Financial Institutions

Guaranteed Asset-Protection Waivers

SECTION 19-32-1

§ 19-32-1. Legislative intent and purpose.

(a) The general assembly finds that guaranteed asset-protection waivers are not insurance. All guaranteed asset-protection waivers issued prior to and after the date of enactment of this chapter shall not be construed as insurance.

(b) The purpose of this chapter is to provide a framework within which guaranteed asset-protection waivers are defined and may be offered within this state.

(c) This chapter does not apply to:

(1) An insurance policy offered by an insurer under title 27 including, but not limited to, vendor single interest coverage; or

(2) A debt cancellation or debt suspension contract being offered in compliance with §§ 19-3-1 and 19-5-25 or 12 C.F.R. Part 37 or 12 C.F.R. Part 721 or other federal law.

(d) Guaranteed asset-protection waivers governed under this section are not insurance and are exempt from the insurance laws of this state. Persons marketing, selling, or offering to sell guaranteed asset-protection waivers to borrowers that comply with this section are exempt from this state's insurance licensing requirements.

History of Section.
(P.L. 2016, ch. 530, § 1.)