70C-6-108. Charge for insurance in connection with a deferral, refinancing, or consolidation -- Duplicate charges.

167 words·~1 min read·/ut/title-70c/chapter-6/70c-6-108

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A creditor may contract for and receive a separate charge for insurance in connection with a deferral, a refinancing, or a consolidation if:

(1)the debtor agrees at or before the time of the deferral, refinancing, or consolidation that the charge may be made;

(2)the insurance is not required by the creditor as a condition of granting the deferral, refinancing, or consolidation, unless the insurance is of a type which the creditor may lawfully require a debtor to obtain in connection with an extension of credit;

(3)the terms and conditions of the insurance to be provided comply with all requirements of this chapter; and

(4)the debtor receives an appropriate refund or credit on account for any unexpired term of existing insurance which is duplicated to any degree by the insurance to be provided in connection with the deferral, refinancing, or consolidation.

Enacted by Chapter 159 , 1985 General Session