Can windshield repair and windshield replacement services be included in a service contract?
The provisions of the contract that provide for windshield repair fall within the scope of the service contract statute, but the windshield replacement services do not. A service contract may provide for repair of a product for damage caused by normal wear. “Normal wear” for a motor vehicle may include minor and reasonable wear and tear that a vehicle sustains in everyday ordinary operation including “small windshield chips and cracks repairable without replacement of the entire windshield.” HB 2261, 80th Regular Legislative Session (2007), changed the scope of insurance policies and service contracts as they relate to automobiles. Minor windshield repairs were removed from the exclusive scope of insurance, and were allowed to be covered by service contracts (although automobile insurance policies may still cover these repairs). Windshield replacement services, however, are still considered insurance coverage and are regulated by the Texas Department of Insurance. A company offering wi
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