Senate Bill S10344

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10344
 
                             I N  S E N A T E
 
                               May 14, 2026
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to enacting the "New York
   travel insurance act" regulating the  licensing  and  registration  of
   travel insurance agents and travel retailers, and the sale and market-
   ing of travel insurance and related products

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York travel insurance act".
   §  2.  Section  3435  of  the insurance law is amended by adding a new
 subsection (e) to read as follows:
   (E) THIS SECTION SHALL NOT APPLY TO TRAVEL INSURANCE POLICIES  WRITTEN
 PURSUANT TO ARTICLE EIGHTY-ONE OF THIS CHAPTER.
   §  3.  Section  3452  of  the insurance law is amended by adding a new
 subsection (e) to read as follows:
   (E) NOTHING IN THIS SECTION SHALL RESTRICT, LIMIT, OR PROHIBIT A TRAV-
 EL INSURANCE POLICY WRITTEN PURSUANT TO ARTICLE EIGHTY-ONE OF THIS CHAP-
 TER.
   § 4. Subsection (i) of section 2101 of the insurance law, as added  by
 chapter 408 of the laws of 1990, is amended to read as follows:
   (i) In this chapter, "limited licensee" shall mean a person authorized
 to  sell  certain  coverages relating to the rental of motor vehicles OR
 THE SALE OF  TRAVEL-RELATED  PRODUCTS  AND  SERVICES,  pursuant  to  the
 provisions  of section two thousand one hundred thirty-one of this arti-
 cle.
   § 5. Section 2131 of the insurance law, as amended by chapter  696  of
 the laws of 2025, subparagraphs (B) and (D) of paragraph 1 of subsection
 (2)  as amended by chapter 69 of the laws of 2026, is amended to read as
 follows:
   § 2131. Limited license for rental vehicle companies, peer-to-peer car
 sharing  program  administrators,  wireless   communications   equipment
 vendors [and], self-service storage companies, A TRAVEL INSURANCE AGENT.
 (a) The superintendent may issue to a rental vehicle company, a peer-to-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01786-02-6
 S. 10344                            2
 
 peer car sharing program administrator, a wireless communications equip-
 ment vendor, a self-service storage company, A TRAVEL INSURANCE AGENT or
 to  a  franchisee of a rental vehicle company, a wireless communications
 equipment  vendor,  [or]  a  self-service  storage  company, OR A TRAVEL
 INSURANCE AGENT  which  has  complied  with  the  requirements  of  this
 section, a limited license authorizing the licensee, known as a "limited
 licensee"  for the purpose of this article, to act as agent, with refer-
 ence to the kinds of insurance specified in this section, of any insurer
 authorized to write such kinds of insurance in this state.
   (b) The prerequisites for issuance of a  limited  license  under  this
 section shall be the filing with the superintendent of the following:
   (1)  an  application,  signed  by an officer of the applicant, for the
 limited license in such form or  forms,  and  supplements  thereto,  and
 containing such information, as the superintendent may prescribe; and
   (2) an appointment of a limited licensee by the appointing insurer, in
 a format approved by the superintendent, no more than fifteen days after
 the date the agency contract is executed or the first insurance contract
 is  submitted,  whichever is later, stating that it has satisfied itself
 that the named applicant is trustworthy and  competent  to  act  as  its
 insurance  agent  for  this  limited  purpose  and that the insurer will
 appoint such applicant to act as the agent in reference to the doing  of
 such  kind or kinds of insurance which are permitted by this section, if
 the limited license applied for is issued by  the  superintendent.  Such
 appointment  shall be subscribed by an officer or managing agent of such
 insurer and affirmed as true under the penalties of perjury.
   (c) In the event that any provision of this chapter is  violated,  the
 superintendent may:
   (1)  revoke  or suspend a limited license issued under this section in
 accordance with the provisions of section two thousand one  hundred  ten
 of this article; or
   (2)  after  notice  and hearing impose such other penalties, including
 suspending the transaction of  insurance  at  specific  locations  where
 violations  of  this  article have occurred, as the superintendent deems
 necessary or convenient to carry out the purposes of this section.
   (d) The rental  vehicle  company,  peer-to-peer  car  sharing  program
 administrator,  wireless communications equipment vendor, [or] self-ser-
 vice storage company, TRAVEL INSURANCE  AGENT,  or  franchisee  licensed
 pursuant  to  subsection  (a)  of  this  section may act as agent for an
 authorized insurer only in connection with the rental of motor vehicles,
 the sharing of a shared vehicle, the sale or offering for sale of  wire-
 less  communications equipment, [or] the rental of storage space, OR THE
 SALE OR OFFERING  FOR  SALE  OF  TRAVEL-RELATED  PRODUCTS  OR  SERVICES,
 respectively, and only with respect to the following kinds of insurance:
   (1)  with  respect  to  rental  vehicle companies and peer-to-peer car
 sharing program administrators:
   (A) excess liability insurance that provides coverage  to  the  rental
 car  company  or  franchisee and renters and other authorized drivers of
 rental vehicles, or that provides coverage to the peer-to-peer car shar-
 ing program administrator, shared vehicles  owners,  or  shared  vehicle
 drivers,  or  a combination thereof, in excess of the standard liability
 limits provided by the rental vehicle company in its rental agreement or
 the peer-to-peer car sharing program agreement pursuant to article forty
 of the general business law, for liability arising  from  the  negligent
 operation of the rental vehicle or the shared vehicle;
   (B)  accident  and  health insurance that provides coverage to renters
 and other vehicle occupants, or that provides coverage to shared vehicle
 S. 10344                            3
 
 owners, shared vehicle drivers, or a combination thereof, in  excess  to
 the standard first party benefits provided pursuant to article fifty-one
 of  this  chapter,  for  accidental  death  and/or dismemberment and for
 medical  expenses  resulting  from  an  accident  that occurs during the
 rental period or during the peer-to-peer car sharing period;
   (C) personal effects insurance that provides coverage to  renters  and
 other  vehicle  occupants  or to shared vehicle owners or shared vehicle
 drivers, or a combination thereof, and other vehicle occupants, for  the
 loss  of,  or  damage to, personal effects that occurs during the rental
 period or peer-to-peer car sharing period;
   (D) any other coverage that the superintendent may approve as meaning-
 ful and appropriate in connection with the rental of motor  vehicles  or
 the sharing of a shared vehicle; or
   (2)  with respect to wireless communications equipment vendors, insur-
 ance issued to cover the loss, theft, mechanical failure, or malfunction
 of, or damage to, wireless communications equipment offered as either an
 individual policy issued to the consumer or  as  a  group  policy  under
 which  certificates or other evidence of coverage are issued to individ-
 ual consumers who enroll in the program,  provided  however,  that  said
 insurance  shall  not  extend  to wireless services or service contracts
 governed by article seventy-nine of this chapter; or
   (3) with respect to  self-service  storage  companies,  the  following
 coverages  offered as either an individual policy issued to the consumer
 or as a group policy:
   (A) personal effects insurance that provides coverage  to  renters  of
 storage  spaces  at  the self-service storage company's facility for the
 loss of, or damage to, personal property stored at the  facility,  where
 the loss or damage occurs at the same facility during the rental period;
   (B) any other coverage that the superintendent may approve as meaning-
 ful  and  appropriate in connection with the rental of storage space[.];
 OR
   (4) WITH RESPECT TO TRAVEL INSURANCE AGENTS, THE FOLLOWING  COVERAGES,
 OFFERED  AS AN INDIVIDUAL POLICY ISSUED TO THE CONSUMER OR AS A GROUP OR
 BLANKET POLICY:
   (A) TRAVEL INSURANCE;
   (B) ANY OTHER COVERAGE THAT THE SUPERINTENDENT MAY APPROVE AS MEANING-
 FUL AND APPROPRIATE IN CONNECTION WITH TRAVEL.
   (e) No insurance may be issued pursuant to this section unless:
   (1) with regard to the rental of vehicles only, the rental  period  of
 the rental agreement does not exceed thirty consecutive days; and
   (2) at every location where rental vehicle agreements, wireless commu-
 nications  equipment  agreements, or self-service storage agreements are
 executed, brochures or other written materials are readily available  to
 the  prospective consumer, and with regard to a peer-to-peer car sharing
 program administrator, the administrator provides written materials, AND
 WITH REGARD TO TRAVEL INSURANCE, THE TRAVEL INSURANCE  AGENT  OR  TRAVEL
 RETAILER  PROVIDES BROCHURES OR OTHER WRITTEN MATERIALS TO PURCHASERS OF
 TRAVEL INSURANCE, that:
   (A) summarize, clearly and correctly, the material terms of  insurance
 coverage,  including the identity of the insurer and, with regard to (I)
 wireless communications equipment insurance, the  agent  licensed  under
 subsection  (b)  of  section  two  thousand  one  hundred  three of this
 article; AND (II) WITH REGARD TO  TRAVEL  INSURANCE,  THE  IDENTITY  AND
 CONTACT INFORMATION OF THE TRAVEL INSURANCE AGENT;
   (B) EXCEPT WITH REGARD TO TRAVEL INSURANCE AGENTS, disclose that these
 policies  may  provide  a  duplication of coverage already provided by a
 S. 10344                            4
 
 renter's personal automobile  insurance  policy,  homeowner's  insurance
 policy,  personal  liability insurance policy, or other source of cover-
 age;
   (C)  state that the purchase by the consumer of the kinds of insurance
 specified in this section is not required in order to rent a vehicle, to
 share a shared vehicle, to purchase  or  lease  wireless  communications
 equipment, or to rent storage space;
   (D)  describe the process for filing a claim in the event the consumer
 elects to purchase coverage;
   (E) WITH REGARD TO A RENTAL VEHICLE COMPANY, A PEER-TO-PEER CAR  SHAR-
 ING  PROGRAM  ADMINISTRATOR, A WIRELESS COMMUNICATIONS EQUIPMENT VENDOR,
 OR A SELF-SERVICE STORAGE COMPANY PROVIDE the price,  deductible,  bene-
 fits,  exclusions  and  conditions or other limitations of such policies
 AND WITH REGARD TO A TRAVEL INSURANCE AGENT, PROVIDE  A  DESCRIPTION  OF
 THE  MATERIAL TERMS OR THE ACTUAL MATERIAL TERMS OF THE INSURANCE COVER-
 AGE;
   (F) disclose that the employee of the rental vehicle company, peer-to-
 peer car sharing program administrator, wireless  communications  equip-
 ment  vendor  or  self-storage company is not qualified or authorized to
 evaluate the adequacy of  the  purchaser's  existing  coverages,  unless
 otherwise  licensed, AND, WITH RESPECT TO TRAVEL INSURANCE, EXPLAIN THAT
 A TRAVEL RETAILER IS PERMITTED TO PROVIDE ONLY GENERAL INFORMATION ABOUT
 THE INSURANCE OFFERED BY THE TRAVEL RETAILER, INCLUDING A DESCRIPTION OF
 THE COVERAGE AND PRICE, BUT IS NOT QUALIFIED  OR  AUTHORIZED  TO  ANSWER
 TECHNICAL  QUESTIONS  ABOUT  THE  TERMS  AND CONDITIONS OF THE INSURANCE
 OFFERED BY THE TRAVEL RETAILER  OR  TO  EVALUATE  THE  ADEQUACY  OF  THE
 CUSTOMER'S EXISTING COVERAGE; and
   (G)  state  that the customer may cancel the insurance at any time and
 any unearned premium will be refunded in accordance with applicable law,
 AND, WITH RESPECT TO TRAVEL INSURANCE,  PROVIDE  A  DESCRIPTION  OF  THE
 REVIEW OR CANCELLATION PROCESS FOR THE TRAVEL INSURANCE POLICY.
   (3)  evidence  of coverage is provided to every consumer who elects to
 purchase such coverage.
   (f) [Rates] WITH REGARD TO A RENTAL VEHICLE  COMPANY,  A  PEER-TO-PEER
 CAR  SHARING  PROGRAM ADMINISTRATOR, A WIRELESS COMMUNICATIONS EQUIPMENT
 VENDOR, OR A SELF-SERVICE STORAGE COMPANY RATES and forms for  insurance
 under  this  section  shall  be  subject to article twenty-three of this
 chapter. [Any] WITH REGARD TO A RENTAL VEHICLE COMPANY,  A  PEER-TO-PEER
 CAR  SHARING  PROGRAM ADMINISTRATOR, A WIRELESS COMMUNICATIONS EQUIPMENT
 VENDOR, OR A SELF-SERVICE STORAGE COMPANY, ANY brochures or other  writ-
 ten materials used in connection with insurance under this section shall
 be filed with the superintendent for review and shall include disclosure
 of the claims filing process, premium, deductible amounts and limits and
 shall  be prominently displayed in the brochure or other written materi-
 als with at least twelve-point type bold headings. Any such brochures or
 other written materials shall also be subject to section three  thousand
 one  hundred  two  of  this chapter, provided, however, that any policy,
 certificate or other evidence of  insurance  coverage,  whether  or  not
 contained  in such brochure, shall not be subject to section three thou-
 sand one hundred two of this chapter, but shall be written  in  a  clear
 and coherent manner and whenever practicable shall use words with common
 and  everyday  meaning  to facilitate readability and to aid the policy-
 holder in understanding the coverage provided.   WITH REGARD  TO  TRAVEL
 INSURANCE AGENTS, BROCHURES AND OTHER WRITTEN MATERIALS SHALL BE SUBJECT
 TO  SECTION  TWO  THOUSAND ONE HUNDRED THIRTY ONE SUBSECTION (L) OF THIS
 CHAPTER.
 S. 10344                            5
 
   (g) Any limited license issued under this section shall also authorize
 any salaried employee or any  sales  representative  authorized  by  the
 licensee  who, pursuant to subsection (h) of this section, is trained to
 act individually on behalf, and under the supervision, of  the  licensee
 with respect to the kinds of insurance specified in this section.
   (h)  (1) Each [company] RENTAL VEHICLE COMPANY, PEER-TO-PEER CAR SHAR-
 ING PROGRAM ADMINISTRATOR, WIRELESS COMMUNICATIONS EQUIPMENT VENDOR,  OR
 SELF-SERVICE  STORAGE COMPANY or franchisee THEREOF licensed pursuant to
 this section shall conduct a training program, which shall be  submitted
 to  the  superintendent  for approval prior to use, and which shall meet
 the following minimum standards:
   [(1)] (A) each trainee shall receive basic instruction about the kinds
 of insurance specified in this section offered for purchase by  prospec-
 tive  renters  of rental vehicles, shared vehicle owners, shared vehicle
 drivers, purchasers or lessors of wireless communications equipment,  or
 renters of storage space;
   [(2)] (B) each trainee shall be instructed with respect to the disclo-
 sures  required  under subsection (e) of this section and to acknowledge
 to a prospective renter of  a  rental  vehicle,  shared  vehicle  owner,
 shared  vehicle  driver,  purchaser or lessor of wireless communications
 equipment, or renter of storage space that purchase of any  such  insur-
 ance specified in this section is not required in order for the consumer
 to rent a motor vehicle, share a shared vehicle, purchase or lease wire-
 less communications equipment, or rent storage space;
   [(3)]  (C)  each  trainee  shall  be  instructed  to  acknowledge to a
 prospective consumer of the kinds of insurance specified in this section
 that the consumer may have insurance policies that already  provide  the
 coverage  being  offered  by  the  rental  vehicle company, the wireless
 communications equipment vendor, or self-service storage company  pursu-
 ant to this section, as applicable; and
   [(4)]  (D)  with regard to wireless communications equipment insurance
 and self-service storage company insurance, training  materials  may  be
 developed  and  provided by an agent licensed pursuant to subsection (b)
 of section two thousand one hundred three of this article.
   (2) WITH REGARD TO TRAVEL INSURANCE, EACH TRAVEL INSURANCE AGENT SHALL
 REQUIRE EACH EMPLOYEE  AND  AUTHORIZED  REPRESENTATIVE  OF  EACH  TRAVEL
 RETAILER  REGISTERED  PURSUANT  TO  SUBSECTION (L) OF THIS SECTION WHOSE
 DUTIES INCLUDE OFFERING AND DISSEMINATING TRAVEL INSURANCE TO RECEIVE  A
 PROGRAM  OF INSTRUCTION OR TRAINING, WHICH IS SUBJECT, AT THE DISCRETION
 OF THE SUPERINTENDENT, TO REVIEW AND  APPROVAL.  THE  TRAINING  MATERIAL
 SHALL,  AT  A  MINIMUM,  CONTAIN  ADEQUATE  INSTRUCTIONS ON THE TYPES OF
 INSURANCE OFFERED, ETHICAL SALES PRACTICES, AND REQUIRED DISCLOSURES  TO
 PROSPECTIVE CUSTOMERS.
   (i)  Limited  licensees  acting pursuant to and under the authority of
 this section shall comply with all applicable provisions of  this  arti-
 cle, except that notwithstanding section two thousand one hundred twenty
 of  this  article, a limited licensee pursuant to this section shall not
 be required to treat premiums collected from consumers  purchasing  such
 insurance  when  renting  motor  vehicles,  sharing  a  shared  vehicle,
 purchasing or leasing  wireless  communications  equipment,  or  renting
 storage space as funds received in a fiduciary capacity, provided that:
   (1)  the  insurer represented by the limited licensee has consented in
 writing, signed by the insurer's officer,  that  premiums  need  not  be
 segregated  from  funds received by the rental vehicle company, peer-to-
 peer car sharing program administrator, wireless  communications  equip-
 ment vendor, or self-storage company on account of vehicle rental, shar-
 S. 10344                            6
 
 ing  of  a shared vehicle, wireless communications equipment purchase or
 lease, or storage space rental; and
   (2)  the charges for insurance coverage are itemized but not billed to
 the consumer separately from the charges  for  rental  vehicles,  shared
 vehicles,  purchase  or  lease  of wireless communications equipment, or
 storage space rental.
   (j) No limited licensees under this section shall advertise, represent
 or otherwise hold itself or any  of  its  employees  themselves  out  as
 licensed insurance agents or brokers.
   (k)  The  superintendent  may  issue  a replacement for a currently in
 force license which has been lost or destroyed. Before such  replacement
 license  shall  be  issued,  there shall be on file in the office of the
 superintendent a  written  application  for  such  replacement  license,
 affirming  under  penalty  of perjury that the original license has been
 lost or destroyed, together with a fee of fifteen dollars.
   (L) WITH RESPECT TO TRAVEL INSURANCE:
   (1) A TRAVEL RETAILER MAY OFFER AND DISSEMINATE  TRAVEL  INSURANCE  ON
 BEHALF  OF  AND  UNDER  THE  LICENSE  OF A TRAVEL INSURANCE AGENT IF THE
 FOLLOWING CONDITIONS ARE MET:
   (A) THE TRAVEL INSURANCE AGENT OR TRAVEL RETAILER PROVIDES TO PURCHAS-
 ERS OF TRAVEL INSURANCE:
   (I) A DESCRIPTION OF THE MATERIAL TERMS OR THE ACTUAL  MATERIAL  TERMS
 OF THE INSURANCE COVERAGE;
   (II) A DESCRIPTION OF THE PROCESS FOR FILING A CLAIM;
   (III)  A  DESCRIPTION  OF  THE  REVIEW OR CANCELLATION PROCESS FOR THE
 TRAVEL INSURANCE POLICY; AND
   (IV) THE IDENTITY AND CONTACT INFORMATION OF THE  INSURER  AND  TRAVEL
 INSURANCE AGENT.
   (B)  AT THE TIME OF LICENSURE, THE TRAVEL INSURANCE AGENT SHALL ESTAB-
 LISH AND MAINTAIN A REGISTER ON A FORM PRESCRIBED BY THE  SUPERINTENDENT
 OF  EACH  TRAVEL  RETAILER  THAT  OFFERS  TRAVEL INSURANCE ON THE TRAVEL
 INSURANCE AGENT'S BEHALF. THE REGISTER SHALL BE MAINTAINED  AND  UPDATED
 BY  THE  TRAVEL INSURANCE AGENT AND SHALL INCLUDE THE NAME, ADDRESS, AND
 CONTACT INFORMATION OF THE TRAVEL RETAILER AND AN OFFICER OR PERSON  WHO
 DIRECTS  OR  CONTROLS  THE  TRAVEL RETAILER'S OPERATIONS, AND THE TRAVEL
 RETAILER'S FEDERAL TAX IDENTIFICATION  NUMBER.    THE  TRAVEL  INSURANCE
 AGENT  SHALL  SUBMIT SUCH REGISTER TO THE SUPERINTENDENT UPON REASONABLE
 REQUEST. THE TRAVEL INSURANCE AGENT SHALL ALSO CERTIFY THAT  THE  TRAVEL
 RETAILER  REGISTERED  COMPLIES  WITH  18  USC  1033. THE GROUNDS FOR THE
 SUSPENSION, REVOCATION, AND THE PENALTIES APPLICABLE TO RESIDENT  INSUR-
 ANCE PRODUCERS SHALL BE APPLICABLE TO TRAVEL INSURANCE AGENTS AND TRAVEL
 RETAILERS.
   (C) THE TRAVEL INSURANCE AGENT HAS DESIGNATED ONE OF ITS EMPLOYEES WHO
 IS A LICENSED INDIVIDUAL PRODUCER AS THE PERSON, HEREINAFTER "DESIGNATED
 RESPONSIBLE  PRODUCER" OR "DRP", RESPONSIBLE FOR THE COMPLIANCE WITH THE
 TRAVEL INSURANCE LAWS AND REGULATIONS APPLICABLE TO THE TRAVEL INSURANCE
 AGENT AND ITS REGISTRANTS.
   (D) THE DRP, PRESIDENT, SECRETARY, TREASURER, AND ANY OTHER OFFICER OR
 PERSON WHO DIRECTS OR CONTROLS THE TRAVEL  INSURANCE  AGENT'S  INSURANCE
 OPERATIONS  COMPLIES  WITH THE FINGERPRINTING REQUIREMENTS APPLICABLE TO
 INSURANCE PRODUCERS IN THE RESIDENT STATE OF THE TRAVEL INSURANCE AGENT.
   (E) THE TRAVEL INSURANCE AGENT HAS PAID ALL APPLICABLE LICENSING  FEES
 AS SET FORTH IN APPLICABLE STATE LAW.
   (2)  ANY  TRAVEL  RETAILER  OFFERING OR DISSEMINATING TRAVEL INSURANCE
 SHALL MAKE AVAILABLE TO PROSPECTIVE PURCHASERS BROCHURES OR OTHER  WRIT-
 S. 10344                            7
 
 TEN  MATERIALS THAT HAVE BEEN APPROVED BY THE TRAVEL INSURER. SUCH MATE-
 RIALS SHALL INCLUDE INFORMATION WHICH, AT A MINIMUM:
   (I)  PROVIDES  THE IDENTITY AND CONTACT INFORMATION OF THE INSURER AND
 THE TRAVEL INSURANCE AGENT;
   (II) EXPLAINS THAT THE PURCHASE OF TRAVEL INSURANCE IS NOT REQUIRED IN
 ORDER TO PURCHASE ANY OTHER PRODUCT OR SERVICE FROM THE TRAVEL RETAILER;
 AND
   (III) EXPLAINS THAT AN UNLICENSED  TRAVEL  RETAILER  IS  PERMITTED  TO
 PROVIDE  ONLY  GENERAL  INFORMATION  ABOUT  THE INSURANCE OFFERED BY THE
 TRAVEL RETAILER, INCLUDING A DESCRIPTION OF THE COVERAGE AND PRICE,  BUT
 IS  NOT  QUALIFIED OR AUTHORIZED TO ANSWER TECHNICAL QUESTIONS ABOUT THE
 TERMS AND CONDITIONS OF THE INSURANCE OFFERED BY THE TRAVEL RETAILER  OR
 TO EVALUATE THE ADEQUACY OF THE CUSTOMER'S EXISTING INSURANCE COVERAGE.
   (3) A TRAVEL RETAILER EMPLOYEE OR AUTHORIZED REPRESENTATIVE WHO IS NOT
 LICENSED AS AN INSURANCE AGENT SHALL NOT:
   (A)  EVALUATE  OR  INTERPRET THE TECHNICAL TERMS, BENEFITS, AND CONDI-
 TIONS OF THE OFFERED TRAVEL INSURANCE COVERAGE;
   (B) EVALUATE OR PROVIDE ADVICE CONCERNING  A  PROSPECTIVE  PURCHASER'S
 EXISTING INSURANCE COVERAGE; OR
   (C) HOLD THEMSELF OR ITSELF OUT AS A LICENSED INSURER, LICENSED AGENT,
 OR INSURANCE EXPERT.
   (4)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, A TRAVEL RETAILER
 WHOSE INSURANCE-RELATED ACTIVITIES,  AND  THOSE  OF  ITS  EMPLOYEES  AND
 AUTHORIZED  REPRESENTATIVES,  ARE  LIMITED TO OFFERING AND DISSEMINATING
 TRAVEL INSURANCE ON BEHALF OF AND UNDER THE DIRECTION OF A TRAVEL INSUR-
 ANCE AGENT MEETING THE CONDITIONS STATED IN THIS SUBSECTION, IS  AUTHOR-
 IZED  TO  RECEIVE  RELATED COMPENSATION, UPON REGISTRATION BY THE TRAVEL
 INSURANCE AGENT AS DESCRIBED IN SUBPARAGRAPH (B)  OF  PARAGRAPH  ONE  OF
 THIS SUBSECTION.
   (5) AS THE INSURER SUPERVISING DESIGNEE, THE TRAVEL INSURANCE AGENT IS
 RESPONSIBLE FOR THE ACTS OF THE TRAVEL RETAILER AND SHALL USE REASONABLE
 MEANS TO ENSURE COMPLIANCE BY THE TRAVEL RETAILER WITH THIS ARTICLE.
   [(l)] (M) For purposes of this section "wireless communications equip-
 ment" shall mean wireless handsets, pagers, personal digital assistants,
 wireless  telephones  or wireless telephone batteries and other wireless
 devices and accessories related to such devices that are used to  access
 wireless communications services and includes wireless services.
   [(m)]  (N)  For  purposes  of  this section, "peer-to-peer car sharing
 program administrator", "peer-to-peer car sharing period", "shared vehi-
 cle", "shared vehicle driver", and "shared vehicle owner" shall have the
 meanings set forth in section nine hundred of the general business law.
   (O) FOR PURPOSES OF THIS SECTION:
   (1) "TRAVEL INSURANCE" SHALL HAVE THE MEANING  SET  FORTH  IN  SECTION
 EIGHT THOUSAND ONE HUNDRED TWO OF THIS CHAPTER.
   (2)  "TRAVEL  INSURANCE  AGENT"  SHALL  MEAN  AN  AGENT LICENSED UNDER
 SECTION TWO THOUSAND ONE HUNDRED THREE OF  THIS  ARTICLE  OR  A  LIMITED
 LICENSEE UNDER SUBSECTION (A) OF THIS SECTION, AN AGENT THAT OPERATES AS
 AN  APPOINTED MANAGING GENERAL AGENT IN THIS STATE, OR A TRAVEL ADMINIS-
 TRATOR AS DEFINED IN SECTION EIGHT THOUSAND  ONE  HUNDRED  TWO  OF  THIS
 CHAPTER.
   (3)  "OFFER AND DISSEMINATE" SHALL MEAN PROVIDING GENERAL INFORMATION,
 INCLUDING A DESCRIPTION OF THE COVERAGE AND PRICE, AS WELL AS PROCESSING
 THE APPLICATION, COLLECTING PREMIUMS, AND PERFORMING OTHER  NON-LICENSA-
 BLE ACTIVITIES PERMITTED BY THE STATE.
   (4)  "TRAVEL  RETAILER"  SHALL  MEAN  A  BUSINESS  ENTITY  THAT MAKES,
 ARRANGES OR OFFERS PLANNED TRAVEL AND MAY OFFER AND  DISSEMINATE  TRAVEL
 S. 10344                            8
 
 INSURANCE  AS  A  SERVICE  TO  ITS  CUSTOMERS ON BEHALF OF AND UNDER THE
 DIRECTION OF A TRAVEL INSURANCE AGENT.
   §  6.  The insurance law is amended by adding a new article 81 to read
 as follows:
                                ARTICLE 81
                             TRAVEL INSURANCE
 SECTION 8101. SCOPE AND PURPOSES.
         8102. DEFINITIONS.
         8103. TRAVEL PROTECTION PLANS.
         8104. SALES PRACTICES.
         8105. TRAVEL ADMINISTRATORS.
         8106. POLICY.
         8107. REGULATIONS.
   § 8101. SCOPE AND PURPOSES. (A) THE PURPOSE  OF  THIS  ARTICLE  IS  TO
 PROMOTE  THE  PUBLIC WELFARE BY CREATING A COMPREHENSIVE LEGAL FRAMEWORK
 WITHIN WHICH TRAVEL INSURANCE MAY BE SOLD IN THIS STATE.
   (B) THE REQUIREMENTS OF THIS ARTICLE SHALL APPLY TO  TRAVEL  INSURANCE
 THAT  COVERS ANY RESIDENT OF THIS STATE, AND IS SOLD, SOLICITED, NEGOTI-
 ATED, OR OFFERED IN THIS STATE, AND POLICIES AND CERTIFICATES  THAT  ARE
 DELIVERED  OR  ISSUED  FOR DELIVERY IN THIS STATE. IT SHALL NOT APPLY TO
 CANCELLATION FEE  WAIVERS  OR  TRAVEL  ASSISTANCE  SERVICES,  EXCEPT  AS
 EXPRESSLY PROVIDED HEREIN.
   (C)  ALL OTHER APPLICABLE PROVISIONS OF THIS CHAPTER SHALL CONTINUE TO
 APPLY TO TRAVEL INSURANCE EXCEPT THAT THE SPECIFIC  PROVISIONS  OF  THIS
 ARTICLE  SHALL SUPERSEDE ANY GENERAL PROVISIONS OF LAW THAT WOULD OTHER-
 WISE BE APPLICABLE TO TRAVEL INSURANCE.
   § 8102. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   (A) "AGGREGATOR SITE" MEANS A WEBSITE THAT PROVIDES ACCESS TO INFORMA-
 TION REGARDING INSURANCE PRODUCTS FROM MORE THAN ONE INSURER,  INCLUDING
 PRODUCT AND INSURER INFORMATION, FOR USE IN COMPARISON SHOPPING.
   (B)  "BLANKET  TRAVEL  INSURANCE"  MEANS  A POLICY OF TRAVEL INSURANCE
 ISSUED TO ANY ELIGIBLE GROUP PROVIDING COVERAGE FOR SPECIFIC CLASSES  OF
 PERSONS  DEFINED  IN THE POLICY WITH COVERAGE PROVIDED TO ALL MEMBERS OF
 THE ELIGIBLE GROUP WITHOUT A SEPARATE CHARGE TO  INDIVIDUAL  MEMBERS  OF
 THE ELIGIBLE GROUP.
   (C)  "CANCELLATION FEE WAIVER" MEANS A CONTRACTUAL AGREEMENT BETWEEN A
 SUPPLIER OF TRAVEL SERVICES AND ITS CUSTOMER TO WAIVE SOME OR ALL OF THE
 NON-REFUNDABLE CANCELLATION FEE PROVISIONS OF THE SUPPLIER'S  UNDERLYING
 TRAVEL  CONTRACT  WITH OR WITHOUT REGARD TO THE REASON FOR THE CANCELLA-
 TION OR FORM OF REIMBURSEMENT. A CANCELLATION FEE WAIVER IS  NOT  INSUR-
 ANCE.
   (D)  "SUPERINTENDENT"  MEANS  THE  SUPERINTENDENT OF THE DEPARTMENT OF
 FINANCIAL SERVICES.
   (E) NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  SOLELY  FOR  THE
 PURPOSES OF TRAVEL INSURANCE, "ELIGIBLE GROUP" MEANS TWO OR MORE PERSONS
 WHO  ARE  ENGAGED  IN  A  COMMON ENTERPRISE, OR HAVE AN ECONOMIC, EDUCA-
 TIONAL, OR SOCIAL AFFINITY OR RELATIONSHIP, INCLUDING BUT NOT LIMITED TO
 ANY OF THE FOLLOWING:
   (1) ANY ENTITY ENGAGED IN THE BUSINESS OF PROVIDING TRAVEL  OR  TRAVEL
 SERVICES,  INCLUDING BUT NOT LIMITED TO: TOUR OPERATORS, LODGING PROVID-
 ERS, VACATION PROPERTY OWNERS, HOTELS AND RESORTS, TRAVEL CLUBS,  TRAVEL
 AGENCIES,  PROPERTY  MANAGERS,  CULTURAL  EXCHANGE  PROGRAMS, AND COMMON
 CARRIERS OR THE OPERATOR, OWNER, OR LESSOR OF A MEANS OF  TRANSPORTATION
 OF  PASSENGERS,  INCLUDING  BUT  NOT  LIMITED TO AIRLINES, CRUISE LINES,
 RAILROADS, STEAMSHIP COMPANIES, AND PUBLIC BUS  CARRIERS,  WHEREIN  WITH
 REGARD  TO  ANY  PARTICULAR  TRAVEL  OR TYPE OF TRAVEL OR TRAVELERS, ALL
 S. 10344                            9

 MEMBERS OR CUSTOMERS OF THE GROUP MUST HAVE A COMMON  EXPOSURE  TO  RISK
 ATTENDANT TO SUCH TRAVEL;
   (2)  ANY  COLLEGE,  SCHOOL, OR OTHER INSTITUTION OF LEARNING, COVERING
 STUDENTS, TEACHERS, EMPLOYEES, OR VOLUNTEERS;
   (3) ANY EMPLOYER COVERING ANY GROUP OF EMPLOYEES, VOLUNTEERS, CONTRAC-
 TORS, BOARD OF DIRECTORS, DEPENDENTS, OR GUESTS;
   (4) ANY SPORTS TEAM, CAMP, OR SPONSOR THEREOF, COVERING  PARTICIPANTS,
 MEMBERS, CAMPERS, EMPLOYEES, OFFICIALS, SUPERVISORS, OR VOLUNTEERS;
   (5)  ANY  RELIGIOUS,  CHARITABLE,  RECREATIONAL, EDUCATIONAL, OR CIVIC
 ORGANIZATION, OR BRANCH THEREOF, COVERING ANY GROUP OF MEMBERS,  PARTIC-
 IPANTS, OR VOLUNTEERS;
   (6)  ANY  FINANCIAL  INSTITUTION  OR  FINANCIAL INSTITUTION VENDOR, OR
 PARENT HOLDING COMPANY, TRUSTEE, OR AGENT OF OR  DESIGNATED  BY  ONE  OR
 MORE  FINANCIAL INSTITUTIONS OR FINANCIAL INSTITUTION VENDORS, INCLUDING
 ACCOUNTHOLDERS, CREDIT CARD HOLDERS, DEBTORS, GUARANTORS, OR PURCHASERS;
   (7) ANY INCORPORATED OR UNINCORPORATED  ASSOCIATION,  INCLUDING  LABOR
 UNIONS, HAVING A COMMON INTEREST, CONSTITUTION AND BYLAWS, AND ORGANIZED
 AND MAINTAINED IN GOOD FAITH FOR PURPOSES OTHER THAN OBTAINING INSURANCE
 FOR MEMBERS OR PARTICIPANTS OF SUCH ASSOCIATION COVERING ITS MEMBERS;
   (8)  ANY TRUST OR THE TRUSTEES OF A FUND ESTABLISHED, CREATED OR MAIN-
 TAINED FOR THE BENEFIT OF AND COVERING MEMBERS, EMPLOYEES OR  CUSTOMERS,
 SUBJECT  TO THE SUPERINTENDENT'S PERMITTING THE USE OF A TRUST OF ONE OR
 MORE ASSOCIATIONS MEETING THE REQUIREMENTS OF PARAGRAPH  SEVEN  OF  THIS
 SUBSECTION;
   (9)  ANY  VOLUNTEER FIRE DEPARTMENT, AMBULANCE, RESCUE, POLICE, COURT,
 OR ANY FIRST AID, CIVIL DEFENSE, OR OTHER SUCH VOLUNTEER GROUP; OR
   (10) ANY OTHER GROUP WHERE THE SUPERINTENDENT HAS DETERMINED THAT  THE
 MEMBERS  ARE ENGAGED IN A COMMON ENTERPRISE, OR HAVE AN ECONOMIC, EDUCA-
 TIONAL, OR SOCIAL AFFINITY OR RELATIONSHIP, AND  THAT  ISSUANCE  OF  THE
 POLICY WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST.
   (F)  "FULFILLMENT MATERIALS" MEANS DOCUMENTATION SENT TO THE PURCHASER
 OF A TRAVEL PROTECTION PLAN CONFIRMING THE PURCHASE  AND  PROVIDING  THE
 TRAVEL PROTECTION PLAN'S COVERAGE AND ASSISTANCE DETAILS.
   (G)  "GROUP  TRAVEL  INSURANCE"  MEANS  TRAVEL INSURANCE ISSUED TO ANY
 ELIGIBLE GROUP.
   (H) "TRAVEL INSURANCE AGENT" SHALL  HAVE  THE  MEANING  SET  FORTH  IN
 SECTION TWO THOUSAND ONE HUNDRED THIRTY-ONE OF THIS CHAPTER.
   (I)  "TRAVEL  ADMINISTRATOR" MEANS A PERSON WHO DIRECTLY OR INDIRECTLY
 UNDERWRITES, COLLECTS CHARGES, COLLATERAL OR PREMIUMS FROM,  OR  ADJUSTS
 OR  SETTLES CLAIMS ON RESIDENTS OF THIS STATE, IN CONNECTION WITH TRAVEL
 INSURANCE, EXCEPT THAT A PERSON SHALL NOT BE CONSIDERED A TRAVEL  ADMIN-
 ISTRATOR  IF THAT PERSON'S ONLY ACTIONS THAT WOULD OTHERWISE CAUSE IT TO
 BE CONSIDERED A TRAVEL ADMINISTRATOR ARE AMONG THE FOLLOWING:
   (1) A PERSON WORKING FOR A TRAVEL ADMINISTRATOR TO THE EXTENT THAT THE
 PERSON'S ACTIVITIES ARE SUBJECT TO THE SUPERVISION AND  CONTROL  OF  THE
 TRAVEL ADMINISTRATOR;
   (2)  AN INSURANCE PRODUCER SELLING INSURANCE OR ENGAGED IN ADMINISTRA-
 TIVE AND CLAIMS-RELATED ACTIVITIES WITHIN THE SCOPE  OF  THE  PRODUCER'S
 LICENSE;
   (3)  A TRAVEL RETAILER OFFERING AND DISSEMINATING TRAVEL INSURANCE AND
 REGISTERED UNDER THE LICENSE OF A TRAVEL INSURANCE AGENT  IN  ACCORDANCE
 WITH THIS ARTICLE;
   (4) AN INDIVIDUAL ADJUSTING OR SETTLING CLAIMS IN THE NORMAL COURSE OF
 THAT  INDIVIDUAL'S  PRACTICE OR EMPLOYMENT AS AN ATTORNEY-AT-LAW AND WHO
 DOES NOT COLLECT CHARGES OR PREMIUMS IN CONNECTION WITH INSURANCE COVER-
 AGE; OR
 S. 10344                           10

   (5) A BUSINESS ENTITY THAT IS AFFILIATED WITH A LICENSED INSURER WHILE
 ACTING AS A TRAVEL ADMINISTRATOR FOR THE DIRECT  AND  ASSUMED  INSURANCE
 BUSINESS OF AN AFFILIATED INSURER.
   (J)  "TRAVEL  ASSISTANCE  SERVICES"  MEANS  NON-INSURANCE SERVICES FOR
 WHICH THE CONSUMER IS NOT INDEMNIFIED BASED ON A FORTUITOUS  EVENT,  AND
 WHERE  PROVIDING  THE SERVICE DOES NOT RESULT IN TRANSFER OR SHIFTING OF
 RISK THAT WOULD CONSTITUTE THE BUSINESS OF INSURANCE. TRAVEL  ASSISTANCE
 SERVICES  INCLUDE, BUT ARE NOT LIMITED TO: SECURITY ADVISORIES; DESTINA-
 TION INFORMATION; VACCINATION  AND  IMMUNIZATION  INFORMATION  SERVICES;
 TRAVEL RESERVATION SERVICES; ENTERTAINMENT; ACTIVITY AND EVENT PLANNING;
 TRANSLATION  ASSISTANCE;  EMERGENCY  MESSAGING;  INTERNATIONAL LEGAL AND
 MEDICAL REFERRALS; MEDICAL CASE MONITORING; COORDINATION OF  TRANSPORTA-
 TION   ARRANGEMENTS;   EMERGENCY   CASH   TRANSFER  ASSISTANCE;  MEDICAL
 PRESCRIPTION  REPLACEMENT  ASSISTANCE;  PASSPORT  AND  TRAVEL   DOCUMENT
 REPLACEMENT ASSISTANCE; LOST LUGGAGE ASSISTANCE; CONCIERGE SERVICES; AND
 ANY  OTHER  SERVICE THAT IS FURNISHED IN CONNECTION WITH PLANNED TRAVEL.
 TRAVEL ASSISTANCE SERVICES ARE NOT INSURANCE AND NOT RELATED  TO  INSUR-
 ANCE.
   (K)  "TRAVEL  INSURANCE"  MEANS  INSURANCE COVERAGE FOR PERSONAL RISKS
 INCIDENT TO PLANNED TRAVEL, INCLUDING:
   (1) INTERRUPTION OR CANCELLATION OF TRIP OR EVENT;
   (2) LOSS OF BAGGAGE OR PERSONAL EFFECTS;
   (3) DAMAGES TO ACCOMMODATIONS OR RENTAL VEHICLES;
   (4) SICKNESS, ACCIDENT, DISABILITY OR DEATH OCCURRING DURING TRAVEL;
   (5) EMERGENCY EVACUATION;
   (6) REPATRIATION OF REMAINS; OR
   (7) ANY OTHER CONTRACTUAL OBLIGATIONS TO INDEMNIFY OR PAY A  SPECIFIED
 AMOUNT TO THE TRAVELER UPON DETERMINABLE CONTINGENCIES RELATED TO TRAVEL
 AS APPROVED BY THE SUPERINTENDENT.
   "TRAVEL  INSURANCE"  DOES NOT INCLUDE MAJOR MEDICAL PLANS THAT PROVIDE
 COMPREHENSIVE MEDICAL PROTECTION FOR TRAVELERS WITH TRIPS LASTING LONGER
 THAN SIX MONTHS, INCLUDING, THOSE WORKING OR  RESIDING  OVERSEAS  AS  AN
 EXPATRIATE,  OR  ANY  OTHER  PRODUCT  THAT REQUIRES A SPECIFIC INSURANCE
 PRODUCER LICENSE.
   (L) "TRAVEL PROTECTION PLANS" MEANS PLANS THAT PROVIDE ONE OR MORE  OF
 THE FOLLOWING: TRAVEL INSURANCE, TRAVEL ASSISTANCE SERVICES, AND CANCEL-
 LATION FEE WAIVERS.
   (M)  "TRAVEL RETAILER" SHALL HAVE THE MEANING SET FORTH IN SECTION TWO
 THOUSAND ONE HUNDRED THIRTY-ONE OF THIS CHAPTER.
   § 8103. TRAVEL  PROTECTION  PLANS.  TRAVEL  PROTECTION  PLANS  MAY  BE
 OFFERED  FOR  ONE  PRICE  FOR  THE  COMBINED  FEATURES  THAT  THE TRAVEL
 PROTECTION PLAN OFFERS IN THIS STATE IF:
   (A) THE TRAVEL PROTECTION PLAN CLEARLY DISCLOSES TO THE  CONSUMER,  AT
 OR  PRIOR  TO  THE  TIME OF PURCHASE, THAT IT INCLUDES TRAVEL INSURANCE,
 TRAVEL ASSISTANCE SERVICES, AND CANCELLATION FEE WAIVERS, AS APPLICABLE,
 AND PROVIDES INFORMATION AND AN OPPORTUNITY, AT OR PRIOR TO THE TIME  OF
 PURCHASE,  FOR  THE  CONSUMER TO OBTAIN ADDITIONAL INFORMATION REGARDING
 THE FEATURES AND PRICING OF EACH; AND
   (B) THE FULFILLMENT MATERIALS:
   (1) DESCRIBE AND DELINEATE THE  TRAVEL  INSURANCE,  TRAVEL  ASSISTANCE
 SERVICES,  AND  CANCELLATION  FEE WAIVERS IN THE TRAVEL PROTECTION PLAN;
 AND
   (2) INCLUDE THE TRAVEL INSURANCE DISCLOSURES AND THE CONTACT  INFORMA-
 TION  FOR PERSONS PROVIDING TRAVEL ASSISTANCE SERVICES, AND CANCELLATION
 FEE WAIVERS, AS APPLICABLE.
 S. 10344                           11
 
   § 8104. SALES PRACTICES. (A) ALL PERSONS OFFERING TRAVEL INSURANCE  TO
 RESIDENTS OF THIS STATE ARE SUBJECT TO ARTICLE TWENTY-FOUR OF THIS CHAP-
 TER,  EXCEPT  AS  OTHERWISE  PROVIDED IN THIS SECTION. IN THE EVENT OF A
 CONFLICT BETWEEN THIS ACT AND OTHER PROVISIONS OF THIS CHAPTER REGARDING
 THE  SALE AND MARKETING OF TRAVEL INSURANCE AND TRAVEL PROTECTION PLANS,
 THE PROVISIONS OF THIS ACT SHALL CONTROL.
   (B) ILLUSORY TRAVEL INSURANCE. OFFERING OR SELLING A TRAVEL  INSURANCE
 POLICY  THAT COULD NEVER RESULT IN PAYMENT OF ANY CLAIMS FOR ANY INSURED
 UNDER THE POLICY IS AN UNFAIR TRADE PRACTICE UNDER  ARTICLE  TWENTY-FOUR
 OF THIS CHAPTER.
   (C) MARKETING:
   (1) ALL DOCUMENTS PROVIDED TO CONSUMERS PRIOR TO THE PURCHASE OF TRAV-
 EL  INSURANCE, INCLUDING BUT NOT LIMITED TO SALES MATERIALS, ADVERTISING
 MATERIALS, AND MARKETING MATERIALS, SHALL BE CONSISTENT WITH THE  TRAVEL
 INSURANCE  POLICY  ITSELF, INCLUDING BUT NOT LIMITED TO, FORMS, ENDORSE-
 MENTS, POLICIES, RATE FILINGS, AND CERTIFICATES OF INSURANCE.
   (2) FOR TRAVEL INSURANCE POLICIES OR CERTIFICATES THAT CONTAIN PRE-EX-
 ISTING CONDITION EXCLUSIONS, INFORMATION AND  AN  OPPORTUNITY  TO  LEARN
 MORE  ABOUT  THE PRE-EXISTING CONDITION EXCLUSIONS SHALL BE PROVIDED ANY
 TIME PRIOR TO THE TIME OF PURCHASE, AND IN  THE  COVERAGE'S  FULFILLMENT
 MATERIALS.
   (3)  (A)  THE FOLLOWING SHALL BE PROVIDED TO A POLICYHOLDER OR CERTIF-
 ICATE HOLDER AS SOON AS PRACTICABLE, FOLLOWING THE PURCHASE OF A  TRAVEL
 PROTECTION PLAN:
   (I) THE FULFILLMENT MATERIALS;
   (II)  A DESCRIPTION OF THE MATERIAL TERMS OR THE ACTUAL MATERIAL TERMS
 OF THE INSURANCE COVERAGE;
   (III) A DESCRIPTION OF THE PROCESS FOR FILING A CLAIM;
   (IV) A DESCRIPTION OF THE REVIEW OR CANCELLATION PROCESS FOR THE TRAV-
 EL INSURANCE POLICY; AND
   (V) THE IDENTITY AND CONTACT INFORMATION OF  THE  INSURER  AND  TRAVEL
 INSURANCE AGENT.
   (B)  UNLESS  THE  INSURED HAS EITHER STARTED A COVERED TRIP OR FILED A
 CLAIM UNDER THE TRAVEL INSURANCE COVERAGE, A POLICYHOLDER OR CERTIFICATE
 HOLDER MAY CANCEL A POLICY OR CERTIFICATE FOR A FULL REFUND OF THE TRAV-
 EL PROTECTION  PLAN  PRICE  FROM  THE  DATE  OF  PURCHASE  OF  A  TRAVEL
 PROTECTION PLAN UNTIL AT LEAST:
   (I)  FIFTEEN  DAYS  FOLLOWING  THE  DATE  OF  DELIVERY  OF  THE TRAVEL
 PROTECTION PLAN'S FULFILLMENT MATERIALS BY POSTAL MAIL; OR
   (II) TEN DAYS FOLLOWING THE DATE OF DELIVERY OF THE TRAVEL  PROTECTION
 PLAN'S FULFILLMENT MATERIALS BY MEANS OTHER THAN POSTAL MAIL.
   FOR  THE  PURPOSES OF THIS SECTION, DELIVERY MEANS HANDING FULFILLMENT
 MATERIALS TO THE POLICYHOLDER OR CERTIFICATE HOLDER OR SENDING  FULFILL-
 MENT MATERIALS BY POSTAL MAIL OR ELECTRONIC MEANS TO THE POLICYHOLDER OR
 CERTIFICATE HOLDER.
   (4)  THE  TRAVEL  INSURANCE  PROVIDER  SHALL  DISCLOSE  IN  THE POLICY
 DOCUMENTATION AND FULFILLMENT MATERIALS WHETHER THE TRAVEL INSURANCE  IS
 PRIMARY OR SECONDARY TO OTHER APPLICABLE COVERAGE.
   (5)  WHERE TRAVEL INSURANCE IS MARKETED DIRECTLY TO A CONSUMER THROUGH
 AN INSURER'S WEBSITE OR BY OTHERS THROUGH AN AGGREGATOR SITE,  IT  SHALL
 NOT BE AN UNFAIR TRADE PRACTICE OR OTHER VIOLATION OF LAW WHERE AN ACCU-
 RATE  SUMMARY  OR  SHORT  DESCRIPTION OF COVERAGE IS PROVIDED ON THE WEB
 PAGE, SO LONG AS THE CONSUMER HAS ACCESS TO THE FULL PROVISIONS  OF  THE
 POLICY THROUGH ELECTRONIC MEANS.
   (D)  OPT  OUT.  NO  PERSON OFFERING, SOLICITING, OR NEGOTIATING TRAVEL
 INSURANCE OR TRAVEL PROTECTION PLANS ON AN INDIVIDUAL OR GROUP BASIS MAY
 S. 10344                           12
 
 DO SO BY USING NEGATIVE OPTION OR OPT OUT, WHICH WOULD REQUIRE A CONSUM-
 ER TO TAKE AN AFFIRMATIVE ACTION TO DESELECT COVERAGE, SUCH AS  UNCHECK-
 ING A BOX ON AN ELECTRONIC FORM, WHEN THE CONSUMER PURCHASES A TRIP.
   (E)  IT  SHALL  BE  AN  UNFAIR TRADE PRACTICE TO MARKET BLANKET TRAVEL
 INSURANCE COVERAGE AS FREE.
   (F) WHERE A CONSUMER'S  DESTINATION  JURISDICTION  REQUIRES  INSURANCE
 COVERAGE,  IT  SHALL  NOT  BE AN UNFAIR TRADE PRACTICE TO REQUIRE THAT A
 CONSUMER CHOOSE BETWEEN THE FOLLOWING OPTIONS AS A CONDITION OF PURCHAS-
 ING A TRIP OR TRAVEL PACKAGE:
   (1) PURCHASING THE COVERAGE REQUIRED BY THE  DESTINATION  JURISDICTION
 THROUGH THE TRAVEL RETAILER OR TRAVEL INSURANCE AGENT SUPPLYING THE TRIP
 OR TRAVEL PACKAGE; OR
   (2)  AGREEING  TO  OBTAIN AND PROVIDE PROOF OF COVERAGE THAT MEETS THE
 DESTINATION JURISDICTION'S REQUIREMENTS PRIOR TO DEPARTURE.
   §  8105.  TRAVEL  ADMINISTRATORS.  (A)   NOTWITHSTANDING   ANY   OTHER
 PROVISIONS OF THIS ARTICLE, NO PERSON SHALL ACT OR REPRESENT ITSELF AS A
 TRAVEL  ADMINISTRATOR  FOR  TRAVEL  INSURANCE  IN THIS STATE UNLESS THAT
 PERSON:
   (1) IS A LICENSED PROPERTY AND CASUALTY  INSURANCE  PRODUCER  IN  THIS
 STATE FOR ACTIVITIES PERMITTED UNDER THAT PRODUCER LICENSE; OR
   (2) OPERATES AS AN APPOINTED MANAGING GENERAL AGENT IN THIS STATE.
   (B)  A  TRAVEL  ADMINISTRATOR  AND  ITS  EMPLOYEES ARE EXEMPT FROM THE
 LICENSING REQUIREMENTS OF SECTION TWO THOUSAND ONE HUNDRED EIGHT OF THIS
 CHAPTER FOR TRAVEL INSURANCE IT ADMINISTERS.
   (C) AN INSURER IS RESPONSIBLE FOR THE ACTS OF A  TRAVEL  ADMINISTRATOR
 ADMINISTERING  TRAVEL  INSURANCE  UNDERWRITTEN  BY  THE  INSURER, AND IS
 RESPONSIBLE FOR ENSURING THAT THE  TRAVEL  ADMINISTRATOR  MAINTAINS  ALL
 BOOKS  AND  RECORDS  RELEVANT TO THE INSURER TO BE MADE AVAILABLE BY THE
 TRAVEL ADMINISTRATOR TO THE SUPERINTENDENT UPON REQUEST.
   § 8106. POLICY. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS  CHAP-
 TER,  TRAVEL  INSURANCE  SHALL  BE  CLASSIFIED AND FILED FOR PURPOSES OF
 RATES AND FORMS UNDER AN INLAND  MARINE  LINE  OF  INSURANCE,  PROVIDED,
 HOWEVER,  THAT  TRAVEL  INSURANCE  THAT  PROVIDES COVERAGE FOR SICKNESS,
 ACCIDENT, DISABILITY OR DEATH OCCURRING DURING TRAVEL, EITHER EXCLUSIVE-
 LY, OR IN CONJUNCTION WITH RELATED COVERAGES OF EMERGENCY EVACUATION  OR
 REPATRIATION  OF  REMAINS,  OR  INCIDENTAL LIMITED PROPERTY AND CASUALTY
 BENEFITS SUCH AS BAGGAGE OR TRIP CANCELLATION, MAY BE FILED UNDER EITHER
 AN ACCIDENT AND HEALTH LINE OF INSURANCE OR AN  INLAND  MARINE  LINE  OF
 INSURANCE.
   (B)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, TRAVEL INSURANCE MAY
 BE IN THE FORM OF AN INDIVIDUAL, GROUP, OR BLANKET POLICY.
   (C) ELIGIBILITY AND UNDERWRITING STANDARDS FOR TRAVEL INSURANCE MAY BE
 DEVELOPED AND PROVIDED BASED ON TRAVEL  PROTECTION  PLANS  DESIGNED  FOR
 INDIVIDUAL  OR  IDENTIFIED  MARKETING OR DISTRIBUTION CHANNELS, PROVIDED
 THOSE STANDARDS ALSO MEET THE STATE'S UNDERWRITING STANDARDS FOR  INLAND
 MARINE LINE OF INSURANCE.
   §  8107. REGULATIONS. THE SUPERINTENDENT MAY PROMULGATE REGULATIONS TO
 IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have become a law, provided, however, that if chapter 696 of the laws of
 2025  has  not  taken effect on or before such date then section five of
 this act shall take effect on the same date and in the  same  manner  as
 such chapter of the laws of 2025 takes effect.