Chapter 315

2013 -- H 5453 SUBSTITUTE A

Enacted 07/15/13

 

A N A C T

RELATING TO INSURANCE

          

     Introduced By: Representatives Kennedy, San Bento, Valencia, Naughton, and O`Grady

     Date Introduced: February 14, 2013

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Title 27 of the General Laws entitled "INSURANCE" is hereby amended

by adding thereto the following chapter:

 

CHAPTER 79

LIMITED LINES TRAVEL INSURANCE ACT

 

     27-79-1. Short title. -- This act shall be known and may be cited as the "Limited Lines

Travel Insurance Model Act."

 

     27-79-2. Definitions. -- As used in this chapter, the following terms shall mean:

     (1) "Limited Lines Travel Insurance Producer" means a licensed insurance producer

designated by an insurer as the travel insurance supervising producer as set forth in section 27-77-

6 below.

     (2) "Offer and disseminate" means providing general information, including a description

of the coverage and price, as well as processing the application, collecting premiums, and

performing other non-licensable activities permitted by the state.

     (3) "Travel Insurance" means insurance coverage for personal risks incident to planned

travel, including but not limited to:

     (i) Interruption or cancellation of trip or event;

     (ii) Loss of baggage or personal effects;

     (iii) Damages to accommodations or rental vehicles; or

     (iv) Sickness, accident, disability or death occurring during travel.

     Travel insurance does not include major medical plans, which provide comprehensive

medical protection for travelers with trips lasting six (6) months or longer, including for example,

those working overseas as an ex-patriot or military personnel being deployed.

     (4) "Travel Retailer" means a business entity that makes, arranges or offers travel

services 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.

 

     27-79-3. Requirements. -- (a) A travel retailer may offer and disseminate travel

insurance only if the limited lines travel insurance producer complies with the following:

     (1) The limited lines travel insurance producer or travel retailer provides to purchasers 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 limited lines travel insurance

producer.

     (2) At the time of licensure, the limited lines travel insurance producer shall establish and

maintain a register of each travel retailer that offers travel insurance on the limited lines travel

insurance producer's behalf. The register shall be maintained and updated by the limited lines

travel insurance 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 employment identification number. The limited lines travel insurance

producer shall submit such register to the state insurance department upon reasonable request.

The limited lines travel insurance producer shall also certify that the travel retailer registered

complies with applicable federal law.

     (3) The limited lines travel insurance producer is responsible for compliance with the

travel insurance laws, rules and regulations of the state.

     (4) The limited lines travel insurance producer has paid all applicable insurance producer

licensing fees.

     (5) The limited lines travel insurance producer requires each employee of the travel

retailer whose duties include offering and disseminating travel insurance to receive a program of

instruction or training, which may be subject to review by the commissioner. The training

material shall, at a minimum, contain instructions on the types of insurance offered, ethical sales

practices, and required disclosures to prospective customers.

     (b) Any travel retailer offering or disseminating travel insurance shall make available to

prospective purchasers brochures or other written materials that:

     (1) Provide the identity and contact information of the insurer and the limited lines travel

insurance producer;

     (2) Explain that the purchase of travel insurance is not required in order to purchase any

other product or service from the travel retailer; and

     (3) Explain that an unlicensed travel retailer is permitted to provide general information

about the insurance offered by the travel insurance producer or insurer, 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;

     (c) A travel retailer who is not licensed as an insurance producer may not:

     (1) Evaluate or interpret the technical terms, benefits, and conditions of the offered travel

insurance coverage;

     (2) Evaluate or provide advice concerning a prospective purchaser's existing insurance

coverage; or

     (3) Hold himself/herself or itself out as a licensed insurer, licensed producer, or insurance

expert.

 

     27-79-4. Compensation. -- A travel retailer whose insurance-related activities, and those

of its employees, 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

chapter, is authorized to do so and receive related compensation.

 

     27-79-5. Policy. -- Travel insurance may be provided under an individual policy or under

a group or master policy.

 

     27-79-6. Responsibility. -- As the insurer 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 chapter.

 

     27-79-7. Enforcement. -- The limited lines travel insurance producer and any travel

retailer offering and disseminating travel insurance under the limited lines travel insurance

producer license shall be subject to the penalties for violations of this chapter pursuant to section

42-14-16.

     

     SECTION 2. This act shall take effect ninety (90) days after enactment.

     

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LC01161/SUB A

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