As used in this part 19, 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 travel insurance that:
(a) Is issued to an eligible group; and
(b) Provides coverage for specific classes of persons defined in the policy
with coverage provided to all members of the eligible group without requiring
individual members of the eligible group to pay a charge.
(3) Cancellation fee waiver 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. A cancellation fee waiver is not insurance.
(4) Eligible group means, solely for the purposes of travel insurance, a
group of two or more persons who are engaged in a common enterprise, or have an
economic, educational, or social affinity or relationship, including any of the
following:
(a) An entity engaged in the business of providing travel or travel services,
including tour operators, lodging providers, vacation property owners, hotels,
resorts, travel clubs, travel agencies, property managers, cultural exchange
programs, and common carriers, as defined in section 40-1-102 (3), or other
operator, owner, or lessor of a means of transportation of passengers, including
airlines, cruise lines, railroads, steamship companies, and public bus carriers, in
which, 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 risks attendant to such
travel;
(b) A college, school, or other institution of learning covering students,
teachers, employees, or volunteers;
(c) An employer covering any group of employees, volunteers, contractors,
board of directors, dependents, or guests;
(d) A sports team, camp, or sponsor of a sports team covering participants,
members, campers, employees, officials, supervisors, or volunteers;
(e) A religious, charitable, recreational, educational, or civic organization or
branch of the organization covering any group of members, participants, or
volunteers;
(f) A financial institution or financial institution vendor, or a 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;
(g) An incorporated or unincorporated association, including a labor union,
that has a common interest, constitution, and bylaws and is organized and
maintained in good faith for purposes other than obtaining insurance for members
or participants of such association covering its members;
(h) Subject to the commissioner's permitting the use of a trust and the
state's premium tax provisions in section 10-4-1904, a trust or the trustees of a fund
that is established, created, or maintained for the benefit of and covering members,
employees, or customers of one or more associations meeting the requirements of
subsection (4)(g) of this section;
(i) An entertainment production company covering any group of participants,
volunteers, audience members, contestants, or workers;
(j) A volunteer fire department, ambulance, rescue, police, court, or any first
aid, civil defense, or other similar volunteer group;
(k) A preschool, day care, or other care institution for children, adults, or
senior citizens;
(l) An automobile or truck rental or leasing company covering a group of
individuals who may become renters, lessees, or passengers, as defined by their
travel status on the rented or leased vehicles; except that the policyholder is the
common carrier; the operator, owner, or lessor of a means of transportation; or the
automobile or truck rental or leasing company; or
(m) Any other group members that are engaged in a common enterprise or
have an economic, educational, or social affinity or relationship and to which
issuance of a travel insurance policy would not be contrary to the public interest, as
determined by the commissioner.
(5) Fulfillment materials means documents sent to the purchaser of a
travel protection plan confirming the purchase and providing the travel protection
plan's coverage and assistance details.
(6) Group travel insurance means travel insurance issued to any eligible
group.
(7) Limited lines travel insurance producer has the meaning set forth in
section 10-2-414.5 (1)(a).
(8) Offer and disseminate has the meaning set forth in section 10-2-414.5
(1)(b).
(9) Primary certificate holder means a person that elects and purchases
travel insurance under a group travel insurance policy.
(10) Primary policyholder means an individual who elects and purchases
individual travel insurance.
(11) Travel administrator means a person who directly or indirectly
underwrites; collects charges, collateral, or premiums from; or adjusts or settles
claims of Colorado residents in connection with travel insurance. The following
persons are not considered travel administrators so long as they function only as
follows:
(a) 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;
(b) An insurance producer selling insurance or engaged in administrative and
claims-related activities within the scope of the producer's license;
(c) A travel retailer offering and disseminating travel insurance and
registered under the license of a limited lines travel insurance producer in
accordance with section 10-2-414.5;
(d) An individual adjusting or settling claims in the normal course of the
individual's practice or employment as an attorney and who does not collect
charges or premiums in connection with insurance coverage; or
(e) 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.
(12) (a) Travel assistance services means noninsurance services for which
the consumer is not indemnified based on a fortuitous event and where the
provision of the service does not result in the transfer or shifting of risk that would
constitute the business of insurance.
(b) Travel assistance services includes security advisories, destination
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 transportation 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.
(c) Travel assistance services is not insurance and is not related to
insurance.
(13) Travel insurance has the meaning set forth in section 10-2-414.5 (1)(c).
(14) Travel protection plan means a plan that provides one or more of the
following: Travel insurance, travel assistance services, and cancellation fee waivers.
(15) Travel retailer has the meaning set forth in section 10-2-414.5 (1)(d).