§ 42-11-101 — Definitions

As used in this article, unless the context otherwise
requires:

(1) Mechanical breakdown insurance means an insurance policy, contract,
or agreement, as defined in section 10-1-102 (12), C.R.S., that undertakes to perform
or provide repair or replacement service, or indemnification for that service, for the
operational or structural failure of a motor vehicle due to a defect in materials or
skill of work or normal wear and tear, and that is issued by an insurance company
authorized to do business in this state.

(2) Motor vehicle means any vehicle subject to registration under section
42-1-102 (58) or any powersports vehicle as defined in section 44-20-402 (11).

(3) (a) Motor vehicle service contract or service contract means a
contract or agreement between a provider and a service contract holder, which
contract or agreement is given for consideration over and above the lease or
purchase price of a motor vehicle and obligates the provider to perform or provide
repair or replacement service, or indemnification for that service, for the
operational or structural failure of a motor vehicle due to a defect in materials or
skill of work or normal wear and tear. A motor vehicle service contract may provide
for any one or more of the following services:

(I) Repairing or replacing tires or wheels on a motor vehicle damaged as a
result of coming into contact with road hazards;

(II) Removing dents, dings, or creases on a motor vehicle that can be repaired
using the process of paintless dent removal without affecting the existing paint
finish and without replacing vehicle body panels, sanding, bonding, or painting;

(III) Replacing or repairing a windshield damaged by road hazards;

(IV) Replacing a motor vehicle key or key fob if the key or key fob becomes
inoperable or is lost or stolen;

(V) Other services that are similar to the services listed in this paragraph (a).

(b) Motor vehicle service contract or service contract does not include
mechanical breakdown insurance.

(4) (a) Motor vehicle service contract provider or provider means a person
who, in connection with a motor vehicle service contract:

(I) Incurs the obligations and liabilities to the service contract holder as set
forth in the contract; and

(II) Issues, makes, provides, sells, or offers to sell the contract.

(b) A motor vehicle dealer who sells a motor vehicle that is the subject of a
motor vehicle service contract is not a provider unless the dealer also satisfies
both of the conditions set forth in paragraph (a) of this subsection (4).

(5) Motor vehicle service contract reimbursement insurance policy or
reimbursement insurance policy means a policy of insurance providing coverage
for all obligations and liabilities incurred by a motor vehicle service contract
provider under the terms of a motor vehicle service contract issued by the provider.

(5.5) Road hazard means a hazard that is encountered while driving a
motor vehicle. Road hazard may include potholes, rocks, wood debris, metal parts,
glass, plastic, curbs, or composite scraps.

(6) Service contract holder means a person who purchases a motor vehicle
service contract.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2509, � 1, effective January 1, 1995. L. 2003: (4) amended, p. 886, � 1, effective April 7; (1) amended, p. 623, � 41, effective July 1. L. 2014: (2) amended, (HB 14-1199), ch. 204, p. 750, � 3, effective January 1, 2015. L. 2016: (3) amended and (5.5) added, (HB 16-1317), ch. 143, p. 424, � 1, effective August 10. L. 2018: (2) amended, (SB 18-030), ch. 7, p. 143, � 26, effective October 1.