A. For the purposes of this title, except as otherwise provided, "insurance" is a contract by which one undertakes to indemnify another or to pay a specified amount on determinable contingencies.
B. Private ambulance service contracts or private fire protection service contracts are not insurance, and this title does not apply to those contracts.
C. Charitable gift annuities that are issued pursuant to section 20-119 are not insurance and, except as provided in section 20-119, this title does not apply to agreements for those annuities.
D. Collision damage waivers are not insurance, and this title does not apply to those waivers.
E. Direct primary care agreements as defined in section 44-1799.91 are not insurance, and this title does not apply to those agreements.
F. Guaranteed asset protection waivers are not insurance, and this title does not apply to those waivers. For the purposes of this subsection, "guaranteed asset protection waiver" means a contractual agreement that is a part of or an addendum to a borrower's finance agreement wherein a creditor agrees for a separate charge to cancel or waive all or part of the amount due on the borrower's finance agreement in the event of a total physical damage loss or unrecovered theft of a motor vehicle.
Notes of Decisions
Strojnik v. Gen. Ins. Co. of Am., 36 P.3d 1200 (Ariz. Ct. App. 2001).
· cites it 2× “” A.R.S. § 20-103(A). An insurance policy, therefore, is an “insurance contract.”
Wilks Et Vir v. Manobianco, 352 P.3d 912 (Ariz. 2015).
· cites it 2× “2d 368, 370 (1971) (under A.R.S. §§ 20-103 to -104, a party that does not make, or is not a party to, contracts of insurance is not an insurer).”
Melendez v. Hallmark Ins., 305 P.3d 392 (Ariz. Ct. App. 2013).
· cites it 2× “A.R.S. §§ 20-103(A) (Supp.2012) (“‘insurance’ is a contract”), -104 (2002) (defining insurer as “every person engaged in the business of making contracts of insurance”); see also Tallent, 185 Ariz.”
Jim Click Ford, Inc. v. City of Tucson, 739 P.2d 1365 (Ariz. Ct. App. 1987).
· cites it 3× “Under the contracts, Click is required to restore the victim of a loss by replacement of a listed part or parts. When a part malfunctions on a purchaser’s car, Click replaces it, and all the purchaser pays is $25.”
Guaranteed Warranty Corp. v. State Ex Rel. Humphrey, 533 P.2d 87 (Ariz. Ct. App. 1975).
· cites it 2× “*330 IS IT A WARRANTY OR AN INSURANCE CONTRACT? ARS § 20-103 defines insurance: “ ‘Insurance’ is a contract whereby one undertakes to indemnify another or to pay a specified amount upon determinable contingencies.”
Nat'l Sec., Inc. v. Johnson, 480 P.2d 368 (Ariz. Ct. App. 1971).
· cites it 2× “” A.R.S. § 20-103 The treatises define “insurer” in the same terms as the Arizona statute, A.”
Dodge v. Fid. & Deposit Co., 778 P.2d 1236 (Ariz. Ct. App. 1986).
· cites it 2× “Rather, the issue requires an analysis of the surety relationship and a determination of whether the relationship between a surety and an obligee equates to that “special relationship” recognized in Noble which justifies the creation of a cause of action in tort for bad faith…”
Goldberger v. State Farm (Ariz. Ct. App. 2019).
· cites it 2× “§ 20-103(A); 10A Couch on Insurance § 148:1 (“Historically, property insurance grew out of the insurance against the risk of fire which became available for ships, buildings, and some commercial property at a time when most of the structures in use were made wholly or primarily…”
— Ariz. Rev. Stat. § 20-103(A) — 4 cases
Melendez v. Hallmark Ins., 305 P.3d 392 (Ariz. Ct. App. 2013).
“A.R.S. §§ 20-103(A) (Supp.2012) (“‘insurance’ is a contract”), -104 (2002) (defining insurer as “every person engaged in the business of making contracts of insurance”); see also Tallent, 185 Ariz.”
Jim Click Ford, Inc. v. City of Tucson, 739 P.2d 1365 (Ariz. Ct. App. 1987).
“Under the contracts, Click is required to restore the victim of a loss by replacement of a listed part or parts. When a part malfunctions on a purchaser’s car, Click replaces it, and all the purchaser pays is $25.”
Goldberger v. State Farm (Ariz. Ct. App. 2019).
“§ 20-103(A); 10A Couch on Insurance § 148:1 (“Historically, property insurance grew out of the insurance against the risk of fire which became available for ships, buildings, and some commercial property at a time when most of the structures in use were made wholly or primarily…”
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