§ 33-23-12 — Limited licenses

Georgia § 33-23-12

• Jurisdiction: Georgia
• Title: 33

Text

(a) Except as provided in subsection (b) of this Code section for credit insurance licenses, subsection (b.1) of this Code section, subsection (c) of this Code section for rental companies, subsection (d) of this Code section for portable electronics, and subsection (f) of this Code section for travel insurance, the Commissioner may provide by rule or regulation for licenses which are limited in scope to specific lines or sublines of insurance. (b) (1) Licenses shall be issued to individuals for the purpose of writing credit insurance as provided in this subsection. (2) Resident applicants must be sponsored by an insurer authorized to write credit insurance in this state, and the applicant must certify that he or she has read and understands the provisions of this title and regulations promulgated pursuant to this title which are pertinent to credit insurance in this state. (3) Nonresident applicants must follow the appointment process set forth in subsection (g) of Code Section 33-23-16 . (4) No prelicensing education or prelicensing examination shall be required for issuance of such license, and the insurer shall certify that the licensee has completed a minimum of five hours of self-study in credit insurance subjects. (5) The lines or sublines of insurance included in the scope of authority of credit insurance licenses issued under this Code section shall include, but not be limited to, the following: (A) Credit life and credit accident and sickness insurance; (B) Credit casualty insurance; (C) Credit property insurance; (D) Credit unemployment insurance; (E) Accidental death and dismemberment insurance; (F) Nonfiling or nonrecording insurance; (G) Vendors' single interest insurance; and (H) Any other lines or sublines of insurance which may become accepted as credit insurance by the insurance and lending industries unless otherwise disapproved by the Commissioner. (b.1) (1) In lieu of requiring individual employees to obtain a limited credit insurance license pursuant to the provisions of subsection (b) of this Code section, any business entity that sells, solicits, or negotiates the lines or sublines of credit insurance pursuant to paragraph (5) of subsection (b) of this Code section may make application to the Commissioner for a limited credit insurance agency license so long as: (A) The entity examines the character and fitness of each of its employees that sell, solicit, or negotiate credit insurance on its behalf to the satisfaction of the Commissioner, including but not limited to performing criminal background checks; (B) The entity provides at least five hours of training in minimum basic insurance concepts and credit insurance subjects to its employees who sell, solicit, or negotiate credit insurance on its behalf prior to allowing these employees to sell, solicit, or negotiate such insurance. The Commissioner shall approve materials for this training course in a manner provided for by rules and regulations. The entity shall maintain records of compliance with this subparagraph and shall submit such records upon the Commissioner's request; (C) The entity provides at least two hours of annual continuing education courses taught by such entity or an insurer to its employees who sell, solicit, or negotiate credit insurance on its behalf. The Commissioner shall approve materials for this training course by rules and regulations. Such entity shall maintain records of compliance with this subparagraph and shall submit such records upon the request of the Commissioner; (D) The entity submits to the Commissioner along with its application for licensure a list of employees who sell, solicit, or negotiate credit insurance on behalf of the entity in a manner prescribed by the Commissioner. Such entity shall update such employee list in a manner prescribed by the Commissioner; and (E) The entity submits to the Commissioner with its application for licensure a list of all physical locations where its employees sell, solicit, or negotiate credit insurance on its behalf. The entity shall update such list in a manner prescribed by the Commissioner. (2) The entity shall make application to the Commissioner for a limited credit insurance agency license in such form or forms and providing such information as the Commissioner may prescribe and shall pay an initial license fee pursuant to Code Section 33-8-1 or as provided for by rules and regulations. (3) The lines or sublines of insurance included in the scope of authority of limited credit insurance agency licenses issued under this subsection shall include such licenses as provided for in paragraph (5) of subsection (b) of this Code section. (4) Any limited credit insurance agency license issued under this subsection shall also authorize any employee of such limited licensee to act individually on behalf and under the supervision of such limited licensee with respect to selling, soliciting, and negotiating the kinds of coverage specified in this subsection only and any such employee shall be authorized to receive related compensation, notwithstanding any other provision of law. (5) In the event that any provision of this title is violated by a limited licensee or any employee selling, soliciting, or negotiating credit insurance on behalf of such limited licensee, the Commissioner may: (A) Revoke, suspend, or place on probation the entity's limited credit insurance agency license issued under this subsection in accordance with the provisions of Code Sections 33-23-21 and 33-23-22 , and the procedures for notice and the conduct of hearings pursuant to Chapter 2 of this title; or (B) Impose such other penalties, including but not limited to suspending the transaction of insurance at specific locations where violations of this subsection have occurred as the Commissioner determines to be necessary or convenient to carry out the purposes of this subsection in accordance with the procedures for notice and the conduct of hearings set forth in Chapter 2 of this title. (6) An appeal from any order or decision of the Commissioner made pursuant to this subsection shall be conducted pursuant to Chapter 2 of this title. (7) Limited credit insurance agency licenses issued pursuant to this Code section shall renew biennially on December 31 of the applicable renewal year. The entity shall make application for renewal to the Commissioner for such licenses in such form or forms and containing such information required by the Commissioner and shall pay a renewal license fee pursuant to Code Section 33-8-1 and rules and regulations. (c) (1) As used in this subsection, the term: (A) "Limited licensee" means a person or entity authorized to sell certain coverages relating to the rental of vehicles pursuant to the provisions of this subsection. (B) "Rental agreement" means any written agreement setting forth the terms and conditions governing the use of a vehicle provided by the rental company for rental or lease. (C) "Rental company" means any person or entity in the business of providing primarily private passenger vehicles to the public under a rental agreement for a period not to exceed 90 days. (D) "Rental period" means the term of the rental agreement. (E) "Renter" means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a period not to exceed 90 days. (F) "Vehicle" or "rental vehicle" means a motor vehicle of the private passenger type, including passenger vans, minivans, and sport utility vehicles, and of the cargo type, including cargo vans, pick-up trucks, and trucks with a gross vehicle weight of less than 26,000 pounds and which do not require the operator to possess a commercial driver's license. (2) The Commissioner may issue to a rental company that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance through a licensed insurer in connection with the rental of vehicles. (3) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner an application for a limited license in such form or forms, and supplements thereto, and containing such information as the Commissioner may prescribe. (4) In the event that any provision of this subsection is violated by a limited licensee, the Commissioner may: (A) After notice and a hearing, revoke or suspend a limited license issued under this subsection in accordance with the provisions of Code Sections 33-23-21 and 33-23-22 ; or (B) After notice and a hearing, impose such other penalties, including suspending the transaction of insurance at specific rental locations where violations of this subsection have occurred, as the Commissioner deems to be necessary or convenient to carry out the purposes of this subsection. (5) The rental company licensed pursuant to paragraph (2) of this subsection may only offer or sell insurance through licensed insurers in connection with and incidental to the rental of vehicles, whether at the rental office or by preselection of coverage in an individual, master, corporate, or group rental agreement, in any of the following general categories: (A) Personal accident insurance covering the risks of travel, including, but not limited to, accident and health insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for accidental death or dismemberment and reimbursement for medical expenses resulting from an accident that occurs during the rental period; (B) Liability insurance, which, at the exclusive option of the rental company, may include uninsured and underinsured motorist coverage, whether offered separately or in combination with other liability insurance, that provides coverage, as applicable, to renters and other authorized drivers of rental vehicles for liability arising from the operation of the rental vehicle; (C) Personal effects insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for the loss of, or damage to, personal effects that occurs during the rental period; (D) Roadside assistance and emergency sickness protection programs; and (E) Any other travel or vehicle related coverage that a rental company offers in connection with and incidental to the rental of vehicles. (6) No insurance shall be offered by a limited licensee pursuant to this subsection unless: (A) The rental period of the rental agreement does not exceed 90 consecutive days; (B) At every rental location where rental agreements are executed, brochures or other written materials are readily available to the prospective renter that: (i) Summarize clearly and correctly the material terms of coverage offered to renters, including the identity of the insurer; (ii) Disclose that such policies offered by the rental company may provide a duplication of coverage already provided by a renter's personal automobile insurance policy, homeowner's insurance policy, personal liability insurance policy, or other source of coverage; (iii) State that the purchase by the renter of the kinds of coverage specified in this subsection is not required in order to rent a vehicle; and (iv) Describe the process for filing a claim in the event the renter elects to purchase coverage and in the event of a claim; and (C) Evidence of coverage on the face of the rental agreement is disclosed to every renter who elects to purchase such coverage. (7) Any limited license issued under this subsection shall also authorize any employee of the limited licensee to act individually on behalf and under the supervision of the limited licensee with respect to the kinds of coverage specified in this subsection. (8) Each rental company licensed pursuant to this subsection shall provide a training program in which employees being trained by an instructor licensed under this article receive basic insurance instruction about the kinds of coverage specified in this subsection and offered for purchase by prospective renters of rental vehicles. Additionally, each rental company shall provide for such employees two hours of continuing education courses annually to be taught by an instructor licensed under this article. A rental company shall certify that, prior to offering such coverages, each employee has received such instruction. (9) Notwithstanding any other provision of this subsection or any rule adopted by the Commissioner, a limited licensee pursuant to this subsection shall not be required to treat moneys collected from renters purchasing such insurance when renting vehicles as funds received in a fiduciary capacity, provided that the charges for coverage shall be itemized and be ancillary to a rental transaction. The sale of insurance not in conjunction with a rental transaction shall not be permitted. (10) No limited licensee under this subsection shall advertise, represent, or otherwise hold itself or any of its employees out as licensed insurers, insurance agents, or insurance brokers. (d) (1) As used in this subsection, the term: (A) "Customer" means a person who purchases portable electronics or services. (B) "Enrolled customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics. (C) "Location" means any physical location in this state or any website, call center site, or similar location directed to residents of this state. (D) "Portable electronics" means handsets, pagers, personal digital assistants, portable computers, automatic answering devices, cellular telephones, batteries, and other similar devices and their accessories and includes services related to the use of such devices, including, but not limited to, individual customer access to a wireless network. (E) "Portable electronics insurance" means insurance providing coverage for the repair or replacement of portable electronics which may provide coverage for portable electronics against any one or more of the following: loss, theft, inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss. Such term shall not include a service contract or extended warranty providing coverage limited to the repair, replacement, or maintenance of property in cases of operational or structural failure due to a defect in materials, workmanship, accidental damage from handling power surges, or normal wear and tear. (F) "Portable electronics transaction" means the sale or lease of portable electronics by a vendor to a customer or the sale of a service related to the use of portable electronics by a vendor to a customer. (G) "Supervising entity" means a business entity that is a licensed insurer, or insurance producer that is authorized by a licensed insurer, to supervise the administration of a portable electronics insurance program. (H) "Vendor" means a person in the business of engaging in portable electronics transactions directly or indirectly. (2) The Commissioner may issue to a retail vendor of portable electronics that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell portable electronics insurance policies. (3) A limited license issued under this subsection shall authorize any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to customers at each location where the vendor engages in portable electronics transactions. (4) The supervising entity shall maintain a registry of vendor locations that are authorized to sell or solicit portable electronics insurance coverage in this state. Upon request by the Commissioner and with ten days' notice to the supervising entity, the registry shall be open to inspection and examination by the Commissioner during regular business hours of the supervising entity. (5) The sale of such insurance policies shall be limited to sales in connection with the sale of or provision of service for portable electronics by the retail vendor. (6) At every location where portable electronics insurance is offered to customers, brochures or other written materials shall be made available to a prospective customer which: (A) State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services; (B) Summarize the material terms of the insurance coverage, including: (i) The identity of the insurer; (ii) The identity of the supervising entity; (iii) The amount of any applicable deductible and how it is to be paid; (iv) Benefits of the coverage; and (v) Key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with a similar make and model or with reconditioned or nonoriginal manufacturer parts or equipment; (C) Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements; and (D) State that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium. (7) Portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers. Coverage under portable electronics insurance shall be primary to any other insurance. (8) Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program. (9) Notwithstanding any other provision of law, employees or authorized representatives of a vendor of portable electronics shall not be compensated based primarily on the number of customers enrolled for portable electronics insurance coverage but may receive compensation for activities under the limited license which are incidental to their overall compensation. (10) The charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Any charge to the enrolled customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services, shall be separately itemized on the enrolled customer's bill. If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services, the vendor shall clearly and conspicuously disclose to the enrolled customer that the portable electronics insurance coverage is included with the portable electronics or related services. Vendors billing and collecting such charges shall not be required to maintain such funds in a segregated account, provided that the vendor is authorized by the insurer to hold such funds in an alternative manner and remits such amounts to the supervising entity within 60 days of receipt. All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer. Vendors may receive compensation for billing and collection services. (11) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner an application for such limited license or licenses in a form and manner prescribed by the Commissioner. The application shall provide: (A) The name, residence address, and other information required by the Commissioner of an employee or officer of the vendor that is designated by the applicant as the person responsible for the vendor's compliance with the requirements of this subsection; (B) If the vendor derives more than 50 percent of its revenue from the sale of portable electronics insurance, the information required by subparagraph (A) of this paragraph for all officers, directors, and shareholders of record having beneficial ownership of 10 percent or more of any class of securities registered under the federal securities law; and (C) The location of the applicant's home office. (12) The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure as an insurance producer under this Code section, provided that the supervising entity supervises the administration of a training program in which employees and authorized representatives of a vendor shall be trained and receive basic insurance instruction about the kind of coverage authorized in this subsection and offered for purchase by prospective purchasers. The training required by this subsection may be provided in electronic form. However, if provided in electronic form, the supervising entity shall implement a supplemental education program regarding the portable electronics insurance that is conducted and overseen by an instructor licensed under this article. (13) No prelicensing examination shall be required for issuance of such license. (14) If a vendor or its employee or authorized representative violates any provision of this subsection, the Commissioner may impose any of the following penalties: (A) After notice and hearing, fines not to exceed $500.00 per violation or $5,000.00 in the aggregate for such conduct; (B) After notice and hearing, other penalties that the Commissioner deems necessary and reasonable to carry out the purpose of this article, including: (i) Suspending the privilege of transacting portable electronics insurance pursuant to this subsection at specific business locations where violations have occurred; and (ii) Suspending or revoking the ability of individual employees or authorized representatives to act under the license; (15) Notwithstanding any other provision of law: (A) An insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only upon providing the policyholder and enrolled customers with at least 60 days' notice; (B) If the insurer changes the terms and conditions, then such insurer shall provide the vendor with a revised policy or endorsement and each enrolled customer with a revised certificate, endorsement, updated brochure, or other evidence indicating a change in the terms and conditions has occurred and a summary of such changes; (C) Notwithstanding subparagraph (A) of this paragraph, an insurer may terminate an enrolled customer's enrollment under a portable electronics insurance policy upon 15 days' notice for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim; (D) Notwithstanding subparagraph (A) of this paragraph, an insurer may immediately terminate an enrolled customer's enrollment under a portable electronics insurance policy: (i) For nonpayment of premium; (ii) If the enrolled customer ceases to have an active service with the vendor of portable electronics; or (iii) If the enrolled customer exhausts the aggregate limit of liability, if any, under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within 30 calendar days after exhaustion of the limit. However, if notice is not timely sent, enrollment shall continue notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer; and (E) When a portable electronics insurance policy is terminated by a policyholder, the vendor shall mail or deliver written notice to each enrolled customer advising the enrolled customer of the termination of the policy and the effective date of termination. The written notice shall be mailed or delivered to the enrolled customer at least 30 days prior to the termination. (16) Whenever notice or correspondence with respect to a policy of portable electronics insurance is required pursuant to this subsection or is otherwise required by law, it shall be in writing and sent within the notice period, if any, specified within the statute or regulation requiring the notice or correspondence. Notwithstanding any other provision of law, notices and correspondence may be sent either by mail or by electronic means as set forth in this paragraph. If the notice or correspondence is mailed, it shall be sent to the vendor of portable electronics at the vendor's mailing address specified for such purpose and to its affected enrolled customers' last known mailing addresses on file with the insurer. The insurer or vendor of portable electronics, as the case may be, shall maintain proof of mailing in a form authorized or accepted by the United States Postal Service or other commercial mail delivery service. If the notice or correspondence is sent by electronic means, it shall be sent to the vendor of portable electronics at the vendor's email address specified for such purpose and to its affected enrolled customers' last known email address as provided by each enrolled customer to the insurer or vendor of portable electronics, as the case may be. For purposes of this paragraph, an enrolled customer's provision of an email address to the insurer or vendor of portable electronics, as the case may be, shall be deemed as consent to receive notices and correspondence by electronic means. The insurer or vendor of portable electronics, as the case may be, shall maintain proof that the notice or correspondence was sent. (17) Notice or correspondence required by this subsection or otherwise required by law may be sent on behalf of an insurer or vendor, as the case may be, by the supervising entity appointed by the insurer. (e) (1) As used in this subsection, the term: (A) "Limited licensee" means an owner authorized to act as an agent of an insurance provider for purposes of selling certain insurance coverages for personal property maintained in self-service storage facilities pursuant to this subsection. (B) "Occupant" means a person, his or her sublessee, successor, or assign entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. (C) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility, his or her agent, or any other person authorized by him or her to manage the self-service storage facility or to receive rent from an occupant under a rental agreement. (D) "Personal property" means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings. (E) "Rental agreement" means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility. (F) "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse within the meaning of Article 1 of Chapter 4 of Title 10, the "Georgia State Warehouse Act." A self-service storage facility is not a safe-deposit box or vault maintained by banks, trust companies, or other financial entities. (2) The Commissioner may issue to an owner that is in compliance with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance through a licensed insurer in connection with a self-service storage facility. (3) A limited licensee shall be authorized to offer or sell insurance on behalf of a licensed insurer only in connection with a rental agreement and only for either an individual policy issued to an individual occupant or as a group policy for occupants for personal property insurance. A limited licensee shall only be authorized to provide to occupants insurance coverage for: (A) The loss of or damage to personal property stored at a self-service storage facility where the loss or damage occurs at such self-service storage facility during the occupant's rental agreement; or (B) Such other loss directly related to an occupant's rental agreement. (4) No insurance shall be issued pursuant to this subsection unless the limited licensee provides to a prospective occupant written material that: (A) Provides a summary of the terms of insurance coverage, including the identity of the insurer; (B) Conspicuously discloses that the policy of insurance may provide a duplication of coverage already provided by an existing policy of insurance; (C) Describes the process for filing a claim in the event the occupant elects to purchase coverage and experiences a covered loss; (D) Provides information regarding the price, deductible, benefits, exclusions, conditions, and any other limitations of such policy; (E) States that the limited licensee is not authorized to evaluate the adequacy of the occupant's existing insurance coverages, unless such limited licensee is otherwise licensed; and (F) States that the occupant may cancel the insurance at any time, and any unearned premium will be refunded in accordance with applicable law. (5) Notwithstanding any other provision of this subsection or any rule adopted by the Commissioner, a limited licensee licensed pursuant to this subsection shall not be required to treat moneys collected from occupants under rental agreements as funds received in a fiduciary capacity, provided that the charges for coverage shall be itemized and be ancillary to a rental agreement. The sale of insurance not in conjunction with a rental agreement shall not be permitted. (6) Any limited license issued under this subsection shall also authorize any employee of the limited licensee to act individually on behalf and under the supervision of the limited licensee with respect to the kinds of coverage specified in this subsection. (7) Each owner licensed pursuant to this subsection shall provide a training program in which employees and authorized representatives of such owner shall be trained by an instructor licensed pursuant to this article and receive basic insurance instruction about the kind of coverage authorized in this subsection and offered for purchase by prospective occupants. (8) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner an application for a limited license in such form or forms, and supplements thereto, and containing such information as the Commissioner may prescribe. (9) In the event that any provision of this title is violated by a limited licensee, or an employee of a limited licensee, the limited licensee shall be subject to all penalties, fines, criminal sanctions, and other actions authorized by this title. (10) No prelicensing examination shall be required for issuance of a limited license pursuant to this subsection. (f) (1) As used in this subsection, the term: (A) "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. (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 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. Such term shall not be considered insurance. (D) "Eligible group" means two or more persons that are engaged in a common enterprise or have an economic, educational, or social affinity or relationship, including but not limited to any of the following: (i) Any entity engaged in the business of providing travel or travel services, including but not limited to: (I) Tour operators, lodging providers, vacation property owners, hotels and resorts, travel clubs, travel agencies, property managers, or cultural exchange programs; or (II) 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 share a common exposure to risk attendant to such 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, camp, or sponsor thereof covering participants, members, campers, employees, officials, supervisors, or volunteers; (v) Any religious, charitable, recreational, educational, or civic organization or branch thereof covering any group of members, participants, or volunteers; (vi) Any financial institution or financial institution vendor, or any 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 labor unions, that has a common interest, a constitution, and bylaws and that is organized and maintained in good faith for purposes other than obtaining insurance for members or participants of such association in covering its members; (viii) Any trust or the trustees of a fund established, created, or maintained for the benefit of and for covering members, employees, or customers, subject to the Commissioner permitting the use of a trust and the state's premium tax provisions provided in Code Section 33-8-4 for one or more associations meeting the requirements of division (vii) of this subparagraph; (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, civil defense, or other such volunteer group; (xi) Any preschool, day-care institution for children or adults, or senior citizen club; (xii) Any 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; (xiii) The common carrier; the operator, owner, or lessor of a means of transportation; or the automobile or truck rental or leasing company that is the policyholder under a policy to which this subsection applies; and (xiv) Any other group to which the Commissioner has determined that issuance of the policy would not be contrary to the public interest and in which the members are engaged in a common enterprise or have an economic, educational, or social affinity or relationship. (E) "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. (F) "Group travel insurance" means travel insurance issued to any eligible group. (G) "Limited licensee" means a person or entity authorized to sell certain coverages related to travel pursuant to the provisions of this subsection. (H) "Limited lines travel insurance producer" means a: (i) Licensed managing general underwriter; (ii) Licensed managing general agent or third-party administrator; (iii) Licensed insurance producer, including a limited licensee; or (iv) 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" means an individual or person that elects and purchases travel insurance under a group policy. (K) "Travel administrator" means each person that directly or indirectly underwrites; collects charges, collateral, or premiums from; or adjusts or settles claims for residents of this state in connection with travel insurance; provided, however, that a person shall not be considered a travel administrator if such person's only actions that would otherwise cause it to be considered a travel administrator are among the following: (i) An insurance producer selling insurance or engaged in administrative and claims related activities within the scope of the producer's license; (ii) A travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer in accordance with this subsection; (iii) An individual adjusting or settling claims in the normal course of such individual's practice or employment as an attorney at law and who does not collect charges or premiums in connection with insurance coverage; or (iv) 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. (L) "Travel assistance services" means: (i) Noninsurance services for which the consumer is not indemnified based on a fortuitous event and the provision of the service does not result in the transfer or shifting of risk that would constitute the business of insurance; (ii) Such term shall include, but not be limited to, 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 similar service that is furnished in connection with planned travel; and (iii) Such term shall not include assistance services that are insurance or related to insurance. (M) "Travel insurance" means insurance coverage for personal risks incident to planned travel, including: (i) Interruption or cancellation of 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; or (vii) Any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the Commissioner. Travel insurance shall not include major medical plans which provide comprehensive medical protection for travelers with trips lasting six months or longer, including, but not limited to, those working or residing overseas as an expatriate, or any other product that requires a specific insurance producer license. (N) "Travel protection plan" means any plan that provides for travel insurance, travel assistance services, or cancellation fee waivers. (O) "Travel retailer" means a business entity that makes, arranges, or offers travel services and that 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. (2) (A) Notwithstanding any other provision of law, the Commissioner may issue to an individual or business entity that has complied with the requirements of this subsection a limited lines travel insurance producer license which authorizes the limited lines travel insurance producer to sell, solicit, or negotiate travel insurance through a licensed insurer. (B) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner an application for such limited license in a form and manner prescribed by the Commissioner. (C) Notwithstanding any other provision of law, a travel retailer may offer and disseminate travel insurance under a limited lines travel insurance producer business entity license only if the following conditions are met: (i) The limited lines travel insurance producer or travel retailer provides to purchasers of travel insurance: (I) A description of the material terms or the actual material terms of the insurance coverage; (II) A description of the process for filing a claim; (III) A description of the review or cancellation process for the travel insurance policy; and (IV) The identity and contact information of the insurer and limited lines travel insurance producer; (ii) At the time of licensure, the limited lines travel insurance producer shall establish and maintain a register on a form prescribed by the Commissioner of each travel retailer that offers travel insurance on the limited lines travel insurance producer's behalf. The register shall be maintained and updated by the limited lines travel insurance 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 Insurance Department upon reasonable request. The limited lines travel insurance producer shall also certify that the travel retailer registered complies with 18 U.S.C. Section 1033 . The grounds for the suspension and revocation and the penalties applicable to resident insurance providers shall be applicable to limited lines travel insurance producers and travel retailers; (iii) The limited lines travel insurance producer shall designate one of its employees who is a licensed individual producer as the person responsible for the limited lines travel insurance producer's compliance with the travel insurance laws and rules and regulations of this state; (iv) The employee designated as provided in division (iii) of this subparagraph, president, secretary, treasurer, and any other officer or person who directs or controls the limited lines travel insurance producer's insurance operations shall comply with the fingerprinting requirements applicable to insurance producers in the resident state of the limited lines travel insurance producer; (v) The limited lines travel insurance producer shall pay all applicable insurance producer licensing fees as set forth in applicable state law; (vi) The limited lines travel insurance producer shall require each employee or authorized representative of the travel retailer whose duties include offering and disseminating travel insurance to receive a program of instruction or training, which may be subject to review by the Commissioner. The training material shall, at a minimum, contain instructions on the types of insurance offered, ethical sales practices, and required disclosures to prospective customers; and (vii) No prelicensing examination or continuing education shall be required for issuance of a limited license pursuant to this subsection. (D) Any travel retailer offering or disseminating travel insurance shall make available to prospective purchasers brochures or other written materials that: (i) Provide the identity and contact information of the insurer and the limited lines travel insurance producer; (ii) Explain that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and (iii) Explain that an unlicensed travel retailer is permitted to provide 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. (E) A travel retailer employee or authorized representative that is not licensed as an insurance producer shall not: (i) Evaluate or interpret the technical terms, benefits, and conditions of the offered travel insurance coverage; (ii) Evaluate or provide advice concerning a prospective purchaser's existing insurance coverage; or (iii) Hold itself out as a licensed insurer, licensed producer, or insurance expert. (3) Notwithstanding any other provision of law, a travel retailer whose insurance related activities, and those of its employees or 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 subsection shall be authorized to do so and receive related compensation upon registration by the limited lines travel insurance producer as provided in subparagraph (C) of paragraph (2) of this subsection. (4) As the insurer designee, the limited lines travel insurance producer shall be responsible for the acts of the travel retailer and authorized representative and shall use reasonable means to ensure compliance by the travel retailer with this subsection. (5) The limited lines travel insurance producer and any travel retailer or authorized representative offering and disseminating travel insurance under the limited lines travel insurance producer's license shall be subject to the unfair trade practices provisions under Article 1 of Chapter 6 of this title and to the other provisions of this article relating to insurance producers. (6) (A) The requirements of this subsection shall apply to travel insurance which covers any resident of this state; is sold, solicited, negotiated, or offered in this state; or for which policies and certificates are delivered or issued for delivery in this state; provided, however, that such requirements shall not apply to cancellation fee waivers and travel assistance services, except as expressly provided in this subsection. (B) All other applicable provisions of the state's insurance laws shall continue to apply to travel insurance except that the specific provisions of this subsection shall supersede any general provisions of law that would otherwise be applicable to travel insurance. (7) Any person licensed in a major line of authority as an insurance producer shall be authorized to sell, solicit, and negotiate travel insurance. A property and casualty insurance producer shall not be required to become appointed by an insurer in order to sell, solicit, or negotiate travel insurance. (8) (A) Each travel insurer shall pay the tax levied by Code Section 33-8-4 with respect to travel insurance premiums paid by any of the following: (i) An individual primary policyholder who is a resident of this state; (ii) A primary certificate holder who is a resident of this state who elects coverage under a group travel insurance policy; or (iii) 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 insurance in this state for eligible blanket group members, subject to any apportionment rules which apply to the insurer across multiple taxing jurisdictions or that permits the insurer to allocate premiums on an apportioned basis in a reasonable and equitable manner in such jurisdictions. (B) Each travel insurer shall: (i) Document the state of residence or principal place of business of the policyholder or certificate holder, as described in subparagraph (A) of this paragraph; and (ii) Report as premiums only the amount allocable to travel insurance and shall not report any amounts received for travel assistance services or cancellation fee waivers. (9) A travel protection plan 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: (i) Describe and delineate the travel insurance, travel assistance services, and cancellation fee waivers in the travel protection plan; and (ii) Include the travel insurance disclosures and the contact information for persons providing travel assistance services and cancellation fee waivers, as applicable. (10) (A) Offering or selling a travel insurance policy that could never result in payment of any claims for any insured under the policy is considered an unfair trade practice under Chapter 6 of this title. (B) (i) All documents provided to consumers 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, which shall include but not be limited to respective forms, endorsements, policies, rate filings, and certificates of insurance. (ii) 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 at some point prior to the time of purchase and in the coverage's fulfillment materials. (iii) The fulfillment materials and the information described in division (f)(2)(c)(i) of this Code section shall be provided to a policyholder or primary 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 primary 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: (I) Fifteen days following the date of delivery of the travel protection plan's fulfillment materials by postal mail; or (II) 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 division, the term "delivery" means handing fulfillment materials to the policyholder or primary certificate holder or sending fulfillment materials by postal mail or electronically to the policyholder or primary certificate holder. (iv) Each company shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage. (v) If travel insurance is marketed directly to a consumer through an insurer's website or by others through an aggregator site, it shall not be considered an unfair trade practice or other violation of law if an accurate summary or short description of coverage is provided on the website, so long as the consumer has electronic access to the full provisions of the policy. (C) 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 that 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. (D) It shall be considered an unfair trade practice to market blanket travel insurance coverage as being free. (E) If a consumer's destination jurisdiction requires insurance coverage, it shall not be considered an unfair trade practice to require such consumer to choose between the following options as a condition of purchasing a trip or travel package: (i) 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 (ii) Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction's requirements prior to departure. (11) (A) Notwithstanding any provision of this title to the contrary, a person shall not act or represent itself as a travel administrator for travel insurance in this state unless such person: (i) Is a licensed property and casualty insurance producer in this state for activities permitted under such producer's license; (ii) Holds a valid managing general agent (M.A.) license in this state; or (iii) Holds a valid third-party administrator (TA) license in this state. (B) A travel administrator and its employees shall be exempt from the licensing requirements provided in paragraph (4) of subsection (a) of Code Section 33-23-4 , relating to adjuster licensing, for travel insurance that such travel administrator and its employees administer. (C) An insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer and ensuring that the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the Commissioner upon request. (12) (A) Notwithstanding any provision of this title to the contrary, travel insurance shall be classified and filed for purposes of rates and forms as marine and transportation insurance; provided, however, that travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, either exclusively or in conjunction with related coverages of emergency evacuation or repatriation of remains, or incidental limited property and casualty benefits, such as baggage or trip cancellation, may be filed by an authorized insurer under either an accident and health line of insurance or as marine and transportation insurance. (B) 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 that those standards also meet the state's underwriting standards for marine and transportation insurance.

Legislative History

Amended by 2021 Ga. Laws 181,§ 2, eff. 5/4/2021. Amended by 2020 Ga. Laws 521,§ 33, eff. 7/29/2020. Amended by 2019 Ga. Laws 321,§ 33, eff. 5/12/2019. Amended by 2019 Ga. Laws 140,§ 7, eff. 7/1/2019. Amended by 2019 Ga. Laws 139,§ 1-93, eff. 7/1/2019. Amended by 2018 Ga. Laws 553,§ 1, eff. 7/1/2018. Amended by 2017 Ga. Laws 275,§ 33, eff. 5/9/2017. Amended by 2014 Ga. Laws 669,§ 33, eff. 4/29/2014. Amended by 2013 Ga. Laws 230,§ 2, eff. 7/1/2013. Amended by 2013 Ga. Laws 230,§ 1, eff. 7/1/2013. Amended by 2013 Ga. Laws 33,§ 33, eff. 4/24/2013. Amended by 2012 Ga. Laws 776,§ 2, eff. 7/1/2012. Amended by 2012 Ga. Laws 776,§ 1, eff. 7/1/2012. Amended by 2012 Ga. Laws 727,§ 3, eff. 7/1/2012. Amended by 2012 Ga. Laws 727,§ 2, eff. 7/1/2012. Amended by 2012 Ga. Laws 678,§ 1, eff. 7/1/2012. Amended by 2008 Ga. Laws 767,§ 7, eff. 7/1/2008. Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002. Amended by 2001 Ga. Laws 2, § 33, eff. 2/12/2001.