Judges: RICHARD P. IEYOUB
Filed Date: 2/7/1996
Status: Precedential
Modified Date: 7/5/2016
Dear Commissioner Brown:
You have requested an opinion of this office as to the proper interpretation of certain provisions of the Louisiana Insurance Code regarding property residual value insurance. In particular, your question asked whether "auto gap" coverage as defined by LSA R.S.
"Auto Gap" coverage was specifically created by the Louisiana Legislature by Act
"(d) The seller or lender may, in addition, offer the buyer the option of voluntarily purchasing gap coverage protecting the buyer from possible liability as a result of the buyer's property insurance being insufficient to fully pay and satisfy the then unpaid balance under the buyer's contract as a result of a total loss of the vehicle. The cost of gap coverage may be included in the unpaid principal balance of the buyer's contract and made subject to finance charges."
This type of coverage is meant to cover the difference between the value of the car at the time of a total loss and the amount left owing on the car loan.
The Louisiana Insurance Code at LSA R.S.
"(4) any contract or agreement whereby a third party, other than the owner, seller, lessee, or lessor of property, either directly or indirectly assumes the risk of and/or the expense of the residual value of property.
Paragraph (5) of this statute defines the term Residual Value as:
"(5) the value of property at a specific future time, which value is determined by agreement at the time the contract of lease or sale is entered into.
Blacks Law Dictionary defines "value" as the purchasing power of the property, or the amount of money which the property will command in exchange, if sold, this being called its "market value". Blacks further defines "specific" as "Precisely formulated or restricted; definite; explicit; of an exact or particular nature. "Auto Gap" coverage does not set a marketable price at the beginning of the contract nor does it state a specific future time that the property will reach this marketable price.
The type of coverage contemplated by LSA R.S.
Therefore, it is the opinion of this office that the coverage defined in LSA R.S.
While this type of gap coverage does not fall within the definition of Property Residual Value Insurance, it does fall within the Louisiana Insurance Code's definition of insurance, under LSA R.S.
Sincerely yours,
Insurance and Securities SectionRICHARD P. IEYOUB ATTORNEY GENERAL
By: L. DEAN FRYDAY, JR. Assistant Attorney General
DATE: __________________________________________________________
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