Chapter purpose; applicability; waivers are not insurance and are exempt from insurance laws

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  1. The purpose of this chapter is to provide a framework within which guaranteed asset protection waivers are defined and may be offered within this state.
  2. This chapter does not apply to:
    1. An insurance policy offered by an insurer under the insurance laws of this state; or
    2. A debt cancellation or debt suspension contract being offered by any national or state-chartered bank or federal or state-chartered credit union in compliance with 12 CFR Part 37, or 12 CFR Part 721, or any other federal law.
  3. Guaranteed asset protection waivers governed under this chapter are not insurance and are exempt from the insurance laws of this state. Persons marketing, selling or offering to sell guaranteed asset protection waivers to borrowers who comply with this chapter are exempt from insurance licensing and insurance regulation requirements of this state.


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