Requirements for premium finance agreements

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    (a)    (1)    A premium finance agreement shall be dated and signed by or on behalf of the insured.

        (2)    Except as provided under subsection (b)(5)(viii) of this section, the printed part of the premium finance agreement shall be in approximately 8–point type and be easily readable by an average individual.

    (b)    A premium finance agreement shall contain:

        (1)    the name and place of business of the insurance producer negotiating the related insurance contract;

        (2)    the name and residence or place of business of the insured as specified by the insured;

        (3)    the name and place of business of the premium finance company to which payments may be made;

        (4)    an itemized list for each insurance contract or coverage financed under the premium finance agreement that includes:

            (i)    the applicable application number, binder number, or policy number;

            (ii)    the effective date of the insurance contract or coverage;

            (iii)    the name of the company issuing the insurance contract or coverage; and

            (iv)    the premium for the insurance contract or coverage; and

        (5)    if applicable, the following items:

            (i)    the total amount of the premiums;

            (ii)    the amount of the down payment;

            (iii)    the principal balance (the difference between items (i) and (ii) of this item);

            (iv)    the amount of the finance charge;

            (v)    the balance payable by the insured (the sum of items (iii) and (iv) of this item);

            (vi)    the number of installments required, the amount of each installment expressed in dollars, and the due date or period of each installment;

            (vii)    the electronic payment fee; and

            (viii)    in at least 12–point type, the following statement: “If this agreement is canceled or the loan is prepaid in full before the end of its term, the actuarial method will be used to calculate the earned finance charge. Under this method, most of the finance charge is earned in the early months of the loan term rather than equally in each month. You may request a sample illustration of how the finance charge is earned.”.

    (c)    (1)    The items set out in subsection (b)(5) of this section need not be stated in the sequence in which they appear.

        (2)    Additional items may be included to explain the computations made in determining the amount to be paid by the insured.

        (3)    With respect to commercial automobile, fire, or liability insurance, a premium finance agreement may include separate provisions requiring representations, warranties, or other obligations of the insurance producer who sells, solicits, or negotiates the insurance policy, the premiums for which are financed under the premium finance agreement.

    (d)    A premium finance agreement may provide for additional insurance premiums to be financed and added to the initial premium finance agreement.

    (e)    Subject to §§ 23–501.1 and 23–505.2 of this title, a premium finance agreement may include monthly payments for the purchase price of a motor club service contract.


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