S. 5304 2
8105. TRAVEL PROTECTION PLANS.
8106. SALES PRACTICES.
8107. TRAVEL ADMINISTRATORS.
8108. POLICY.
8109. REGULATIONS.
§ 8101. SCOPE AND PURPOSES. (A) THE PURPOSE OF THIS ACT 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 ACT SHALL APPLY TO TRAVEL INSURANCE THAT
COVERS ANY RESIDENT OF THIS STATE, AND IS SOLD, SOLICITED, NEGOTIATED,
OR OFFERED IN THIS STATE, AND POLICIES AND CERTIFICATES THAT ARE DELIV-
ERED OR ISSUED FOR DELIVERY IN THIS STATE. IT SHALL NOT APPLY TO CANCEL-
LATION 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
ACT SHALL SUPERSEDE ANY GENERAL PROVISIONS OF LAW THAT WOULD OTHERWISE
BE APPLICABLE TO TRAVEL INSURANCE.
§ 8102. DEFINITIONS.
(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
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;
S. 5304 3
(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 AND THE
STATE'S PREMIUM TAX PROVISIONS IN SECTION EIGHT THOUSAND ONE HUNDRED
FOUR OF THIS ARTICLE OF ONE OR MORE ASSOCIATIONS MEETING THE REQUIRE-
MENTS OF PARAGRAPH SEVEN OF THIS SUBSECTION;
(9) ANY ENTERTAINMENT PRODUCTION COMPANY COVERING ANY GROUP OF PARTIC-
IPANTS, VOLUNTEERS, AUDIENCE MEMBERS, CONTESTANTS, OR WORKERS;
(10) ANY VOLUNTEER FIRE DEPARTMENT, AMBULANCE, RESCUE, POLICE, COURT,
OR ANY FIRST AID, CIVIL DEFENSE, OR OTHER SUCH VOLUNTEER GROUP;
(11) PRESCHOOLS, DAYCARE INSTITUTIONS FOR CHILDREN OR ADULTS, AND
SENIOR CITIZEN CLUBS;
(12) ANY AUTOMOBILE OR TRUCK RENTAL OR LEASING COMPANY COVERING A
GROUP OF INDIVIDUALS WHO MAY BECOME RENTERS, LESSEES, OR PASSENGERS
DEFINED BY THEIR TRAVEL STATUS ON THE RENTED OR LEASED VEHICLES. THE
COMMON CARRIER, THE OPERATOR, OWNER OR LESSOR OF A MEANS OF TRANSPORTA-
TION, OR THE AUTOMOBILE OR TRUCK RENTAL OR LEASING COMPANY, IS THE POLI-
CYHOLDER UNDER A POLICY TO WHICH THIS SECTION APPLIES; OR
(13) 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) "LIMITED LINES TRAVEL INSURANCE PRODUCER" MEANS A:
(1) LICENSED MANAGING GENERAL AGENT OR THIRD-PARTY ADMINISTRATOR;
(2) LICENSED INSURANCE PRODUCER, INCLUDING A LIMITED LINES PRODUCER;
OR
(3) TRAVEL ADMINISTRATOR.
(I) "OFFER AND DISSEMINATE" MEANS PROVIDING GENERAL INFORMATION,
INCLUDING A DESCRIPTION OF THE COVERAGE AND PRICE, AS WELL AS PROCESSING
THE APPLICATION AND COLLECTING PREMIUMS.
(J) "PRIMARY CERTIFICATE HOLDER", SPECIFIC TO SECTION EIGHT THOUSAND
ONE HUNDRED FOUR OF THIS ARTICLE, MEANS AN INDIVIDUAL WHO ELECTS AND
PURCHASES TRAVEL INSURANCE UNDER A GROUP POLICY.
(K) "PRIMARY POLICYHOLDER", SPECIFIC TO SECTION EIGHT THOUSAND ONE
HUNDRED FOUR OF THIS ARTICLE, MEANS AN INDIVIDUAL WHO ELECTS AND
PURCHASES INDIVIDUAL TRAVEL INSURANCE.
(L) "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-
S. 5304 4
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 LIMITED LINES TRAVEL INSURANCE PRODUC-
ER 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
(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.
(M) "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.
(N) "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.
(O) "TRAVEL PROTECTION PLANS" MEANS PLANS THAT PROVIDE ONE OR MORE OF
THE FOLLOWING: TRAVEL INSURANCE, TRAVEL ASSISTANCE SERVICES, AND CANCEL-
LATION FEE WAIVERS.
(P) "TRAVEL RETAILER" MEANS A BUSINESS ENTITY THAT MAKES, ARRANGES OR
OFFERS PLANNED TRAVEL AND MAY OFFER AND DISSEMINATE TRAVEL INSURANCE AS
A SERVICE TO ITS CUSTOMERS ON BEHALF OF AND UNDER THE DIRECTION OF A
LIMITED LINES TRAVEL INSURANCE PRODUCER.
S. 5304 5
§ 8103. LICENSING AND REGISTRATION. (A) THE SUPERINTENDENT MAY
ISSUE A LIMITED LINES TRAVEL INSURANCE PRODUCER LICENSE TO AN INDIVIDUAL
OR BUSINESS ENTITY THAT HAS FILED WITH THE SUPERINTENDENT AN APPLICATION
FOR A LIMITED LINES TRAVEL INSURANCE PRODUCER LICENSE IN A FORM AND
MANNER PRESCRIBED BY THE SUPERINTENDENT. SUCH LIMITED LINES TRAVEL
INSURANCE PRODUCER SHALL BE LICENSED TO SELL, SOLICIT OR NEGOTIATE TRAV-
EL INSURANCE THROUGH A LICENSED INSURER. NO PERSON MAY ACT AS A LIMITED
LINES TRAVEL INSURANCE PRODUCER OR TRAVEL INSURANCE RETAILER UNLESS
PROPERLY LICENSED OR REGISTERED, RESPECTIVELY.
(B) A TRAVEL RETAILER MAY OFFER AND DISSEMINATE TRAVEL INSURANCE UNDER
A LIMITED LINES TRAVEL INSURANCE PRODUCER LICENSE ONLY IF THE FOLLOWING
CONDITIONS ARE MET:
(1) THE LIMITED LINES TRAVEL INSURANCE PRODUCER OR TRAVEL RETAILER
PROVIDES TO PURCHASERS OF TRAVEL INSURANCE:
(A) A DESCRIPTION OF THE MATERIAL TERMS OR THE ACTUAL MATERIAL TERMS
OF THE INSURANCE COVERAGE;
(B) A DESCRIPTION OF THE PROCESS FOR FILING A CLAIM;
(C) A DESCRIPTION OF THE REVIEW OR CANCELLATION PROCESS FOR THE TRAVEL
INSURANCE POLICY; AND
(D) THE IDENTITY AND CONTACT INFORMATION OF THE INSURER AND LIMITED
LINES TRAVEL INSURANCE PRODUCER.
(2) AT THE TIME OF LICENSURE, THE LIMITED LINES TRAVEL INSURANCE
PRODUCER SHALL ESTABLISH AND MAINTAIN A REGISTER, ON A FORM PRESCRIBED
BY THE SUPERINTENDENT, OF EACH TRAVEL RETAILER THAT OFFERS TRAVEL INSUR-
ANCE ON THE LIMITED LINES TRAVEL INSURANCE PRODUCER'S BEHALF. THE REGIS-
TER SHALL BE MAINTAINED AND UPDATED BY THE LIMITED LINES TRAVEL INSUR-
ANCE PRODUCER 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 LIMITED LINES TRAVEL INSURANCE
PRODUCER SHALL SUBMIT SUCH REGISTER TO THE DEPARTMENT UPON REASONABLE
REQUEST. THE LIMITED LINES TRAVEL INSURANCE PRODUCER 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 INSURANCE PRODUCERS UNDER ARTICLE TWENTY-ONE OF THIS CHAPTER,
SHALL BE APPLICABLE TO LIMITED LINES TRAVEL INSURANCE PRODUCERS AND
TRAVEL RETAILERS.
(3) THE LIMITED LINES TRAVEL INSURANCE PRODUCER HAS DESIGNATED ONE OF
ITS EMPLOYEES WHO IS A LICENSED INDIVIDUAL PRODUCER AS THE PERSON (A
"DESIGNATED RESPONSIBLE PRODUCER" OR "DRP") RESPONSIBLE FOR THE COMPLI-
ANCE WITH THE TRAVEL INSURANCE LAWS AND REGULATIONS APPLICABLE TO THE
LIMITED LINES TRAVEL INSURANCE PRODUCER AND ITS REGISTRANTS.
(4) THE DRP, PRESIDENT, SECRETARY, TREASURER, AND ANY OTHER OFFICER OR
PERSON WHO DIRECTS OR CONTROLS THE LIMITED LINES TRAVEL INSURANCE
PRODUCER'S INSURANCE OPERATIONS COMPLIES WITH THE FINGERPRINTING
REQUIREMENTS APPLICABLE TO INSURANCE PRODUCERS IN THE RESIDENT STATE OF
THE LIMITED LINES TRAVEL INSURANCE PRODUCER.
(5) THE LIMITED LINES TRAVEL INSURANCE PRODUCER HAS PAID ALL APPLICA-
BLE LICENSING FEES AS SET FORTH IN APPLICABLE STATE LAW.
(6) THE LIMITED LINES TRAVEL INSURANCE PRODUCER REQUIRES EACH EMPLOYEE
AND AUTHORIZED REPRESENTATIVE OF THE TRAVEL RETAILER 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
S. 5304 6
OFFERED, ETHICAL SALES PRACTICES, AND REQUIRED DISCLOSURES TO PROSPEC-
TIVE CUSTOMERS.
(C) ANY TRAVEL RETAILER OFFERING OR DISSEMINATING TRAVEL INSURANCE
SHALL MAKE AVAILABLE TO PROSPECTIVE PURCHASERS BROCHURES OR OTHER WRIT-
TEN MATERIALS THAT HAVE BEEN APPROVED BY THE TRAVEL INSURER. SUCH MATE-
RIALS SHALL INCLUDE INFORMATION WHICH, AT A MINIMUM:
(1) PROVIDES THE IDENTITY AND CONTACT INFORMATION OF THE INSURER AND
THE LIMITED LINES TRAVEL INSURANCE PRODUCER;
(2) EXPLAINS THAT THE PURCHASE OF TRAVEL INSURANCE IS NOT REQUIRED IN
ORDER TO PURCHASE ANY OTHER PRODUCT OR SERVICE FROM THE TRAVEL RETAILER;
AND
(3) 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.
(D) A TRAVEL RETAILER EMPLOYEE OR AUTHORIZED REPRESENTATIVE, WHO IS
NOT LICENSED AS AN INSURANCE PRODUCER MAY NOT:
(1) EVALUATE OR INTERPRET THE TECHNICAL TERMS, BENEFITS, AND CONDI-
TIONS OF THE OFFERED TRAVEL INSURANCE COVERAGE;
(2) EVALUATE OR PROVIDE ADVICE CONCERNING A PROSPECTIVE PURCHASER'S
EXISTING INSURANCE COVERAGE; OR
(3) HOLD THEMSELF OR ITSELF OUT AS A LICENSED INSURER, LICENSED
PRODUCER, OR INSURANCE EXPERT.
(E) 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 LIMITED LINES
TRAVEL INSURANCE PRODUCER MEETING THE CONDITIONS STATED IN THIS ACT, IS
AUTHORIZED TO RECEIVE RELATED COMPENSATION, UPON REGISTRATION BY THE
LIMITED LINES TRAVEL INSURANCE PRODUCER AS DESCRIBED IN PARAGRAPH TWO OF
SUBSECTION (B) OF THIS SECTION.
(F) AS THE INSURER'S DESIGNEE, THE LIMITED LINES TRAVEL INSURANCE
PRODUCER IS RESPONSIBLE FOR THE ACTS OF THE TRAVEL RETAILER AND SHALL
USE REASONABLE MEANS TO ENSURE COMPLIANCE BY THE TRAVEL RETAILER WITH
THIS ACT.
(G) ANY PERSON LICENSED IN A MAJOR LINE OF AUTHORITY AS AN INSURANCE
PRODUCER IS AUTHORIZED TO SELL, SOLICIT AND NEGOTIATE TRAVEL INSURANCE.
A PROPERTY AND CASUALTY INSURANCE PRODUCER IS NOT REQUIRED TO BECOME
APPOINTED BY AN INSURER IN ORDER TO SELL, SOLICIT, OR NEGOTIATE TRAVEL
INSURANCE.
§ 8104. PREMIUM TAX. (A) A TRAVEL INSURER SHALL PAY PREMIUM TAX, AS
PROVIDED IN SECTION FIFTEEN HUNDRED ONE OF THE TAX LAW, ON TRAVEL INSUR-
ANCE PREMIUMS PAID BY ANY OF THE FOLLOWING:
(1) AN INDIVIDUAL PRIMARY POLICYHOLDER WHO IS A RESIDENT OF THIS
STATE;
(2) A PRIMARY CERTIFICATE-HOLDER WHO IS A RESIDENT OF THIS STATE WHO
ELECTS COVERAGE UNDER A GROUP TRAVEL INSURANCE POLICY; OR
(3) A BLANKET TRAVEL INSURANCE POLICYHOLDER THAT IS A RESIDENT IN, OR
HAS ITS PRINCIPAL PLACE OF BUSINESS OR THE PRINCIPAL PLACE OF BUSINESS
OF AN AFFILIATE OR SUBSIDIARY THAT HAS PURCHASED BLANKET TRAVEL INSUR-
ANCE IN THIS STATE FOR ELIGIBLE BLANKET GROUP MEMBERS, SUBJECT TO ANY
APPORTIONMENT RULES WHICH APPLY TO THE INSURER ACROSS MULTIPLE TAXING
JURISDICTIONS OR THAT PERMIT THE INSURER TO ALLOCATE PREMIUM ON AN
S. 5304 7
APPORTIONED BASIS IN A REASONABLE AND EQUITABLE MANNER IN THOSE JURIS-
DICTIONS.
(B) A TRAVEL INSURER SHALL:
(1) DOCUMENT THE STATE OF RESIDENCE OR PRINCIPAL PLACE OF BUSINESS OF
THE POLICYHOLDER OR CERTIFICATE-HOLDER, AS REQUIRED IN SUBSECTION (A) OF
THIS SECTION; AND
(2) REPORT AS PREMIUM ONLY THE AMOUNT ALLOCABLE TO TRAVEL INSURANCE
AND NOT ANY AMOUNTS RECEIVED FOR TRAVEL ASSISTANCE SERVICES OR CANCELLA-
TION FEE WAIVERS.
§ 8105. 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.
§ 8106. 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
TRAVEL INSURANCE, INCLUDING BUT NOT LIMITED TO SALES MATERIALS, ADVER-
TISING MATERIALS, AND MARKETING MATERIALS, SHALL BE CONSISTENT WITH THE
TRAVEL INSURANCE POLICY ITSELF, INCLUDING BUT NOT LIMITED TO, FORMS,
ENDORSEMENTS, POLICIES, RATE FILINGS, AND CERTIFICATES OF INSURANCE.
(2) FOR TRAVEL INSURANCE POLICIES OR CERTIFICATES THAT CONTAIN PRE-
EXISTING 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) THE FULFILLMENT MATERIALS AND THE INFORMATION DESCRIBED IN
SUBPARAGRAPHS (A) THROUGH (D) OF PARAGRAPH ONE OF SUBSECTION (B) OF
SECTION EIGHT THOUSAND ONE HUNDRED THREE OF THIS CHAPTER SHALL BE
PROVIDED TO A POLICYHOLDER OR CERTIFICATE HOLDER AS SOON AS PRACTICABLE,
FOLLOWING THE PURCHASE OF A TRAVEL PROTECTION PLAN. 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 TRAVEL PROTECTION PLAN
PRICE FROM THE DATE OF PURCHASE OF A TRAVEL PROTECTION PLAN UNTIL AT
LEAST:
S. 5304 8
(A) FIFTEEN DAYS FOLLOWING THE DATE OF DELIVERY OF THE TRAVEL
PROTECTION PLAN'S FULFILLMENT MATERIALS BY POSTAL MAIL; OR
(B) 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
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 LIMITED LINES TRAVEL INSURANCE PRODUCER
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.
§ 8107. 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) HOLDS A VALID MANAGING GENERAL AGENT LICENSE IN THIS STATE; OR
(3) HOLDS A VALID THIRD-PARTY ADMINISTRATOR LICENSE 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.
§ 8108. POLICY. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
CHAPTER, 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
S. 5304 9
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.
§ 8109. REGULATIONS. THE SUPERINTENDENT MAY PROMULGATE REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
§ 6. This act shall take effect on the ninetieth day after it shall
have become a law.
