As used in this article:”Administrator” means the person who is responsible for the administration of the home service contracts or the home service contracts plan or who is responsible for any submission required by this article.”Home service contract” means a contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement, or maintenance of property or indemnification for repair, replacement, or maintenance, for the operational failure of any components, parts, appliances, or systems of any covered residential dwelling due to a defect in materials, workmanship, inherent defect, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances. Home service contracts may provide for the repair, replacement, or maintenance of property for damage resulting from power surges or interruption and accidental damage from handling and may provide roof leak coverage. Home service contracts are not insurance in the Commonwealth and shall not be subject to the provisions of this title except as specifically provided in this article.”Home service contract holder” or “contract holder” means the purchaser or holder of a home service contract.”Maintenance agreement” means a contract of limited duration that provides for scheduled maintenance only and does not include repair or replacement.”Person” means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate or any similar entity or combination of entities acting in concert.”Premium” means the consideration paid to an insurer for a reimbursement insurance policy.”Provider” or “home service contract provider” means a person who is contractually obligated to the home service contract holder under the terms of the home service contract.”Provider fee” means the consideration paid for a home service contract.”Reimbursement insurance policy” means a policy of insurance issued to a provider to provide reimbursement to the provider under the terms of the insured home service contracts issued or sold by the provider and, in the event of the provider’s nonperformance, to pay on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured home service contracts issued or sold by the provider.

History

2006, c. 634; 2010, cc. 235, 371.