S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5883
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred 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
   limited lines travel insurance producers and travel retailers, and the
   sale and marketing 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. Subsection (a) of section 1113 of the insurance law is amended by
 adding a new paragraph 35 to read as follows:
   (35) "TRAVEL INSURANCE," MEANS THE  KIND  OF  INSURANCE  SPECIFIED  IN
 SECTION EIGHT THOUSAND ONE HUNDRED TWO OF THIS CHAPTER.
   §  3.  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.
   §  4.  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
 TRAVEL  INSURANCE  POLICY WRITTEN PURSUANT TO ARTICLE EIGHTY-ONE OF THIS
 CHAPTER.
   § 5.  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. LICENSING AND REGISTRATION.
         8104. PREMIUM TAX.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08574-02-3
              

 A. 5883                             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;
 A. 5883                             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-
 A. 5883                             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.
 A. 5883                             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
 A. 5883                             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 HIMSELF OR ITSELF OUT AS A LICENSED INSURER, LICENSED PRODUC-
 ER, 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
 A. 5883                             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:
 A. 5883                             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
 A. 5883                             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.