§ 26.1-58-04 — Sales practices

1. A person offering travel insurance to residents of this state is subject to chapter
26.1-04, except as otherwise provided in this section. In the event of a conflict
between this chapter and other provisions of title 26.1 regarding the sale and
marketing of travel insurance and travel protection plans, the provisions of this chapter
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 trade practice under chapter
26.1-04.
3. a. All documents provided to consumers before 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 travel insurance policies or certificates that contain pre-existing condition
exclusions, information and an opportunity to learn more about the pre-existing
condition exclusions must be provided any time before the time of purchase, and
in the coverage's fulfillment materials.
c. The fulfillment materials and the information described in paragraph 1 of
subdivision b of subsection 3 of section 26.1-26-54 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 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 fifteen
days following the date of delivery of the travel protection plan's fulfillment
materials by postal mail, or ten days following the date of delivery of the travel
protection plan's fulfillment materials by means other than postal mail. For
purposes of this section, "delivery" means handing fulfillment materials to the
policyholder or certificate holder or sending fulfillment materials by postal mail or
electronic means to the policyholder or certificate holder.
d. The company shall disclose in the policy documentation and fulfillment materials
whether the travel insurance is primary or secondary to other applicable
coverage.

e. Where 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 web page, so long as the consumer has access to the full
provisions of the policy through electronic means.
4. It is an unfair trade practice to market blanket travel insurance coverage as free.
5. Where 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:
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 before departure.