§ 27-64-7 — Applicability of Trade Practices Law; Unfair Trade Practices

(a) All persons offering travel insurance to residents of this state are subject to the provisions of Chapter 12, except as otherwise provided in this section. In the event of a conflict between this section and other provisions of this title regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this chapter shall control.
(b) 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 Chapter 12.
(c)(1) All documents provided to customers prior to the purchase of travel 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, endorsements, policies, rate filings, and certificates of insurance.
(2) For travel insurance policies or certificates that contain preexisting condition exclusions, information and an opportunity to learn more about the preexisting condition exclusions shall be provided any time prior to the time of purchase, and in the coverage’s fulfillment materials.
(3)a. The fulfillment materials and the information described in paragraphs a. through d. of Section 27-64-4(d)(1) 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:
1. Fifteen days following the date of delivery of the travel protection plan’s fulfillment materials by postal mail; or
2. Ten days following the date of delivery of the travel protection plan’s fulfillment materials by means other than postal mail.
b. For purposes of this subsection, delivery means handing fulfillment materials to the policyholder or certificate holder or sending fulfillment materials by postal mail or electronic means to the policyholder or certificate holder.
(4) A travel insurer 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 customer 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 accurate summary or short description of coverage is provided on the website, so long as the customer has access to the full provisions of the policy through electronic means.
(d) 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 customer to take an affirmative action to deselect coverage, such as unchecking a box on an electronic form, when the customer purchases a trip.
(e) It shall be an unfair trade practice to market blanket travel insurance coverage as free.
(f) Where a customer’s destination jurisdiction requires insurance coverage, it shall not be an unfair trade practice to require that a customer choose between the following options as a condition of purchasing 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.
(2) Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction’s requirements prior to departure.

Legislative History

(Act 2022-152, §1.)