Legislation

Search OpenLegislation Statutes

This entry was published on 2020-04-10
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 3452
Group property travel insurance policies
Insurance (ISC) CHAPTER 28, ARTICLE 34
§ 3452. Group property travel insurance policies. (a)(1) A group
property travel insurance policy, and certificates thereunder, may be
issued or delivered in this state only in accordance with the provisions
of this section.

(2) A group property travel insurance policy, and certificates
thereunder, may be issued only by an authorized insurer.

(3) The policy may be issued to:

(A) any railroad company, steamship company, carrier by air, public
bus carrier, or other common carrier of passengers, which shall be
deemed the policyholder, where the policy insures its passengers;

(B) an institution of higher education as provided in paragraph two of
subsection (a) of section three thousand two hundred forty of this
chapter; or

(C) any other group where the superintendent has determined in a
regulation that the members are engaged in a common enterprise, or have
an economic or social affinity or relationship, and that the issuance of
the policy would not be contrary to the best interests of the public.

(4) (A) Except as provided in subparagraph (B) of paragraph one of
subsection (a) of section three thousand two hundred forty of this
chapter, the policy may provide coverage for trip cancellation, trip
interruption, baggage, and personal effects when limited to a specific
trip. The policy shall be sold in connection with transportation
provided by the common carrier or, with respect to other groups as
permitted by the superintendent in accordance with subparagraph (C) of
paragraph three of this subsection, subject to such limitations provided
in the regulation promulgated by the superintendent.

(B) A policy issued to an institution of higher education shall comply
with clause (V) of item (iv) of subparagraph (B) of paragraph one of
subsection (a) of section three thousand two hundred forty of this
chapter.

(5) Coverage under the policy shall be limited to the group member's
risks with respect to a particular trip, except a policy issued to an
institution of higher education shall comply with item (iv) of
subparagraph (B) of paragraph one of subsection (a) of section three
thousand two hundred forty of this chapter.

(6) A person shall not be required to purchase any product or service
to be eligible for group property travel insurance coverage, or required
to purchase coverage as a condition of becoming a passenger or a group
member.

(b) An insurer shall treat in a like manner all eligible group members
of the same class.

(c) A group travel insurance policy or certificate issued thereunder,
shall not be subject to section three thousand four hundred twenty-five
or section three thousand four hundred twenty-six of this article. The
following requirements shall apply with regard to cancellation,
nonrenewal, or conditional renewal of coverage:

(1) Unless the group policy provides for a longer policy period, the
policy shall be issued or renewed for a one-year policy period, except a
policy issued to an institution of higher education shall be issued or
renewed for a period consistent with item (iv) of subparagraph (B) of
paragraph one of subsection (a) of section three thousand two hundred
forty of this chapter.

(2) An insurer may cancel a group policy, only if cancellation is
based upon one or more of the reasons set forth in paragraph one of
subsection (c) of section three thousand four hundred twenty-six of this
article, provided, however, that an act or omission by a group member
shall not constitute the basis for cancellation of the policy.

(3) An insurer's cancellation, nonrenewal, or conditional renewal of a
group policy shall not become effective until at least sixty days after
the insurer mails or delivers written notice of the cancellation,
nonrenewal, or conditional renewal to the group policyholder at the
mailing address shown in the policy. For purposes of this section, the
term "conditional renewal" shall mean a renewal that is conditioned upon
change of limits, change in type of coverage, reduction or elimination
of coverage, increased deductible or addition of exclusion, or an
increase in premiums in excess of ten percent per group member.

(4) Every notice of cancellation, nonrenewal, or conditional renewal
shall set forth the specific reason or reasons for cancellation,
nonrenewal, or conditional renewal.

(5) A group policyholder may cancel the group policy for any reason
upon thirty days written notice to the insurer.

(6) Any certificate in effect when the group policy is cancelled,
nonrenewed or otherwise terminated shall continue to be in effect for
the period of coverage specified in the certificate.

(7) (A) An insurer may terminate a certificate upon fifteen days
notice for:

(i) nonpayment of premium; or

(ii) discovery of fraud or material misrepresentation in obtaining the
certificate or in the presentation of a claim thereunder.

(B) The coverage shall terminate as provided in the certificate, which
shall in no event be later than the conclusion of the trip, except
coverage under a policy issued to an institution of higher education as
provided in item (iv) of subparagraph (B) of paragraph one of subsection
(a) of section three thousand two hundred forty of this chapter shall
terminate in accordance with the provisions of that section.

(d) The superintendent may promulgate regulations pertaining to group
property travel insurance, including regulations regarding: payments of
dividends or retrospective premium refunds; minimum provisions; minimum
number of group members; and other reasonable limitations.