Title 33, Chapter 7, Section 3.1
( 33-7-3.1)
(a) As used in this Code section, the term: (1) "Credit insurance" means any insurance which is recognized by
this title as being applicable or appropriate for use in
connection with any loan, retail installment transaction, or any
other credit transaction made pursuant to any law of this state.
Such insurance includes, but is not limited to, the following: (A) Credit life insurance; (B) Credit accident and sickness insurance; (C) Credit unemployment insurance; (D) Credit casualty insurance; (E) Credit property insurance; (F) Nonrecording insurance or nonfiling insurance which is
property insurance utilized in connection with credit
transactions in lieu of the actual recording, filing, or
releasing of a security instrument or financing statement. The
premium charge for this insurance may not exceed the actual
official fees which would be payable to file, record, or release
a security instrument or financing statement. This insurance
provides coverage for any loss or potential loss caused by any
means whereby the creditor is prevented from obtaining
possession of the covered property, enforcing its rights under a
security agreement, or obtaining the proceeds to which it is
entitled under the agreement. Nothing shall prohibit
nonrecording insurance or nonfiling insurance from being
incorporated, by endorsement or rider, into a vendor's single
interest policy or a similar type of policy; (G) Vendors' single interest insurance, which is property
insurance securing the interest of a creditor as respects
potential loss relative to tangible property used as collateral
on credit transactions. Such insurance may include but is not
limited to the following coverages: vandalism and malicious
mischief, flood, collapse, alteration, skip, conversion,
concealment, nonrecording insurance, misrepresentation, and
embezzlement; and (H) Any other lines or sublines of insurance which may become
accepted as credit insurance by the insurance and lending
industries unless otherwise disapproved by the Commissioner. (2) "Credit loss insurance" means a form of casualty insurance
against loss resulting from failure of debtors to pay their
obligations to the insured creditor. Such term includes but is
not limited to mortgage guaranty insurance, holder-in-due-course
insurance, and repossession insurance. Credit loss insurance
specifically does not include any of the coverages enumerated in
subparagraphs (a)(1)(A) through (a)(1)(H) of this Code section. (3) "Creditor" means the lender of money or vendor or lessor of
goods, services, property, rights, or privileges for which payment
is arranged through a credit transaction. Creditor also means any
successor to the right, title, or interest of any such lender,
vendor, or lessor and an affiliate, associate, or subsidiary of
any of them or any director, officer, or employee of any of them
or any other person in any way associated with any of them. (4) "Debtor" means a borrower of money or a purchaser or lessee of
goods, services, property, rights, or privileges for which payment
is arranged through a credit transaction. (b) Notwithstanding any law which may be construed to the contrary,
neither the premium nor cost for any credit insurance which is
written by or through a creditor nor any commission, dividend, or
other gain payable by an insurer to a creditor for the sale or
provision of credit insurance shall be deemed as interest, time
price differential, finance charge, or other charge or amount in
excess of permitted charges, in connection with any loan, retail
installment transaction, or other credit transaction made pursuant
to the laws of this state. (c) Forms and rates for all lines or sublines of credit insurance
shall be filed separately with the Commissioner. Unless disapproved
by the Commissioner, pursuant to the authority to disapprove forms
or rates under Chapter 9, 24, or 31 of this title, the utilization
of such forms and rates shall be deemed in compliance with this
title and the premiums developed from such rates shall be deemed
reasonable and in compliance with this title. |