As used in ORS 744.101 to 744.121:
(1)“Aggregator site” means a website that displays information about insurance products from more than one insurer, and information about each insurer, for use in comparison shopping.
(2)“Blanket travel insurance” means a travel insurance policy that an insurer issues to an eligible group providing coverage for specific classes of persons defined in the policy, each member of which the policy covers without a separate charge to the member.
(3)“Business entity” has the meaning given that term in ORS 731.116. (4)“Cancellation fee waiver” means a travel supplier’s contractual agreement with a customer to waive some or all of the nonrefundable cancellation provisions in a contract for travel without regard to the reason for the cancellation or the form of
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As used in ORS 744.101 to 744.121:
(1) “Aggregator site” means a website that displays information about insurance products from more than one insurer, and information about each insurer, for use in comparison shopping.
(2) “Blanket travel insurance” means a travel insurance policy that an insurer issues to an eligible group providing coverage for specific classes of persons defined in the policy, each member of which the policy covers without a separate charge to the member.
(3) “Business entity” has the meaning given that term in ORS 731.116.
(4) “Cancellation fee waiver” means a travel supplier’s contractual agreement with a customer to waive some or all of the nonrefundable cancellation provisions in a contract for travel without regard to the reason for the cancellation or the form of reimbursement.
(5) “Eligible group” means a group of two or more persons that are engaged in a common enterprise or that have an economic, educational or social affinity or relationship, including but not limited to a group composed of:
(a) Entities that engage in the business of providing travel or travel services that have, or that have customers that have, a common exposure to risk that is related to travel, such as:
(A) Tour operators, lodging providers, owners of vacation property, hotels, resorts, travel clubs, travel agencies, property managers, cultural exchange programs or other business entities that engage in the business of providing travel or travel services; and
(B) Airlines, cruise lines, railroads, steamship companies, bus lines or other common carriers or operators, owners or lessors of vehicles, equipment or other means of transporting passengers;
(b) Schools, colleges or other institutions of learning and the students, teachers, employees or volunteers that attend, work at or provide services to the institutions of learning;
(c) A business entity and individuals with an economic relationship to the business entity, such as:
(A) Employees;
(B) Officers and directors; and
(C) Other persons that perform work for or provide services to the business entity including, but not limited to, volunteers, contractors, dependents and guests;
(d) A sports team or sports camp, sponsors of the sports team or sports camp and members, campers, officials, supervisors, employees and other participants or volunteers associated with the sports team or sports camp;
(e) A religious, charitable, recreational, educational or civic organization, or a branch of the organization, and members and participants in the organization or volunteers for the organization;
(f) A financial institution or financial institution vendor, or a 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;
(g) An incorporated or unincorporated association, including a labor union, that has a common interest, constitution or bylaws and is organized and maintained in good faith for purposes other than obtaining insurance for the association’s members or participants that covers the association’s members;
(h) A trust or the trustees of a fund established, created or maintained for the benefit of, and covering, members, employees or customers, subject to the Director of the Department of Consumer and Business Services permitting the use of a trust of one or more associations that meet the requirements of paragraph (g) of this subsection;
(i) An entertainment production company, employees of the company and participants in the company’s productions, such as audience members, contestants and volunteers;
(j) A group organized to provide volunteer responses to such emergencies such as fire, life-threatening medical conditions, rescues, civil defense or similar or related emergencies including, but not limited to, a volunteer fire department, ambulance, rescue, police, court or any first aid, civil defense or other such volunteer group;
(k) A group organized to provide volunteer responses to a need for law enforcement or legal consultation or representation;
(L) A preschool, day care center or other care facility for children, adults or senior citizen clubs;
(m) A group of renters, lessees or passengers of automobiles or trucks in which an automobile or truck rental or leasing company holds a travel insurance policy on behalf of the renters, lessees or passengers; and
(n) Any other group for which the Director of the Department of Consumer and Business Services has determined that the members of the group are engaged in a common enterprise or have an economic, educational or social affinity or relationship, and that issuing the policy would not be contrary to the public interest.
(6) “Fulfillment material” means documentation sent to the purchaser of a travel protection plan that confirms the purchase and provides details of the travel protection plan’s coverage and assistance.
(7) “Group travel insurance” means travel insurance that an insurer issues to an eligible group.
(8) “Limited lines travel insurance producer” means:
(a) A managing general agent licensed under ORS 744.300 to 744.316;
(b) An insurance producer, including a limited class insurance producer, who is licensed under ORS 744.052 to 744.089 to negotiate, sell or solicit travel insurance; or
(c) A travel insurance administrator.
(9) “Negotiate” has the meaning given that term in ORS 731.104.
(10) “Offer and disseminate travel insurance” means:
(a) To provide general information regarding the travel insurance, including a description of coverage and price;
(b) To disseminate and process applications for travel insurance coverage; or
(c) To collect premiums on behalf of a limited travel insurance producer.
(11) “Sell” has the meaning given that term in ORS 731.104.
(12) “Solicit” has the meaning given that term in ORS 731.104.
(13) “Travel assistance services” means noninsurance services for which a consumer is not indemnified based on a fortuitous event, and where providing the service does not result in a transfer or shifting of risk that would constitute the business of insurance and that include, but are not limited to:
(a) Providing security advisories and information about a destination;
(b) Recommending or providing information about vaccinations and immunizations;
(c) Making reservations;
(d) Providing entertainment;
(e) Planning activities and events;
(f) Providing translations or interpretations;
(g) Enabling emergency communications;
(h) Making international legal and medical referrals, monitoring medical cases or helping to replace prescription medications;
(i) Coordinating transportation arrangements;
(j) Providing emergency cash transfers;
(k) Helping to replace lost passports or other travel documents;
(L) Locating lost or misplaced luggage;
(m) Providing concierge services; or
(n) Providing other services that are furnished in connection with planned travel.
(14)(a) “Travel insurance” means insurance coverage for personal risks incidental to planned travel, including:
(A) Interruption or cancellation of a trip or event;
(B) Loss of baggage or personal effects;
(C) Damages to accommodations or rental vehicles;
(D) Sickness, accident, disability or death occurring during travel;
(E) Emergency evacuation;
(F) Repatriation of remains; or
(G) Any other contractual obligation to indemnify or pay a specific amount to a policy holder upon the occurrence of a determinable contingency related to travel, as approved by the director.
(b) “Travel insurance” does not include:
(A) A major medical plan that provides comprehensive medical protection for travelers with trips lasting six months or longer, such as coverage for individuals who work or reside outside the United States, or for an expatriate;
(B) A class of insurance, other than travel insurance, that requires possession of a specific insurance producer’s license to transact insurance in the class;
(C) A cancellation fee waiver; or
(D) Travel assistance services.
(15)(a) “Travel insurance administrator” means a person that directly or indirectly performs the following functions or services with respect to a travel insurance policy issued to a resident of this state:
(A) Underwriting;
(B) Collecting a charge, collateral or premium; or
(C) Adjusting or settling a claim.
(b) “Travel insurance administrator” does not include a person that, with respect to a travel insurance policy issued to a resident of this state, performs activities that consist solely of:
(A) Work that is under the direct supervision and control of a travel insurance administrator;
(B) Work as an insurance producer acting within the scope of a license the director issued under ORS 744.062;
(C) Work offering and disseminating travel insurance as a travel retailer that is registered under the license of a limited lines travel insurance producer;
(D) Adjusting and settling claims in the ordinary course of work as an attorney licensed or admitted to the practice of law in this state, if the person does not collect charges or premiums in connection with a travel insurance policy; or
(E) Administration of the direct and assumed insurance business of another insurer.
(16) “Travel protection plan” means a plan that provides one or more of the following products or services:
(a) Travel insurance;
(b) Travel assistance services; or
(c) A cancellation fee waiver.
(17) “Travel retailer” means a business entity that makes, arranges or offers travel and may offer and disseminate travel insurance as a service to the business entity’s customers on behalf of and under the direction of a limited lines travel insurance producer.