(1)Any person offering travel
insurance to residents of this state is subject to part 11 of article 3 of this title 10,
except as otherwise provided in this section. In the event of a conflict between this
part 19 and other provisions of this title 10 regarding the sale and marketing of
travel insurance and travel protection plans, the provisions of this part 19 control.
(2)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 or deceptive
practice pursuant to section 10-3-1104.
(3)(a) All documents provided to consumers prior to the purchase of travel
insurance, including but not limited to sales materials, advertising materials, and
marketing materials, must be consistent with the travel i
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(1) Any person offering travel
insurance to residents of this state is subject to part 11 of article 3 of this title 10,
except as otherwise provided in this section. In the event of a conflict between this
part 19 and other provisions of this title 10 regarding the sale and marketing of
travel insurance and travel protection plans, the provisions of this part 19 control.
(2) 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 or deceptive
practice pursuant to section 10-3-1104.
(3) (a) All documents provided to consumers prior to the purchase of travel
insurance, including but not limited to sales materials, advertising materials, and
marketing materials, must be consistent with the travel insurance policy itself,
including but not limited to forms, endorsements, policies, rate filings, and
certificates of insurance.
(b) For travel insurance policies or certificates that contain preexisting
condition exclusions, the person offering the policy or certificate shall provide
information and an opportunity to learn more about the preexisting condition
exclusions at any time prior to the time of purchase and in the coverage's
fulfillment materials.
(c) (I) As used in this subsection (3)(c), delivery means handing fulfillment
materials to the policyholder or certificate holder or sending fulfillment materials
by mail or electronic means to the policyholder or certificate holder.
(II) The fulfillment materials and the information described in section 10-2-414.5 (2)(b)(I) to (2)(b)(IV) shall be provided to a policyholder or certificate holder as
soon as practicable following the purchase of a travel protection plan.
(III) 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) Fifteen days following the date of delivery of the travel protection plan's
fulfillment materials by mail; or
(B) Ten days following the date of delivery of the travel protection plan's
fulfillment materials by means other than mail.
(d) An insurer shall disclose in the policy documentation and fulfillment
materials whether the travel insurance is primary or secondary to other applicable
coverage.
(e) When travel insurance is marketed directly to a consumer through an
insurer's website or by others through an aggregator site, it is not an unfair or
deceptive practice or other violation of law when an accurate 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.
(4) A person offering, soliciting, or negotiating travel insurance or travel
protection plans on an individual or group basis shall not do so by using negative
option or opt out, which would require a consumer to take an affirmative action to
deselect coverage, such as unchecking a box on an electronic form, when the
consumer purchases a trip.
(5) It is an unfair or deceptive practice pursuant to section 10-3-1104 to
market blanket travel insurance coverage as free.
(6) Where a consumer's destination jurisdiction requires insurance coverage,
it is not an unfair or deceptive practice to require that a consumer choose between
the following options as a condition of purchasing a trip or travel package:
(a) 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
(b) Agreeing to obtain and provide proof of coverage that meets the
destination jurisdiction's requirements prior to departure.