§ 27-79.1-3. Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) "Aggregator site� means a website that provides access to information regarding insurance
products from more than one insurer, including product and insurer information, for
use in comparison shopping.
(2) "Blanket travel insurance� means a policy of travel insurance issued to any eligible
group providing coverage for specific classes of persons defined in the policy, with
coverage provided to all members of the eligible group without a separate charge to
individual members of the eligible group.
(3) "Cancellation fee waiver� means a contractual agreement between a supplier of travel
services and its customer to waive some or all of the non-refundable cancellation
fee provisions of the supplier's underlying travel contract, with or without regard
to the reason for the cancellation or form of reimbursement. A cancellation fee waiver
is not insurance.
(4) "Eligible group,� for the purposes of travel insurance, means two (2) or more persons
who are engaged in a common enterprise, or have an economic, educational, or social
affinity or relationship, including, but not limited to, any of the following:
(i) Any entity engaged in the business of providing travel or travel services, including,
but not limited to, tour operators, lodging providers, vacation property owners, hotels
and resorts, travel clubs, travel agencies, property managers, cultural exchange programs,
and common carriers or the operator, owner, or lessor of a means of transportation
of passengers, including, but not limited to, airlines, cruise lines, railroads, steamship
companies, and public bus carriers, wherein, with regard to any particular travel
or type of travel or travelers, all members or customers of the group must have a
common exposure to risk attendant to the travel;
(ii) Any college, school, or other institution of learning covering students, teachers,
or employees or volunteers;
(iii) Any employer covering any group of employees, volunteers, contractors, board of directors,
dependents, or guests;
(iv) Any sports team, camp, or sponsor thereof covering participants, members, campers,
employees, officials, supervisors, or volunteers;
(v) Any religious, charitable, recreational, educational, or civic organization or branch
thereof covering any group of members, participants, or volunteers;
(vi) Any financial institution or financial institution vendor, or parent holding company,
trustee, or agent of, or designated by, one or more financial institutions or financial
institution vendors, including accountholders, credit card holders, debtors, guarantors,
or purchasers;
(vii) Any incorporated or unincorporated association, including labor unions, having a common
interest, constitution, and bylaws, and organized and maintained in good faith for
purposes other than obtaining insurance for members or participants of the association
covering its members;
(viii) Any trust or the trustees of a fund established, created, or maintained for the benefit
of and covering members, employees, or customers, subject to the insurance commissioner's
permitting the use of a trust and the state's premium tax provisions in §â€‚27-79.1-6 of one or more associations meeting the requirements of subsection (4)(vii) of this
section;
(ix) Any entertainment production company covering any group of participants, volunteers,
audience members, contestants, or workers;
(x) Any volunteer fire department, ambulance, rescue, police, court, or any first aid,
civil defense, or other such volunteer group;
(xi) Preschools, daycare institutions for children or adults, and senior citizen clubs;
(xii) Any automobile or truck rental or leasing company covering a group of individuals
who may become renters, lessees, or passengers defined by their travel status on the
rented or leased vehicles. The common carrier, the operator, owner, or lessor of a
means of transportation, or the automobile or truck rental or leasing company, is
the policyholder under a policy to which this section applies; or
(xiii) Any other group where the commissioner has determined that the members are engaged
in a common enterprise, or have an economic, educational, or social affinity or relationship,
and that issuance of the policy would not be contrary to the public interest.
(5) "Fulfillment materials� means documentation sent to the purchaser of a travel protection
plan confirming the purchase and providing the travel protection plan's coverage and
assistance details.
(6) "Group travel insurance� means travel insurance issued to any eligible group.
(7) "Limited lines travel insurance producer� means a:
(i) Licensed managing general agent or third-party administrator;
(ii) Licensed insurance producer, including a limited lines producer; or
(iii) Travel administrator.
(8) "Offer and disseminate� means providing general information, including a description
of the coverage and price, as well as processing the application and collecting premiums.
(9) "Primary certificate holder� means an individual person who elects and purchases travel
insurance under a group policy.
(10) "Primary policyholder� means an individual person who elects and purchases individual
travel insurance.
(11) "Travel administrator� means a person who directly or indirectly underwrites, collects
charges, collateral, or premiums from, or adjusts or settles claims on residents of
this state, in connection with travel insurance, except that a person shall not be
considered a travel administrator if that person's only actions that would otherwise
cause it to be considered a travel administrator are among the following:
(i) A person working for a travel administrator to the extent that the person's activities
are subject to the supervision and control of the travel administrator;
(ii) An insurance producer selling insurance or engaged in administrative and claims-related
activities within the scope of the producer's license;
(iii) A travel retailer offering and disseminating travel insurance and registered under
the license of a limited lines travel insurance producer in accordance with this chapter;
(iv) An individual adjusting or settling claims in the normal course of that individual's
practice or employment as an attorney at law and who does not collect charges or premiums
in connection with insurance coverage; or
(v) A business entity that is affiliated with a licensed insurer while acting as a travel
administrator for the direct and assumed insurance business of an affiliated insurer.
(12) "Travel assistance services� means non-insurance services for which the consumer is
not indemnified based on a fortuitous event, and where providing the service does
not result in transfer or shifting of risk that would constitute the business of insurance.
Travel assistance services include, but are not limited to: security advisories; destination
information; vaccination and immunization information services; travel reservation
services; entertainment; activity and event planning; translation assistance; emergency
messaging; international legal and medical referrals; medical case monitoring; coordination
of transportation arrangements; emergency cash transfer assistance; medical prescription
replacement assistance; passport and travel document replacement assistance; lost
luggage assistance; concierge services; and any other service that is furnished in
connection with planned travel. Travel assistance services are not insurance and not
related to insurance.
(13) "Travel insurance� means insurance coverage for personal risks incident to planned
travel, including:
(i) Interruption or cancellation of trip or event;
(ii) Loss of baggage or personal effects;
(iii) Damages to accommodations or rental vehicles;
(iv) Sickness, accident, disability, or death occurring during travel;
(v) Emergency evacuation;
(vi) Repatriation of remains; or
(vii) Any other contractual obligations to indemnify or pay a specified amount to the traveler
upon determinable contingencies related to travel as approved by the commissioner.
Travel insurance does not include major medical plans that provide comprehensive medical
protection for travelers with trips lasting longer than six (6) months, including,
for example, those working or residing overseas as an expatriate, or any other product
that requires a specific insurance producer license.
(14) "Travel protection plans� means plans that provide one or more of the following:
(i) Travel insurance;
(ii) Travel assistance services; and
(iii) Cancellation fee waivers.
(15) "Travel retailer� means a business entity that makes, arranges, or offers planned
travel services, and may offer and disseminate travel insurance as a service to its
customers on behalf of, and under the direction of, a limited lines travel insurance
producer.