In this chapter, unless the context otherwise requires:
1. "Aggregator site" means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping.
2. "Blanket travel insurance" means a policy of travel insurance that is issued to any eligible group and that provides 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.
3. "Cancellation fee waiver":
(a) Means a contractual agreement between a supplier of travel services and its customer to waive some or all of the nonrefundable cancellation fee provisions of the supplier's underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement.
(b) Does not mean insurance.
4. "Eligible group", solely for the purposes of travel insurance:
(a) Means two or more persons who are engaged in a common enterprise or who have an economic, educational or social affinity or relationship.
(b) Includes any of the following:
(i) An entity that is engaged in the business of providing travel or travel services, including tour operators, lodging providers, 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 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 have a common exposure to risk attendant to that travel.
(ii) Any college, school or other institution of learning covering students, teachers, employees or volunteers.
(iii) Any employer covering any group of employees, volunteers, contractors, board of directors, dependents or guests.
(iv) Any sports team or camp or any sponsor of a sports team or camp covering participants, members, campers, employees, officials, supervisors or volunteers.
(v) Any religious, charitable, recreational, educational or civic organization or any branch of that organization covering any group of members, participants or volunteers.
(vi) Any financial institution, financial institution vendor or parent holding company, trustee or agent of or designated by one or more financial institutions or financial institution vendors, including account holders, credit card holders, debtors, guarantors or purchasers.
(vii) Any incorporated or unincorporated association, including a labor union, that has a common interest, constitution and bylaws and that is organized and maintained in good faith for purposes other than obtaining insurance for members or participants of that association covering its members.
(viii) Any trust or the trustees of a fund established, created or maintained for the benefit of and covering members, employees or customers, subject to the director allowing the use of a trust and the state's premium tax provisions in section 20-3554 of one or more associations described in item (vii) of this subdivision.
(ix) Any entertainment production company covering any group of participants, volunteers, audience members, contestants or workers.
(x) Any volunteer fire department, ambulance, rescue, police, court, first aid or civil defense group or another similar volunteer group.
(xi) Any preschool, day care institution for children or adults and senior citizen club.
(xii) 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 and in which the common carrier, the operator, owner or lessor of a means of transportation or the automobile or truck rental or leasing company is the policyholder under a policy to which this chapter applies.
(xiii) Any other group for which the director determines that the members are engaged in a common enterprise, or have an economic, educational or social affinity or relationship, and that issuance of the policy would not be contrary to the public interest.
5. "Fulfillment materials" means documentation that is sent to the purchaser of a travel protection plan and that confirms the purchase and provides the travel protection plan's coverage and assistance details.
6. "Group travel insurance" means travel insurance that is issued to any eligible group.
7. "Limited lines travel insurance producer" means any of the following:
(a) A licensed managing general agent or third-party administrator.
(b) A licensed insurance producer, including a limited lines producer.
(c) A travel Administrator.
8. "Offer and disseminate" means providing general information, including a description of the coverage and price, processing an application and collecting premiums.
9. "Travel administrator":
(a) 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.
(b) Does not include a person whose only actions that would otherwise cause the person to be considered a travel administrator include the following:
(i) Working for a travel administrator to the extent that the person's activities are subject to the supervision and control of the travel administrator.
(ii) Selling insurance or engaging in administrative and claims-related activities as an insurance producer within the scope of the producer's license.
(iii) Offering and disseminating travel insurance as a travel retailer while registered under the license of a limited lines travel insurance producer in accordance with this chapter.
(iv) Adjusting or settling claims in the normal course of practice or employment as an attorney-at-law without collecting charges or premiums in connection with insurance coverage.
(v) Being a business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of the affiliated insurer.
10. "Travel assistance services":
(a) Means noninsurance services for which the consumer is not indemnified based on a fortuitous event and where providing the service does not result in a transfer or shifting of risk that would constitute the business of insurance.
(b) Includes:
(i) Security advisories.
(ii) Destination information.
(iii) Vaccination and immunization information services.
(iv) Travel reservation services.
(v) Entertainment.
(vi) Activity and event planning.
(vii) Translation assistance.
(viii) Emergency messaging.
(ix) International legal and medical referrals.
(x) Medical case monitoring.
(xi) Coordinating transportation arrangements.
(xii) Emergency cash transfer assistance.
(xiii) Medical prescription replacement assistance.
(xiv) Passport and travel document replacement assistance.
(xv) Lost luggage assistance.
(xvi) Concierge services.
(xvii) Any other service that is provided in connection with planned travel.
(c) Does not mean insurance and is not related to insurance.
11. "Travel insurance":
(a) Means insurance coverage for personal risks incident to planned travel, including:
(i) Interruption or cancellation of a trip or event.
(ii) Loss of baggage or personal effects.
(iii) Damages to accommodations or rental vehicles.
(iv) Sickness, accident, disability or death occurring during travel.
(v) Emergency evacuation.
(vi) Repatriation of remains.
(vii) Any other contractual obligations to indemnify or pay a specified amount to a traveler on determinable contingencies related to travel as approved by the director.
(b) Does not include major medical plans that provide comprehensive medical protection for travelers with trips lasting longer than six months, such as those working or residing overseas as an expatriate, or any other product that requires a specific insurance producer license.
(c) Does not include a prearranged funeral agreement by a funeral service provider.
12. "Travel protection plans" means plans that provide one or more of the following:
(a) Travel insurance.
(b) Travel assistance services.
(c) Cancellation fee waivers.
13. "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.