§ 36-3101. Definitions.

The words and phrases as used in this act, unless a different meaning is plainly required by the context, shall have the following meanings:

1.  "Commissioner" means the Commissioner of Insurance, his assistants or deputies, or other persons authorized to act for him.

2.  "Company" means any person, firm, copartnership, company, association or corporation engaged in selling, furnishing or procuring, either as principal or agent, for a consideration, motor club service.

3.  "Agent" means a limited insurance representative who solicits the purchase of service contracts or transmits for another any such contract, or application therefor, to or from the company, or acts or aids in any manner in the delivery or negotiation of any such contract, or in the renewal or continuance thereof.  This, however, shall not include any person performing only work of a clerical nature in the office of the motor club.

4.  "Towing service" means any act by a company which consists of towing or moving a motor vehicle from one place to another under other than its own power.

5.  "Emergency road service" means any act by a company to adjust, repair or replace the equipment, tires or mechanical parts of a motor vehicle so it may operate under its own power; or reimbursement of expenses incurred by a member when his motor vehicle is unable to operate under its own power.

6.  "Insurance service" means any act to sell or give to the holder of a service contract or as a result of membership in or affiliation with a company a policy of insurance covering the holder for liability or loss for personal injury or property damage resulting from the ownership, maintenance, operation or use of a motor vehicle.

7.  "Bail bond service" means any act by a company to furnish or procure a cash deposit, bond or other undertaking required by law for any person accused of a law violation of this state, pending the trial.

8.  "Discount service" means any act by a company resulting in special discounts, rebates or reductions of price on gasoline, oil, repairs, insurance, parts, accessories or service for motor vehicles to holders of service contracts.

9.  "Financial service" means any act by a company to loan or otherwise advance monies, with or without security, to a service contract holder.

10.  "Buying and selling service" means any act by a company to aid the holder of a service contract in the purchase or sale of an automobile.

11.  "Theft service" means any act by a company to locate, identify or recover a stolen or missing motor vehicle owned or controlled by the holder of a service contract or to detect or apprehend the person guilty of such theft.

12.  "Map service" means any act by a company to furnish road maps without cost to holders of service contracts.

13.  "Touring service" means any act by a company to furnish touring information without cost to holders of service contracts.

14.  "Legal service" means any act by a company to furnish to a service contract holder, without cost, the services of an attorney.

15.  "Motor club service" means the rendering, furnishing or procuring of, or reimbursement for, towing service, emergency road service, insurance service, bail bond service, legal service, discount service, financial service, buying and selling service, theft service, map service, touring service, or any three or more thereof, to any person, in connection with the ownership, operation, use or maintenance of a motor vehicle by such person for consideration.

16.  "Service contract" means any written agreement whereby any company, for a consideration, promises to render, furnish or procure for any person motor club service.

Amended by Laws 1987, c. 175, § 23, eff. Nov. 1, 1987.