§ 42-414 — Limit on insurance charges. Termination or replacement of insurance.

(a) A charge for casualty, liability or credit insurance included in a consumer lease or added under subsection (c) of this section may not exceed the premium imposed by the insurer for the insurance. This subsection does not preclude: (1) The imposition of rent charges on insurance charges capitalized in the lease; or (2) The lessor's realization of commissions, experience rebates or similar compensation from the insurer. (b) If insurance included in a consumer lease or added under subsection (c) of this section is canceled or terminated, a refund of unearned insurance premiums received by the holder in excess of one dollar, at the holder's option, must be: (1) Refunded to the lessee; or (2) Credited, together with the unearned portion of the rent charge applicable to the refunded premium, to the lessee's current obligation, the final maturing periodic payments or the lessee's obligation upon termination of the lease. (c) If a lessee does not maintain insurance required under a consumer lease, the holder may purchase substitute insurance only against substantially the same risks, covering the interests of the lessee and the holder or the interest of either of them. (d) An amount paid by a holder for substitute insurance under subsection (c) of this section and added to the lessee's obligation under the lease is subject to: (1) A rent charge as if that amount were part of the adjusted capitalized cost, from the later of the effective date of the insurance or the date on which the holder notifies the lessee of the purchase of substitute insurance, its cost, and the effect on the payment schedule; and (2) The repayment and default provisions of the lease. (e) This section does not preclude a holder from pursuing any other remedy for default set forth in the lease or provided by law.

Legislative History

(P.A. 02-81, S. 25.) History: P.A. 02-81 effective July 1, 2003.