(1) Home heating fuel
service contract providers are the agent of the insurer that
issued the reimbursement insurance policy for purposes of
obligating the insurer to contract holders in accordance with the
home heating fuel service contract and this chapter. Payment of
the provider fee by the consumer to the home heating fuel service
contract seller, contract provider, or administrator constitutes
payment by the consumer to the home heating fuel service contract
provider and to the insurer that issued the reimbursement
insurance policy. In cases when a contract provider is acting as
an administrator and enlists other contract providers, the
contract provider acting as the administrator shall notify the
insurer of the existence and identities of the other contract
providers.
(2) This chapter does not prevent or limit the right of an
insurer that issued a reimbursement insurance policy to seek
indemnification or subrogation against a home heating fuel
service contract provider if the issuer pays or is obligated to
pay the contract holder sums that the contract provider was
obligated to pay under the provisions of the home heating fuel
service contract.
[2006 c 36 § 11.]