§ 27-7-17-17 — Policy documentation and fulfillment materials; unfair trade practice

Indiana § 27-7-17-17

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 7: SPECIAL TYPES OF INSURANCE
• Ch. 17: Travel Insurance

Text

(a) All documents provided to consumers
prior to the purchase of travel insurance, including sales materials,
advertising materials, and marketing materials, must be consistent with
the travel insurance policy itself, including forms, endorsements,
policies, rate filings, and certificates of insurance.
(b) For a travel insurance policy or certificate that contains
preexisting condition exclusions, information and an opportunity to
learn more about the preexisting condition exclusions must be provided
prior to the time of purchase and in the coverage's fulfillment materials.
(c) The fulfillment materials and the information required to be
provided under IC 27-1-15.6-19.9(b)(1) must be provided to a
policyholder or certificate holder as soon as practicable following the
purchase of a travel protection plan. Unless the insured has 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 price of a travel protection plan from the date of
purchase until:
(1) fifteen (15) days following the date of delivery of the travel
protection plan's fulfillment materials by mail; or
(2) ten (10) days following the date of delivery of the travel
protection plan's fulfillment materials by means other than mail.
For purposes of this section, "delivery" means handing fulfillment
materials to the policyholder or certificate holder or sending fulfillment
materials by mail, electronic mail, or other electronic means to the
policyholder or certificate holder.
(d) The company must 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 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 access to the full provisions of the policy
through electronic means.
(f) 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 consumer to
take an affirmative action to deselect coverage, such as unchecking a
box on an electronic form, when the consumer purchases a trip or travel
package.
(g) It is an unfair trade practice under IC 27-4-1 to market blanket
travel insurance coverage as free.
(h) Where a consumer's destination jurisdiction requires insurance
coverage, it is not an unfair trade practice under IC 27-4-1 to require a
consumer to choose as a condition of purchasing a trip or travel
package between:
(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; or
(2) agreeing to obtain and provide proof of coverage that meets
the destination jurisdiction's requirements prior to departure.

Legislative History

As added by P.L.19-2022, SEC.5. Amended by P.L.11-2023, SEC.89.