- 30 - 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. * * * * * * *Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011