2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 523C - RESIDENTIAL SERVICE CONTRACTS
523C.7 - FILING OF FORMS OF CONTRACT -- FEE.

        523C.7  FILING OF FORMS OF CONTRACT -- FEE.
         1.  A residential service contract shall not be issued or used in
      this state unless it has been filed with and approved by the
      commissioner.  If the commissioner fails to inform the service
      company of objections to the form of the residential service contract
      within thirty days after filing, the residential contract shall be
      deemed to have been approved by the commissioner provided it
      otherwise complies with this section.
         2.  Residential service contracts shall:
         a.  Be written in nontechnical, readily understood language,
      using words with common and everyday meanings.
         b.  Clearly, conspicuously, and plainly specify all of the
      following:
         (1)  The services to be performed by the service company, and the
      terms and conditions of performance.
         (2)  The fee, if any, to be charged for a service call.
         (3)  Each of the systems, appliances, and components covered by
      the contract.
         (4)  Any exclusions and limitations respecting the extent of
      coverage.
         (5)  The period during which the contract will remain in effect.
         (6)  All limitations respecting the performance of services,
      including any restrictions as to the time periods when services may
      be requested or will be performed.
         (7)  The following statement:  "The issuer of this contract is
      subject to regulation by the insurance division of the department of
      commerce of the state of Iowa.  Complaints which are not settled by
      the issuer may be sent to the insurance division."
         c.  Provide for the performance of services only.  A
      residential service contract shall not provide for a payment to, or
      reimbursement or indemnification of the holder of the contract.
         d.  Provide for the performance of services upon a request by
      telephone to the service company without a requirement that claim
      forms or applications be filed prior to the rendition of services.
         e.  Provide for the initiation of services by or under the
      direction of the service company within forty-eight hours of the
      request for the services by the holder of the contract.
         3.  Any application for a residential service contract shall
      notify the purchaser that the person submitting the application to
      the service company for the purchaser is acting as the representative
      of the service company and not of the purchaser in that transaction.

         4.  To the extent necessary to administer the provisions of this
      chapter, the commissioner may, after notice and hearing, institute a
      residential service contract form approval or form review fee.  If
      the commissioner establishes a fee, the amount of the fee shall be
      set by rule adopted pursuant to chapter 17A.  The fee may be by
      dollar amount or based upon a percentage of the sale value of the
      contract.  However, the fee shall not exceed fifty thousand dollars.

         5.  A complete copy of the terms of the residential service
      contract shall be delivered to the prospective service contract
      holder at or before the time that the prospective service contract
      holder makes application for the service contract.  If there is no
      separate application procedure, then a complete copy of the
      residential service contract shall be delivered to the service
      contract holder at or before the time the service contract holder
      becomes bound under the contract.  

         83 Acts, ch 87, § 8; 87 Acts, ch 234, §434; 98 Acts, ch 1189, §21;
      2000 Acts, ch 1147, §29