(1) If the
service contract provider or protection product guarantee
provider is using [the] reimbursement insurance policy to satisfy
the requirements of RCW 48.110.050(2)(a), 48.110.055(2)(b), or48.110.075
(2)(a), then the reimbursement insurance policy shall
be filed with and approved by the commissioner in accordance with
and pursuant to the requirements of chapter 48.18 RCW.
(2) All service contracts forms covering motor vehicles must
be filed with and approved by the commissioner prior to the
service contract forms being used, issued, delivered, sold, or
marketed in this state or to residents of this state.
(3) All service contracts forms covering motor vehicles
being used, issued, delivered, sold, or marketed in this state or
to residents of this state by motor vehicle manufacturers or
import distributors or wholly owned subsidiaries thereof must be
filed with the commissioner for approval within sixty days after
the motor vehicle manufacturer or import distributor or wholly
owned subsidiary thereof begins using the service contracts
forms.
(4) The commissioner shall disapprove any motor vehicle
service contract form if:
(a) The form is in any respect in violation of, or does not
comply with, this chapter or any applicable order or regulation
of the commissioner issued under this chapter;
(b) The form contains or incorporates by reference any
inconsistent, ambiguous, or misleading clauses, or exceptions and
conditions;
(c) The form has any title, heading, or other indication of
its provisions that is misleading; or
(d) The purchase of the contract is being solicited by
deceptive advertising.
[2006 c 274 § 20.]