Rameau A. and Phyllis A. Johnson - Page 39

                                               - 39 -                                                 

            account become available for release to the Dealership.  Thus, in                         
            both scenarios the Dealership recovers all the reserve deposits,                          
            yet only in the first were any amounts applied to payment for                             
            repair services.  Finally, assume that in the first week of                               
            coverage due to expire after 5 years or 60,000 miles, one                                 
            contract holder files a claim for covered repairs that consumes                           
            the entire amount of the reserves attributable to his contract.                           
            Then, at the end of the first year when he has driven 30,000                              
            miles, he cancels.  The contract holder is entitled to a refund                           
            of one-half of the purchase price of the VSC, even though the                             
            entire amount of the reserves attributable to his contract has                            
            already been applied to his claim for repair services.  As these                          
            examples demonstrate, the Dealership's right to recover amounts                           
            deposited in the reserve is not contingent upon the contract                              
            holders' actual future claims for repair services.  Rather, it                            
            is contingent upon time elapsed and mileage driven while the                              
            contract remains in force, variables that are entirely                                    
            independent of the amounts applied to repair services.                                    
                  The absence of any relationship between the amounts of the                          
            reserves actually applied to the provision of repairs under the                           
            VSC and the determination of how the reserves are earned for                              
            refund purposes highlights the central error in petitioners'                              
            theory.  This absence indicates that the contract price is in                             
            fact paid for a service that is measured in terms of time and                             





Page:  Previous  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  Next

Last modified: May 25, 2011