§ 38-43-730 — Offer and dissemination of travel insurance under limited lines travel insurance producer license; brochures; prohibited acts.

South Carolina § 38-43-730

• Jurisdiction: South Carolina
• Title 38: INSURANCE
• Ch. 43: INSURANCE PRODUCERS AND AGENCIES

Text

(A) A travel retailer only may offer and disseminate travel insurance under a limited lines travel insurance producer license if: (1) the limited lines travel insurance producer or travel retailer provides purchasers of travel insurance the following information on a form prescribed by the director: (a) a description of the material terms or the actual material terms of the insurance coverage; (b) a description of the process for filing a claim; (c) a description of the review or cancellation process for the travel insurance policy; and (d) the identity and contact information of the insurer and limited lines travel insurance producer; (2) the limited lines travel insurance producer, at the time of licensure, establishes and subsequently maintains and updates a register of each travel retailer that offers insurance on its behalf, including the name, address, and contact information of the travel retailer and an officer or person who directs or controls the operations of the travel retailer, and the federal employment identification number of the travel retailer; (3) the limited lines travel insurance producer submits the register to the department upon reasonable request; (4) the limited lines travel insurance producer certifies that the travel retailers registered comply with 18 U.S.C. Section 1033; (5) the limited lines travel insurance producer designates one of its employees, who is a licensed individual producer, as the "Designated Responsible Producer" or "DRP" who is responsible for compliance of the limited lines travel insurance producer with the travel insurance laws, rules, and regulations of the State; (6) the DRP, president, secretary, treasurer, and another officer or person who directs or controls the insurance operations of the limited lines travel insurance producer each comply with the fingerprinting requirements applicable to insurance producers in the resident state of the limited lines travel insurance producer; (7) the limited lines travel insurance producer has paid all applicable insurance producer licensing fees; and (8) the limited lines travel insurance producer requires each employee of the travel retailer whose duties include offering and disseminating travel insurance to receive a program of instruction or training, subject to review by the director, and which shall contain instructions on the types of insurance offered, ethical sales practices, and required disclosures to prospective customers, among other things. (B) A travel retailer who offers or disseminates travel insurance shall make brochures or other written materials available to prospective purchasers, and these brochures or other written materials must: (1) provide the identity and contact information of the insurer and the limited lines travel insurance producer; (2) explain that the purchase of travel insurance is not required in order to purchase another product or service from the travel retailer; and (3) explain that an unlicensed travel retailer is permitted to provide general information about the insurance offered by the travel retailer, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the terms and conditions of the insurance offered by the travel retailer or to evaluate the adequacy of the customer's existing insurance coverage. (C) A travel retailer who is not licensed as an insurance producer may not: (1) evaluate or interpret the technical terms, benefits, and conditions of the offered travel insurance coverage; (2) evaluate or provide advice concerning a prospective purchaser's existing insurance coverage; or (3) hold himself or itself out as a licensed insurer, licensed producer, or insurance expert.

Legislative History

HISTORY: 2016 Act No. 159 (H.4141), SECTION 1, eff July 20, 2016; 2021 Act No. 50 (S.435), SECTION 3, eff May 17, 2021. Effect of Amendment 2021 Act No. 50, SECTION 3, in (A), deleted "business entity" following "travel insurance producer".