§ 24-A §7058 — Sales practices

1.
Trade practices and frauds applicability.
All persons offering travel insurance to residents of this State are subject to chapter 23, except as otherwise provided in this section. In the event of a conflict between this chapter and other provisions of this Title regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this chapter control.
2.
Deceptive travel insurance.
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 trade practice under chapter 23.
3.
Marketing.
All persons offering travel insurance to residents of this State shall comply with the marketing requirements in this subsection.
4.
Opt-out format.
A person offering, soliciting or negotiating travel insurance or travel protection plans on an individual or group basis may not do so by using a negative option or opt-out format that requires 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.
Blanket travel insurance.
It is an unfair trade practice to market blanket travel insurance coverage as free.
6.
Jurisdiction dictating coverage.
When a consumer's destination jurisdiction requires insurance coverage, it is not an unfair trade practice to require that a consumer choose between the following options as a condition of purchasing a trip or travel package:

Legislative History

PL 2021, c. 354, §15 (NEW).