This text of Oregon § 744.109 (Applicability of certain laws to offerings of travel insurance in this state; other requirements for travel insurance policies and travel protection plans; unlawful practices) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)Except as otherwise provided in this section, a person that offers travel insurance in this state is subject to ORS chapter 746. ORS 744.101 to 744.121 control if a conflict exists between other provisions of the Insurance Code and ORS 744.101 to 744.121 with respect to marketing or selling travel insurance or a travel protection plan. (2)Marketing, advertising and sales materials that a prospective purchaser receives before the time of purchase must be consistent with the provisions of the policy, including forms, endorsements, rate filings and certificates of insurance.
(3)If a travel insurance policy excludes a preexisting condition, the person that offers the policy must provide information about the exclusion in fulfillment material and must provide a prospective purchaser with
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(1) Except as otherwise provided in this section, a person that offers travel insurance in this state is subject to ORS chapter 746. ORS 744.101 to 744.121 control if a conflict exists between other provisions of the Insurance Code and ORS 744.101 to 744.121 with respect to marketing or selling travel insurance or a travel protection plan.
(2) Marketing, advertising and sales materials that a prospective purchaser receives before the time of purchase must be consistent with the provisions of the policy, including forms, endorsements, rate filings and certificates of insurance.
(3) If a travel insurance policy excludes a preexisting condition, the person that offers the policy must provide information about the exclusion in fulfillment material and must provide a prospective purchaser with an opportunity to learn more about the exclusion before purchasing the policy.
(4) A person shall provide to the purchaser fulfillment material and the information described in ORS 744.104 (3)(a) as soon as is practicable after the purchase of a policy.
(5)(a) If a travel insurance policy holder or certificate holder has not begun travel that is covered by the policy or submitted a claim under the policy, the policy holder or certificate holder may cancel, and receive a full refund of the purchase price for, a travel protection plan until the later of:
(A) Fifteen days following the delivery of the travel protection plan’s fulfillment material by postal mail; or
(B) Ten days following the date of delivery of the travel protection plan’s fulfillment material by means other than postal mail.
(b) As used in this subsection, “delivery” means, as appropriate:
(A) Handing fulfillment material to the policy holder or certificate holder; or
(B) Sending fulfillment material to the policy holder or certificate holder by postal mail or electronic means.
(6) A travel insurance policy and fulfillment material for the policy must disclose whether the coverage that the policy or certificate provides is primary or secondary with respect to other insurance coverage.
(7) A person does not by reason of taking any of the following actions violate the consumer protection laws of this state:
(a) Marketing, advertising or selling travel insurance on an insurer’s, limited lines travel insurance producer’s or travel retailer’s website or on an aggregator site by means of an accurate summary or short description of the coverage the travel insurance provides, if all of the provisions of the coverage are available via a link on the website or aggregator site or by other electronic methods.
(b) Requiring a purchaser to choose between the following options if a jurisdiction in the travel destination requires insurance coverage:
(A) Purchasing the required coverage from a 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 requirements of the jurisdiction in the travel destination before traveling.
(8) The following acts or practices are unlawful practices:
(a) Offering or selling a travel insurance policy that could never result in payment of a claim to an insured;
(b) Marketing blanket travel insurance as free; or
(c) Offering or selling travel insurance on a negative option or opt out basis, whereby a consumer is required to take an affirmative action to deselect coverage, such as unchecking a box on an electronic form, when the consumer is purchasing a trip.