Definitions.

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As used in this part 15, unless the context otherwise requires:

  1. "Customer" means a person who purchases portable electronics or services.

  2. "Enrolled customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics.

  3. "Insurer" means any admitted company or authorized company, as defined in section10-1-102 (3), approved to transact insurance in this state.

  4. "Location" means any physical location in this state or any website, call center site,or similar location directed to residents of this state.

  5. "Portable electronics" means personal, self-contained, easily carried by an individual,battery-operated electronic communication, viewing, listening, recording, gaming, computing, or global positioning devices, including cell or satellite phones, pagers, personal global positioning satellite units, portable computers, portable audio listening, wireless devices, video viewing or recording devices, digital cameras, video camcorders, portable gaming systems, docking stations, automatic answering devices, and other similar devices and their accessories, and service related to the use of such devices.

  6. (a) "Portable electronics insurance" means insurance that provides coverage for the repair or replacement of portable electronics that may provide coverage for portable electronics against any one or more of the following causes of loss:

  1. Loss;

  2. Theft;

  3. Inoperability due to mechanical failure or malfunction;

  4. Damage; or

  5. Other similar causes of loss.

(b) "Portable electronics insurance" does not include:

  1. A service contract governed by part 16 of this article;

  2. A service contract that is in effect as of January 1, 2013, that provides coverage forthe loss of portable electronics associated with an ongoing service relationship between a vendor and a consumer or that is otherwise regulated pursuant to rules promulgated by the commissioner;

  3. A policy of insurance covering a seller's or manufacturer's obligations under a warranty; or

  4. A homeowner's, renter's, private passenger automobile, commercial multi-peril, orsimilar policy.

(7) "Portable electronics transaction" means:

  1. The sale or lease of portable electronics by a vendor to a customer; or

  2. The sale of a service related to the use of portable electronics by a vendor to a customer.

  1. "Supervising entity" means a business entity that is a licensed insurer or insuranceproducer that is authorized by an insurer to supervise the administration of a portable electronics insurance program.

  2. "Vendor" means a person in the business of engaging in portable electronics transactions directly or indirectly.

Source: L. 2012: Entire part added, (HB 12-1071), ch. 25, p. 67, § 1, effective January 1, 2013. L. 2014: (6)(b)(I) amended, (HB 14-1199), ch. 204, p. 741, § 1, effective January 1, 2015.


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