Toyota Town, Inc. - Page 30





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          from Western General had no surrender value, and on the basis               
          that petitioners remained primarily liable on their service                 
          contracts (i.e., the EWA’s).  Petitioners’ assertion that the               
          policies had no surrender value appears to be in error.  Although           
          the Vehicle Policies provide that Western General’s premium is              
          fully earned upon the inception of coverage, the Policies provide           
          exceptions where a pro rata refund of the premium would be                  
          provided to petitioners, such as when a vehicle is repossessed.             
          Further, we are not persuaded that the absence of a surrender               
          value affects the capitalization requirement for a prepaid                  
          multiyear insurance policy.  Regardless of surrender value, the             
          policies herein afforded protection to petitioners with respect             
          to covered claims for a period of years, and there is no                    
          indication in recent decisions involving prepaid insurance                  
          coverage for extended service agreements that surrender value was           
          important.  See, e.g., Johnson v. Commissioner, supra; Hinshaw’s,           
          Inc. v. Commissioner, supra.                                                
               As to petitioners’ claim that Western General, not they,               
          remained “primarily liable” to the vehicle purchaser, the EWA’s             
          provide as follows:                                                         
                    The Dealer [i.e., each petitioner] will repair                    
               and/or replace, or at its option either pay for or                     
               reimburse you [i.e., the EWA purchaser] or the repair                  
               facility for reasonable costs to repair any of the                     
               covered parts * * * which break down.                                  
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Last modified: May 25, 2011