contractual liability insurance policy
How Long Does it Take to Form a New Service Contract Company
01-Aug-2023
How Long Does it Take to Form a New Service Contract Company
It is easier than you might think to form your own Service Contract Company. The basic elements are well defined and many great resources are available to help you with detailed items.
The best method is to engage with an advisor with experience and connections in the industry to help guide you through the many decision points, engage the right partners for regulatory or legal and help source the right insurance carrier to support your requirements.
You can have a solution up and running in as few as two months or up to 9 months, depending on the roles you in-source versus outsource. A good advisor will help explain the various options and who the best companies are to support a new company.
Many companies simply want to take control of the customer experience and maximize the profit by sharing in the underwriting profits in addition to the upfront commissions. This approach is very easy to set up and the lest time consuming.
Building the proper roadmap in the beginning is the key to launching a new company.
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Example State Regulatory Statutes for Service Contracts
01-Mar-2023
Example State Regulatory Statutes for Service Contracts
To form a compliant service contract administrator or provider involves a patchwork of state regulations. Many states have specific statutes that address registration, licensing, requirements for the customer terms and conditions, financial guarantees, and other items.
Some states have separate and distinct statutes by product type. For example, Florida has unique statutes broken into Auto, Consumer Goods, and Home Warranties.
- Florida Warranty Associations (634)
Here is a link to one state, Illinois, that generally follows the Service Contract Model Act that has been adopted by many states. Each state is different; this is just an example.
- Illinois Service Contract Model Act (215 ILCS 152/)
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What is Product Warranty Insurance
01-Feb-2023
What is Product Warranty Insurance?
When a seller or manufacturer (OEM) wish to offer a longer product warranty but do not wish to retain all of some of the liability they seek options for Product Warranty Insurance. For a single defined cost the company purchases coverage to transfer the risk to a third-party obtaining balance sheet relief.
This is an easy solution to offer a longer limited warranty on a promotional basis or for selected products. The transaction is between the company and the third-party and the end customer has no impact. In most cases, the company still takes care of the customer experience and manages the claim process just like under the "normal" warranty term. The company doesn't need to pay an administration fee or processing fees or go through multiple layers. This streamlines the costs for the company.
Depending on the product type, coverage exists for parts, labor, or parts & labor. The term includes a limited OEM or seller warranty retention, and then the liability falls to the third-party. The obligations for the warranty or service contract are insured by a contractual liability insurance policy or other structure.
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What are the Basic Elements of a Service Contract Program?
01-Oct-2022
The Seller
- This represents the entity actually making the solicitation and sale of a Service Contract. This includes Retailers, Dealers, and Marketers.
The Obligor (aka Provider)
- The Obligor (or Provider) is the legal entity that is issuing the Service Contract.
Many states require some form of registration (licensing), form filing for terms and conditions, financial guarantees, officer and/or director biographical reviews, and other requirements. This is not a one-time event; ongoing reporting and license renewals exist in many states.
This is on a state-by-state basis and varies on a product level. Examples include vehicle service contracts, ancillary auto products, home warranties, consumer appliances, and electronics products.
The Administrator
- The Administrator is the entity providing customer entitlement, claim adjudication, and payment of claims.
Some states require registration of the administrator and some form of financial guarantee.
The Financial Guarantee
- Most states have requirements for how an Obligor (Provider) must provide for the financial guarantee of a Service Contract.
Financial guarantees are intended to protect the Contract Holder from the financial failure of the Obligor (Provider).
Financial guarantees may include cash reserves, bonds, a parental guarantee from an entity with substantial and defined net worth, or a service contract reimbursement insurance policy (contractual liability insurance policy).
The Service Entity
- The Service Entity is a company the Administrator utilizes to perform repair or replacement services in fulfilling the obligations of the Obligor in the Service Contract.
Some states require registration of the administrator and some form of financial guarantee.
The Contract Holder
- The actual Contract Holder (or Consumer) that the Service Contract is issued to and who is the owner of the covered product.
Process Flow for Service Contract Elements
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