furnished to the buyer in lieu of an individual policy, the certificate shall contain the following:
(i)Complete information as to effective dates, amounts of premiums and coverage.
(ii)All the terms of the insurance contract embodied in the master policy to the same extent as would appear if an individual policy were issued.
(iii)Notice that it is not an insurance policy.
(d)Early termination of policy.--
(1)This subsection applies if an installment seller or holder has placed insurance at the buyer's expense on a motor vehicle sold under an installment sale contract.
(2)If the buyer prepays the time balance under the contract prior to the expiration date of the insurance:
(i)The insurance shall remain in force unless the buyer requests cancellation of the insurance.
(ii)The installment seller or holder may not cancel the insurance without the buyer's consent.
(iii)The installment seller or holder may not coerce the buyer to cancel the insurance.
(iv)Any unexpired insurance premiums received by the installment seller or holder, resulting from cancellation of insurance originally placed at the buyer's expense, shall be paid to the buyer or credited to matured unpaid installments under the contract.
(3)If the insurance company cancels the insurance prior to expiration, the installment seller or subsequent holder shall:
(i)obtain comparable insurance from another insurance company and furnish the buyer with a copy of the insurance policy, subject to the same requirements of this chapter applicable to the original policy; or
(ii)if unable to obtain comparable insurance from another insurance company, immediately notify the buyer who may then obtain insurance from an insurance company, agent or broker of the buyer's own selection, in which case the installment seller or holder shall be liable to the buyer for the following:
(A)Any additional insurance charges incurred by the buyer in rewriting the insurance for the unexpired period for which the original insurance was written.
(B)Any loss suffered by the buyer through negligence on the part of the installment seller or holder in promptly advising the buyer of the inability to obtain replacement insurance.
12c6241v
Cross References. Section 6241 is referred to in sections 6210, 6221 of this title.
12c6242s