Does anyone know if Kentucky recognizes GAP as an insurance product or a waiver? Trying to determine if the Insurance Disclosure for Credit Application is needed for this “product”?
I understand that the conservative approach would be to get the borrower to sign the notice, but I’m getting push back saying that GAP is not an insurance product.
KRS 304.9 – 135(2)(f) actually requires the insurance notice. That section does not define what is considered insurance. The lack of a definition has been a problem for decades. Your clear definition from KRS 190.100(7) doesn’t necessarily apply to KRS 304.9 – 135(2)(f), but it is worth a try.