(1) Service contract providers
or protection product guarantee providers are considered to be
the agent of the insurer which issued the reimbursement insurance
policy for purposes of obligating the insurer to service contract
holders or protection product guarantee holders in accordance
with the service contract or protection product guarantee holders
and this chapter. Payment of the provider fee by the consumer to
the service contract seller, service contract provider, or
administrator or payment of consideration for the protection
product to the protection product seller constitutes payment by
the consumer to the service contract provider or protection
product guarantee provider and to the insurer which issued the
reimbursement insurance policy. In cases where a service
contract provider or protection product guarantee provider is
acting as an administrator and enlists other service contract
providers or protection product guarantee providers, the service
contract provider or protection product guarantee provider acting
as the administrator shall notify the insurer of the existence
and identities of the other service contract providers or
protection product guarantee providers.
(2) This chapter does not prevent or limit the right of an
insurer which issued a reimbursement insurance policy to seek
indemnification or subrogation against a service contract
provider or protection product guarantee provider if the issuer
pays or is obligated to pay the service contract holder or
protection product guarantee holder sums that the service
contract provider or protection product guarantee provider was
obligated to pay under the provisions of the service contract or
protection product guarantee.
[2006 c 274 § 12; 1999 c 112 § 12.]