LCO No. 125 1 of 40 General Assembly Raised Bill No. 398 February Session, 2024 LCO No. 125 Referred to Committee on INSURANCE AND REAL ESTATE Introduced by: (INS) AN ACT CONCERNING THE REGULATION AND TAXATION OF TRAVEL INSURANCE AND ASSOCIATED ENTITIES, PRODUCTS AND PROFESSIONALS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 38a-1 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2024): 2 Terms used in this title, and sections 3 to 11, inclusive, of this act, 3 unless it appears from the context to the contrary, shall have a scope and 4 meaning as set forth in this section. 5 (1) "Affiliate" or "affiliated" means a person that directly, or indirectly 6 through one or more intermediaries, controls, is controlled by or is 7 under common control with another person. 8 (2) "Alien insurer" means any insurer that has been chartered by or 9 organized or constituted within or under the laws of any jurisdiction or 10 country without the United States. 11 (3) "Annuities" means all agreements to make periodical payments 12 Raised Bill No. 398 LCO No. 125 2 of 40 where the making or continuance of all or some of the series of the 13 payments, or the amount of the payment, is dependent upon the 14 continuance of human life or is for a specified term of years. This 15 definition does not apply to payments made under a policy of life 16 insurance. 17 (4) "Commissioner" means the Insurance Commissioner. 18 (5) "Control", "controlled by" or "under common control with" means 19 the possession, direct or indirect, of the power to direct or cause the 20 direction of the management and policies of a person, whether through 21 the ownership of voting securities, by contract other than a commercial 22 contract for goods or nonmanagement services, or otherwise, unless the 23 power is the result of an official position with the person. 24 (6) "Domestic insurer" means any insurer that has been chartered by, 25 incorporated, organized or constituted within or under the laws of this 26 state. 27 (7) "Domestic surplus lines insurer" means any domestic insurer that 28 has been authorized by the commissioner to write surplus lines 29 insurance. 30 (8) "Foreign country" means any jurisdiction not in any state, district 31 or territory of the United States. 32 (9) "Foreign insurer" means any insurer that has been chartered by or 33 organized or constituted within or under the laws of another state or a 34 territory of the United States. 35 (10) "Insolvency" or "insolvent" means, for any insurer, that it is 36 unable to pay its obligations when they are due, or when its admitted 37 assets do not exceed its liabilities plus the greater of: (A) Capital and 38 surplus required by law for its organization and continued operation; 39 or (B) the total par or stated value of its authorized and issued capital 40 stock. For purposes of this subdivision "liabilities" shall include but not 41 be limited to reserves required by statute or by regulations adopted by 42 Raised Bill No. 398 LCO No. 125 3 of 40 the commissioner in accordance with the provisions of chapter 54 or 43 specific requirements imposed by the commissioner upon a subject 44 company at the time of admission or subsequent thereto. 45 (11) "Insurance" means any agreement to pay a sum of money, 46 provide services or any other thing of value on the happening of a 47 particular event or contingency or to provide indemnity for loss in 48 respect to a specified subject by specified perils in return for a 49 consideration. In any contract of insurance, an insured shall have an 50 interest which is subject to a risk of loss through destruction or 51 impairment of that interest, which risk is assumed by the insurer and 52 such assumption shall be part of a general scheme to distribute losses 53 among a large group of persons bearing similar risks in return for a 54 ratable contribution or other consideration. 55 (12) "Insurer" or "insurance company" includes any person or 56 combination of persons doing any kind or form of insurance business 57 other than a fraternal benefit society, and shall include a receiver of any 58 insurer when the context reasonably permits. 59 (13) "Insured" means a person to whom or for whose benefit an 60 insurer makes a promise in an insurance policy. The term includes 61 policyholders, subscribers, members and beneficiaries. This definition 62 applies only to the provisions of this title and does not define the 63 meaning of this word as used in insurance policies or certificates. 64 (14) "Life insurance" means insurance on human lives and insurances 65 pertaining to or connected with human life. The business of life 66 insurance includes granting endowment benefits, granting additional 67 benefits in the event of death by accident or accidental means, granting 68 additional benefits in the event of the total and permanent disability of 69 the insured, and providing optional methods of settlement of proceeds. 70 Life insurance includes burial contracts to the extent provided by 71 section 38a-464. 72 (15) "Mutual insurer" means any insurer without capital stock, the 73 managing directors or officers of which are elected by its members. 74 Raised Bill No. 398 LCO No. 125 4 of 40 (16) "Person" means an individual, a corporation, a partnership, a 75 limited liability company, an association, a joint stock company, a 76 business trust, an unincorporated organization or other legal entity. 77 (17) "Policy" means any document, including attached endorsements 78 and riders, purporting to be an enforceable contract, which 79 memorializes in writing some or all of the terms of an insurance 80 contract. 81 (18) "State" means any state, district, or territory of the United States. 82 (19) "Subsidiary" of a specified person means an affiliate controlled 83 by the person directly, or indirectly through one or more intermediaries. 84 (20) "Unauthorized insurer" or "nonadmitted insurer" means an 85 insurer that has not been granted a certificate of authority by the 86 commissioner to transact the business of insurance in this state or an 87 insurer transacting business not authorized by a valid certificate. 88 (21) "United States" means the United States of America, its territories 89 and possessions, the Commonwealth of Puerto Rico and the District of 90 Columbia. 91 Sec. 2. Section 38a-398 of the general statutes is repealed and the 92 following is substituted in lieu thereof (Effective October 1, 2024): 93 [(a) As used in] For the purposes of this section and sections 3 to 11, 94 inclusive, of this act: 95 [(1) "Travel insurance" means insurance, provided under an 96 individual or a group or master insurance policy, for the following 97 personal risks incident to planned travel: (A) Interruption or 98 cancellation of a trip or an event; (B) loss of baggage or personal effects; 99 (C) damage to accommodations or rental vehicles; or (D) sickness, 100 accident, disability or death occurring during travel;] 101 (1) "Aggregator web site" means an Internet web site that provides 102 access to information concerning insurance products from more than 103 Raised Bill No. 398 LCO No. 125 5 of 40 one insurer, including, but not limited to, product and insurer 104 information, for use in insurance product comparison shopping. 105 (2) "Blanket travel insurance policy" means a policy of travel 106 insurance issued to an eligible group that provides coverage: (A) For 107 specific classes of persons defined in such policy of travel insurance; and 108 (B) to all members of such eligible group without imposing a separate 109 charge on any individual member of such eligible group. 110 (3) "Cancellation fee waiver" means a contractual agreement between 111 a supplier of travel services and a consumer to waive some or all of the 112 nonrefundable cancellation fee provisions of such supplier's underlying 113 travel contract regardless of the reason for the cancellation or form of 114 reimbursement. 115 (4) "Designated travel retailer" means a travel retailer designated by 116 a limited lines travel insurance producer to offer and disseminate travel 117 insurance to residents of this state on behalf of the limited lines travel 118 insurance producer. 119 (5) "Eligible group" means, with respect to travel insurance, a group 120 of two or more persons who are engaged in a common enterprise or 121 have an economic, educational or social affinity or relationship, 122 including, but not limited to: (A) Any entity that is engaged in the 123 business of providing travel or travel services, including, but not limited 124 to, tour operators, lodging providers, vacation property owners, hotels, 125 resorts, travel clubs, travel agencies, property managers, cultural 126 exchange programs and common carriers, including, but not limited to, 127 airlines, cruise lines, railroads, steamship companies and public bus 128 carriers, provided all members or customers of such group have a 129 common exposure to risk attendant to travel with respect to a particular 130 type of travel or traveler; (B) a college, school or other institution of 131 learning, provided any group or blanket travel insurance policy issued 132 to the college, school or other institution of learning provides coverage 133 for the students, teachers, employees or volunteers of such college, 134 school or institution of higher learning; (C) an employer, provided any 135 Raised Bill No. 398 LCO No. 125 6 of 40 group or blanket travel insurance policy issued to the employer 136 provides coverage for a group of employees, volunteers, contractors, 137 directors, dependents or guests of such employer; (D) a sports team, 138 camp or sponsor of such sports team or camp, provided any group or 139 blanket travel insurance policy issued to such team, camp or sponsor 140 provides coverage for participants, members, campers, employees, 141 officials, supervisors or volunteers of such team, camp or sponsor; (E) a 142 religious, charitable, recreational, educational or civic organization, or 143 branch of such religious, charitable, recreational, educational or civic 144 organization, provided any group or blanket travel insurance policy 145 issued to such organization or branch provides coverage for a group of 146 members, participants or volunteers of such organization or branch; (F) 147 a financial institution or financial institution vendor, or a parent holding 148 company, trustee or agent of, or designated by, one or more financial 149 institutions or financial institution vendors, including, but not limited 150 to, account holders, credit card holders, debtors, guarantors or 151 purchasers; (G) an incorporated or unincorporated association, 152 including, but not limited to, a labor union, that has a common interest, 153 constitution and bylaws and is maintained, in good faith, for a purpose 154 other than obtaining insurance for members of, or participants in, such 155 association covering the members of such association; (H) a trust or the 156 trustees of a fund subject to approval by the commissioner and 157 established, created or maintained for the benefit of, and covering, 158 members, employees or customers of one or more of the associations 159 described in subparagraph (G) of this subdivision; (I) an entertainment 160 production company, provided any group or blanket travel insurance 161 policy issued to the entertainment production company provides 162 coverage for a group of participants, volunteers, audience members, 163 contestants or workers of such entertainment production company; (J) a 164 volunteer fire department, police department, ambulance service, first 165 aid service, rescue service, court or civil defense organization, or any 166 similar voluntary group; (K) a preschool, day care institution for 167 children or adults or a senior citizen club; (L) an automobile or truck 168 rental or leasing company covering, under a group or blanket travel 169 insurance policy, a group of individuals who may become renters or 170 Raised Bill No. 398 LCO No. 125 7 of 40 lessees of, or passengers on, a rented or leased automobile or truck due 171 to their travel status on such rented or leased automobile or truck, 172 provided the common carrier, operator, owner or lessor of the rented or 173 leased automobile or truck, or the automobile or truck rental or leasing 174 company, is the policyholder of the group or blanket travel insurance 175 policy providing such coverage; or (M) any other group if the 176 commissioner determines, in the commissioner's discretion, that issuing 177 a group or blanket travel insurance policy to such group is consistent 178 with the public interest. 179 (6) "Fulfillment materials" means documentation sent to a purchaser 180 of a travel protection plan that (A) confirms purchase of such travel 181 protection plan, and (B) provides the coverage and assistance details for 182 such travel protection plan. 183 (7) "Group travel insurance" means travel insurance issued to an 184 eligible group. 185 [(2)] (8) "Limited lines travel insurance producer" means [an 186 individual who or business entity that is authorized under subsection 187 (b) of this section to sell, solicit or negotiate travel insurance;] a (A) 188 licensed managing general agent, as defined in section 38a-90a, or third-189 party administrator licensed pursuant to section 38a-720j, (B) licensed 190 insurance producer, including a limited lines producer, designated by 191 an insurer as the travel insurance supervising entity, or (C) travel 192 administrator. 193 [(3) "Offer and disseminate,"] (9) "Offer and disseminate" means, with 194 respect to travel insurance, [means] the provision of general information 195 about or general services for travel insurance, including: (A) A 196 description of the coverage and price of a travel [insurance policy] 197 protection plan; (B) the processing of an application for a travel 198 [insurance policy] protection plan; (C) the collection of a premium for a 199 travel [insurance policy] protection plan; or (D) the performance of other 200 activities not requiring a license and permitted in this state concerning 201 a travel [insurance policy;] protection plan. 202 Raised Bill No. 398 LCO No. 125 8 of 40 (10) "Primary certificate holder" means an individual who elects 203 coverage under and purchases travel insurance provided under a policy 204 of group travel insurance. 205 (11) "Primary policyholder" means an individual who elects and 206 purchases travel insurance provided under an individual policy of 207 travel insurance. 208 (12) "Travel administrator" means a person who, directly or 209 indirectly, underwrites travel insurance, collects charges, collateral or 210 premiums in connection with travel insurance or adjusts or settles travel 211 insurance claims for residents of this state, unless such person: (A) 212 Works for, and to the extent that such person's activities are subject to 213 the supervision and control of, a travel administrator; (B) is a licensed 214 insurance producer selling insurance or engaged in administrative and 215 claims-related activities within the scope of such insurance producer's 216 license; (C) is a designated travel retailer; (D) is an individual adjusting 217 or settling claims in such individual's normal course of business or 218 practice, or a lawyer settling a client's claim and who does not collect 219 charges or premiums in connection with insurance transactions; or (E) 220 is a business entity affiliated with a licensed insurer and administering 221 the direct and assumed travel insurance business of such licensed 222 affiliated insurer. 223 (13) "Travel assistance services" means any noninsurance services for 224 which a consumer is not indemnified based on a fortuitous event and 225 where providing such noninsurance services does not transfer or shift 226 any risk in a manner that constitutes the business of insurance, 227 including, but not limited to: (A) Security advisories; (B) destination 228 information; (C) vaccination and immunization information services; 229 (D) travel reservation services; (E) entertainment; (F) activity and event 230 planning; (G) translation assistance; (H) emergency messaging; (I) 231 international legal and medical referrals; (J) medical case monitoring; 232 (K) transportation arrangement coordination; (L) emergency cash 233 transfer assistance; (M) medical prescription replacement assistance; (N) 234 passport and other travel document replacement assistance; (O) lost 235 Raised Bill No. 398 LCO No. 125 9 of 40 luggage assistance; (P) concierge services; and (Q) any service furnished 236 in connection with planned travel. 237 (14) (A) "Travel insurance" means insurance, provided under an 238 individual, group or blanket insurance policy, for the following 239 personal risks incident to planned travel: (i) Interruption or cancellation 240 of a trip or an event; (ii) loss of baggage or personal effects; (iii) damage 241 to accommodations or rental vehicles; (iv) sickness, accident, disability 242 or death occurring during travel; (v) emergency evacuation; (vi) 243 repatriation of remains; or (vii) any other contractual obligation to 244 indemnify or pay a specified amount to a traveler upon determinable 245 contingencies that are related to travel as approved by the 246 commissioner. 247 (B) "Travel insurance" does not include: (i) Major medical plans that 248 provide comprehensive medical protection for a traveler with a trip 249 lasting longer than six months, including, but not limited to, a traveler 250 working or residing outside of the United States as an expatriate; (ii) a 251 product that requires a specific insurance producer license; (iii) a 252 cancellation fee waiver; or (iv) travel assistance services. 253 (15) "Travel protection plan" means a plan that includes travel 254 insurance, travel assistance services or a cancellation fee waiver. 255 [(4)] (16) "Travel retailer" means a business entity that makes, 256 arranges or offers travel services. [; and] 257 [(5) "Designated travel retailer" means a travel retailer designated by 258 a limited lines travel insurance producer to offer and disseminate travel 259 insurance to residents of this state on such producer's behalf. 260 (b) (1) (A) Any individual or business entity that wishes to act as a 261 limited lines travel insurance producer in this state may apply to the 262 Insurance Commissioner for authorization to act as a limited lines travel 263 insurance producer and to sell, solicit or negotiate travel insurance 264 through an insurance company licensed or authorized to do business in 265 this state. Such application shall be submitted on such form and in such 266 Raised Bill No. 398 LCO No. 125 10 of 40 manner as prescribed by the commissioner and shall be accompanied 267 by the fee required under section 38a-11. The commissioner shall not 268 approve such application unless (i) the applicant has paid all applicable 269 filing and licensing fees required under this title, and (ii) for an applicant 270 that is a business entity, the employee designated pursuant to 271 subparagraph (A) of subdivision (3) of this subsection and the president, 272 secretary, treasurer and any other officer or individual who directs or 273 controls the insurance operations of the applicant has complied with 274 any fingerprinting requirements applicable to insurance producers in 275 the resident state of the applicant. 276 (B) The commissioner may approve or deny such application. Any 277 such authorization shall be in force until the commissioner suspends or 278 revokes such authorization or the commissioner suspends, revokes or 279 refuses to renew the individual's or insurance company's license or 280 authorization to do business in this state. 281 (2) Each limited lines travel insurance producer that is a business 282 entity shall, at the time such application is approved by the 283 commissioner, establish and maintain a registry, on a form prescribed 284 by the commissioner, of its designated travel retailers. Such producer 285 shall update the registry annually and shall include: (A) The name, 286 address and contact information of each designated travel retailer; (B) 287 the name, address and contact information of an officer or individual 288 who directs or controls each designated travel retailer's operations; (C) 289 the federal tax identification number of each designated travel retailer; 290 and (D) a certification by such producer that the designated travel 291 retailer has not engaged in conduct prohibited under 18 USC 1033, as 292 amended from time to time. Upon request by the commissioner, a 293 limited lines travel insurance producer shall make such registry 294 available to the commissioner or the commissioner's designee for 295 inspection and examination during the regular business hours of such 296 limited lines travel insurance producer. 297 (3) (A) Each limited lines travel insurance producer that is a business 298 entity shall designate an employee, who is an insurance producer 299 Raised Bill No. 398 LCO No. 125 11 of 40 licensed in this state, as the individual responsible for the limited lines 300 travel insurance producer's compliance with this section, including 301 supervision of its designated travel retailers. 302 (B) Each limited lines travel insurance producer that is a business 303 entity shall be responsible for the acts of its designated travel retailers 304 and shall use reasonable means to ensure each designated travel 305 retailer's compliance with this section. 306 (4) Each limited lines travel insurance producer that is a business 307 entity shall require each employee and authorized representative of its 308 designated travel retailers to receive instruction or training on the offer 309 and dissemination of travel insurance. Such instruction or training may 310 be subject to review by the commissioner and shall include, at a 311 minimum, information about (A) the types of travel insurance offered 312 through the travel retailer, (B) ethical sales practices, and (C) required 313 disclosures to prospective insureds. 314 (5) Each limited lines travel insurance producer that is a business 315 entity or designated travel retailer shall provide to purchasers of a travel 316 insurance policy: (A) A description or a copy of the material terms of 317 such policy; (B) a description of the process for filing a claim under such 318 policy; (C) a description of the process for the review or cancellation of 319 such policy; and (D) the identity of and contact information for the 320 insurance company issuing such policy and the limited lines travel 321 insurance producer. 322 (c) (1) A travel retailer that does not employ a licensed insurance 323 producer or is not licensed or authorized to transact the business of 324 insurance in this state may offer and disseminate travel insurance to 325 residents of this state, if (A) it is a designated travel retailer, and (B) its 326 travel insurance-related activities are limited to those authorized under 327 this section. 328 (2) A travel retailer shall make available to prospective insureds 329 brochures or other written materials that: (A) Provide the identity of and 330 contact information for the insurance company issuing the travel 331 Raised Bill No. 398 LCO No. 125 12 of 40 insurance policy and the limited lines travel insurance producer; (B) 332 explain that the purchase of travel insurance is not required to purchase 333 any other product or service from the travel retailer; and (C) explain that 334 such travel retailer is permitted to provide general information about 335 the travel insurance offered through the travel retailer, including a 336 description of the coverage and price, but is not qualified or authorized 337 to answer questions about the terms and conditions of such travel 338 insurance or evaluate the adequacy of the prospective insured's existing 339 insurance coverage. 340 (3) A designated travel retailer may receive compensation from a 341 limited lines travel insurance producer or the insurance company 342 issuing a travel insurance policy for services related to the offer and 343 dissemination of travel insurance as agreed to by such designated travel 344 retailer and such limited lines travel insurance producer or insurance 345 company. 346 (4) An employee or authorized representative of a travel retailer shall 347 not be required to be licensed as an insurance producer unless such 348 employee or authorized representative: (A) Evaluates or interprets the 349 terms, benefits or conditions of travel insurance offered by the travel 350 retailer; (B) evaluates or provides advice regarding a prospective 351 insured's existing insurance coverage; or (C) holds himself or herself out 352 as a licensed insurance producer or an insurance expert. 353 (d) (1) A violation of this section by a limited lines travel insurance 354 producer shall be deemed an unfair or deceptive insurance practice 355 under section 38a-816. 356 (2) A violation of this section by a travel retailer shall be deemed an 357 unfair or deceptive trade practice under subsection (a) of section 42-358 110b.] 359 Sec. 3. (NEW) (Effective October 1, 2024) (a) Travel insurance shall be 360 classified and filed in this state, for the purposes of rates and forms, 361 under an inland marine line of insurance, except if travel insurance 362 provides coverage for sickness, accident, disability or death occurring 363 Raised Bill No. 398 LCO No. 125 13 of 40 during travel, either exclusively or in conjunction with related 364 coverages of emergency evacuation or repatriation of remains, or 365 incidental limited property and casualty benefits such as baggage or trip 366 cancellation, such travel insurance may be filed in this state under either 367 an accident and health line of insurance or an inland marine line of 368 insurance. 369 (b) Each insurance company licensed to issue travel insurance 370 policies in this state may develop eligibility and underwriting standards 371 for travel insurance based on travel protection plans designed for 372 individual or identified marketing or distribution channels, provided 373 such standards meet this state's underwriting standards for inland 374 marine lines of insurance. 375 Sec. 4. (NEW) (Effective October 1, 2024) (a) (1) Except as provided in 376 subdivision (2) of this subsection, no individual or business entity shall 377 act as a limited lines travel insurance producer, and no travel retailer 378 shall act as a designated travel retailer, in this state except in accordance 379 with the provisions of this section and sections 5, 7, 9 and 10 of this act. 380 (2) Notwithstanding any provision of this section, each insurance 381 producer licensed for a major line of authority in this state shall be 382 deemed to have been authorized to sell, solicit and negotiate travel 383 insurance in this state, and no insurance producer licensed for property 384 and casualty insurance lines in this state shall be required to seek 385 authorization to sell, solicit or negotiate travel insurance through an 386 insurer licensed or authorized to do insurance business in this state. 387 (b) (1) (A) Except as provided in subdivision (2) of subsection (a) of 388 this section, any individual or business entity that wishes to act as a 389 limited lines travel insurance producer in this state may apply to the 390 commissioner for annual authorization to act as a limited lines travel 391 insurance producer and to sell, solicit or negotiate travel insurance 392 through an insurer licensed or authorized to do insurance business in 393 this state. Such application shall be submitted on such form and in such 394 manner as prescribed by the commissioner and shall be accompanied 395 Raised Bill No. 398 LCO No. 125 14 of 40 by the fee required under section 38a-11 of the general statutes, as 396 amended by this act. The commissioner shall not approve such 397 application unless: (i) The applicant has paid (I) all applicable filing fees 398 and licensing fees required under title 38a of the general statutes, and 399 (II) the licensing fee under section 38a-11 of the general statutes, as 400 amended by this act, and (ii) for an applicant that is a business entity, 401 the employee designated pursuant to subparagraph (A) of subdivision 402 (3) of this subsection and the president, secretary, treasurer and any 403 other officer or individual who directs or controls the insurance 404 operations of the applicant has complied with any fingerprinting 405 requirements applicable to insurance producers in the resident state of 406 the applicant. 407 (B) The commissioner may approve or deny any application 408 submitted pursuant to subparagraph (A) of this subdivision. Any 409 authorization approved by the commissioner shall be in force until the 410 day immediately preceding the anniversary date of such authorization, 411 the date on which the commissioner suspends or revokes such 412 authorization in accordance with the provisions of section 9 of this act 413 or the commissioner suspends, revokes or refuses to renew the license 414 of the insurer through which the limited lines travel insurance producer 415 is selling, soliciting or negotiating travel insurance in this state, 416 whichever first occurs. 417 (2) Each limited lines travel insurance producer that is a business 418 entity shall, at the time such application is approved by the 419 commissioner, establish and maintain a registry, on a form prescribed 420 by the commissioner, of its designated travel retailers. Such limited lines 421 travel insurance producer shall update the registry annually and shall 422 include: (A) The name, address and contact information of each 423 designated travel retailer; (B) the name, address and contact information 424 of an officer or individual who directs or controls each designated travel 425 retailer's operations; (C) the federal tax identification number of each 426 designated travel retailer; and (D) a certification by such limited lines 427 travel insurance producer that the designated travel retailer has not 428 engaged in conduct prohibited under 18 USC 1033, as amended from 429 Raised Bill No. 398 LCO No. 125 15 of 40 time to time. Upon request by the commissioner, a limited lines travel 430 insurance producer shall make such registry available to the 431 commissioner or the commissioner's designee for inspection and 432 examination during the regular business hours of such limited lines 433 travel insurance producer. 434 (3) (A) Each limited lines travel insurance producer that is a business 435 entity shall designate an employee, who is an insurance producer 436 licensed in this state, as the individual responsible for the limited lines 437 travel insurance producer's compliance with this section and sections 5, 438 7, 9 and 10 of this act, including supervision of its designated travel 439 retailers. 440 (B) Each limited lines travel insurance producer that is a business 441 entity shall be responsible for the acts of such limited lines travel 442 insurance producer's designated travel retailers and shall use 443 reasonable means to ensure each designated travel retailer's compliance 444 with this section and sections 5, 7, 9 and 10 of this act. 445 (4) Each limited lines travel insurance producer that is a business 446 entity shall require each employee and authorized representative of its 447 designated travel retailers to receive instruction or training on the offer 448 and dissemination of travel insurance. Such instruction or training may 449 be subject to review by the commissioner and shall include, at a 450 minimum, information about: (A) The types of travel insurance offered 451 through the designated travel retailer; (B) ethical sales practices; and (C) 452 required disclosures to consumers. 453 (5) Each limited lines travel insurance producer that is a business 454 entity or designated travel retailer shall provide to purchasers of a 455 policy of travel insurance: (A) A description or a copy of the material 456 terms of such policy; (B) a description of the process for filing a claim 457 under such policy; (C) a description of the process for the review or 458 cancellation of such policy; and (D) the identity of and contact 459 information for the insurer issuing such policy and the limited lines 460 travel insurance producer. 461 Raised Bill No. 398 LCO No. 125 16 of 40 (c) (1) A travel retailer that does not employ a licensed insurance 462 producer or is not licensed or authorized to transact the business of 463 insurance in this state may offer and disseminate travel insurance to 464 residents of this state, if: (A) Such travel retailer is a designated travel 465 retailer, and (B) such designated travel retailer's travel insurance-related 466 activities are limited to those authorized under this section. 467 (2) A designated travel retailer shall make available to consumers 468 brochures or other written materials that: (A) Provide the identity of, 469 and contact information for, the insurer issuing the policy of travel 470 insurance and the limited lines travel insurance producer; (B) explain 471 that the purchase of travel insurance is not required to purchase any 472 other product or service from the designated travel retailer; and (C) 473 explain that such designated travel retailer is permitted to provide 474 general information about the travel insurance offered through such 475 designated travel retailer, including, but not limited to, a description of 476 the coverage and price, but is not qualified or authorized to answer 477 technical questions about the terms and conditions of such travel 478 insurance or evaluate the adequacy of the consumer's existing insurance 479 coverage. 480 (3) A designated travel retailer may receive compensation from a 481 limited lines travel insurance producer or the insurer issuing a policy of 482 travel insurance for services related to the offer and dissemination of 483 travel insurance as agreed to by such designated travel retailer and such 484 limited lines travel insurance producer or insurer. 485 (4) An employee or authorized representative of a travel retailer shall 486 not be required to be licensed as an insurance producer unless such 487 employee or authorized representative: (A) Evaluates or interprets the 488 technical terms, benefits or conditions of travel insurance offered by the 489 travel retailer; (B) evaluates or provides advice regarding a consumer's 490 existing insurance coverage; or (C) holds himself or herself out as a 491 licensed insurer, licensed insurance producer or an insurance expert. 492 Sec. 5. (NEW) (Effective October 1, 2024) (a) (1) All documents 493 Raised Bill No. 398 LCO No. 125 17 of 40 provided to a consumer prior to the purchase of a policy of travel 494 insurance, including, but not limited to, sales materials, advertising 495 materials and marketing materials, shall be consistent with the policy of 496 travel insurance, including, but not limited to, forms, endorsements, 497 policies, rate filings and certificates of insurance. 498 (2) If a policy or certificate of travel insurance contains any 499 preexisting condition exclusion, information concerning, and an 500 opportunity to learn more about, such preexisting condition exclusion 501 shall be provided to a consumer at any time prior to the time that the 502 consumer purchases such policy or certificate of travel insurance, and 503 any such preexisting condition exclusion shall be provided to a 504 consumer in the fulfillment materials for a travel protection plan that 505 includes travel insurance. 506 (3) (A) If a consumer purchases a travel protection plan in this state, 507 the following shall be provided to the consumer as soon as practicable 508 following the time that such consumer purchases such travel protection 509 plan: 510 (i) The fulfillment materials for such travel protection plan; 511 (ii) A description, or a copy of, the material terms of any travel 512 insurance coverage included in such travel protection plan; 513 (iii) A description of the process for filing a claim under any travel 514 insurance coverage included in such travel protection plan; 515 (iv) A description of the process for review or cancellation of any 516 travel insurance coverage included in such travel protection plan; and 517 (v) The identity of, and contact information for, the insurer issuing 518 any travel insurance coverage included in such travel protection plan 519 and the limited lines travel insurance producer. 520 (B) Unless a consumer insured under travel insurance coverage 521 included in a travel protection plan departs on a covered trip, or files a 522 claim under such coverage, the consumer may cancel the policy or 523 Raised Bill No. 398 LCO No. 125 18 of 40 certificate for a full refund of the travel protection plan price from the 524 date of purchase of the travel protection plan until at least: 525 (i) Fifteen days following the date of delivery of such travel protection 526 plan's fulfillment materials by mail; or 527 (ii) Ten days following the date of delivery of such travel protection 528 plan's fulfillment materials by any means other than mail. For the 529 purposes of this clause and subparagraph (B)(i) of subdivision (3) of 530 subsection (a) of this section, "delivery" means any method of delivery 531 used in conventional commercial practice, including delivery by hand, 532 mail, commercial delivery and electronic transmission. 533 (4) The fulfillment materials for a travel protection plan, and the 534 documents concerning any travel insurance coverage included in the 535 travel protection plan, shall disclose whether the travel insurance 536 coverage included in such travel protection plan is primary or 537 secondary to other applicable coverage. 538 (b) No person offering, soliciting or negotiating travel insurance or 539 travel protection plans to consumers in this state on an individual or 540 group basis may do so by using a negative option or opt-out, which 541 would require a consumer to take an affirmative action to deselect travel 542 insurance coverage, by, for example, unchecking a box on an electronic 543 form, when the consumer purchases a trip. 544 Sec. 6. (NEW) (Effective October 1, 2024) (a) No person shall act as, or 545 hold itself out to be, a travel administrator in this state unless such 546 person is: 547 (1) An insurance producer licensed for property and casualty 548 insurance lines in this state; 549 (2) A managing general agent, as defined in section 38a-90a of the 550 general statutes, that is licensed as an insurance producer and holds an 551 appointment by an insurer in this state; or 552 (3) A third-party administrator licensed pursuant to section 38a-720j 553 Raised Bill No. 398 LCO No. 125 19 of 40 of the general statutes. 554 (b) Each insurer shall be responsible for the conduct of each travel 555 administrator administering travel insurance in this state underwritten 556 by such insurer, and shall ensure that each such travel administrator 557 maintains, and makes available to the commissioner upon request, all 558 books and records relevant to such insurer. 559 Sec. 7. (NEW) (Effective October 1, 2024) A travel protection plan may 560 be offered to a consumer in this state for a single price reflecting any 561 combined features offered by the travel protection plan if: 562 (1) Such travel protection plan: 563 (A) Discloses to the consumer, at or before the time of purchase, that 564 such travel protection plan includes travel insurance, travel assistance 565 services and cancellation fee waivers, as applicable, and that such 566 consumer may obtain additional information regarding the individual 567 features and pricing of such travel insurance, travel assistance services 568 and cancellation fee waivers, as applicable; and 569 (B) Provides to the consumer, at or before the time of purchase, an 570 opportunity to obtain the additional information described in 571 subparagraph (A) of this subdivision; and 572 (2) The fulfillment materials for such travel protection plan: 573 (A) Describe and delineate the travel insurance, travel assistance 574 services and cancellation fee waivers, if any, in such travel protection 575 plan; and 576 (B) Include any required disclosure concerning the travel insurance 577 coverage included in such travel protection plan, if any, and the contact 578 information for the persons providing the travel assistance services and 579 cancellation fee waivers included in such travel protection plan, if any. 580 Sec. 8. (NEW) (Effective October 1, 2024) (a) (1) Except as provided in 581 subdivision (2) of this subsection, travel insurance written by a domestic 582 Raised Bill No. 398 LCO No. 125 20 of 40 insurer shall be subject to the tax imposed under section 12-202 of the 583 general statutes, and travel insurance written by an alien insurer or 584 foreign insurer shall be subject to the tax imposed under section 12-210 585 of the general statutes, for travel insurance premiums paid by: 586 (A) The primary policyholder of an individual policy of travel 587 insurance if such primary policyholder is a resident of this state; 588 (B) The primary certificate holder of a policy of group travel 589 insurance if such primary certificate holder is a resident of this state; or 590 (C) A policyholder of a blanket travel insurance policy if the 591 policyholder is a resident of this state, maintains such policyholder's 592 principal place of business in this state or an affiliate or subsidiary of 593 such policyholder maintains such affiliate's or subsidiary's principal 594 place of business in this state. 595 (2) If a domestic insurer, alien insurer or foreign insurer that writes a 596 blanket travel insurance policy described in subparagraph (C) of 597 subdivision (1) of this subsection is subject to rules across multiple 598 taxing jurisdictions that permit such insurer to allocate premiums across 599 such jurisdictions on an apportioned basis and in a reasonable and 600 equitable manner, such insurer's liability under said subparagraph shall 601 be subject to such premium allocation. 602 (b) Each domestic insurer, alien insurer and foreign insurer that is 603 subject to the provisions of subsection (a) of this section shall: 604 (1) Document the state in which each primary policyholder, primary 605 certificate holder, policyholder, affiliate or subsidiary described in 606 subsection (a) of this section maintains such primary policyholder's, 607 primary certificate holder's, policyholder's, affiliate's or subsidiary's 608 primary residence or principal place of business, as applicable; and 609 (2) Report as premium only the amount allocable to travel insurance 610 and not any amounts received for travel assistance services or 611 cancellation fee waivers. 612 Raised Bill No. 398 LCO No. 125 21 of 40 Sec. 9. (NEW) (Effective October 1, 2024) (a) The commissioner may 613 suspend, revoke or refuse to issue or renew authorization to act as a 614 limited lines travel insurance producer, or prohibit a travel retailer from 615 acting as a designated travel retailer, in this state or may levy a civil 616 penalty in accordance with the provisions of title 38a of the general 617 statutes, or may take any combination of such actions, for any one or 618 more of the following causes: 619 (1) For a limited lines travel insurance producer, providing incorrect, 620 misleading, incomplete or materially untrue information to the 621 commissioner in an application for authorization to act as a limited lines 622 travel insurance producer; 623 (2) Violating any insurance law, or violating any regulation, 624 subpoena or order of the commissioner or of another state's insurance 625 commissioner; 626 (3) For a limited lines travel insurance producer, obtaining or 627 attempting to obtain authorization from the commissioner to act as a 628 limited lines travel insurance producer through misrepresentation or 629 fraud; 630 (4) Improperly withholding, misappropriating or converting any 631 moneys or properties received in the course of doing business in this 632 state; 633 (5) Intentionally misrepresenting the terms of actual or proposed 634 travel insurance coverage or an application for such coverage; 635 (6) Having been convicted of a felony; 636 (7) Having admitted or been found to have committed any insurance 637 unfair trade practice or fraud; 638 (8) Using fraudulent, coercive or dishonest practices, or 639 demonstrating incompetence, untrustworthiness or financial 640 irresponsibility in the conduct of business in this state or elsewhere; 641 Raised Bill No. 398 LCO No. 125 22 of 40 (9) For a limited lines travel insurance producer, having 642 authorization to act as a limited lines travel insurance producer, or its 643 equivalent, denied, suspended or revoked in any other state, province, 644 district or territory; 645 (10) Forging another's name to an application for travel insurance 646 coverage or to any document related to a travel insurance transaction; 647 (11) Failing to comply with an administrative or court order imposing 648 a child support obligation; or 649 (12) Failing to pay income tax pursuant to chapter 229 of the general 650 statutes or comply with any administrative or court order directing 651 payment of state income tax. 652 (b) If the action by the commissioner is to refuse to renew 653 authorization to act as a limited lines travel insurance producer or to 654 deny an application for an authorization to act as a limited lines travel 655 insurance producer, the commissioner shall notify the applicant or 656 limited lines travel insurance producer, as applicable, and advise, in 657 writing, the applicant or limited lines travel insurance producer, as 658 applicable, of the reason for the commissioner's denial or refusal to 659 renew such authorization. The applicant or limited lines travel 660 insurance producer, as applicable, may make written demand upon the 661 commissioner, not later than thirty days after the notice, for a hearing 662 before the commissioner to determine the reasonableness of the 663 commissioner's action. The hearing shall be held not later than twenty 664 days after receipt of such request and shall be held in accordance with 665 section 38a-19 of the general statutes. 666 (c) A business entity's authority to act as a limited lines travel 667 insurance producer or designated travel retailer in this state may be 668 suspended, revoked or refused if the commissioner finds, after a 669 hearing, that an individual employee's or authorized representative's 670 violation was known or should have been known by one or more of the 671 partners, officers or managers acting on behalf of the business entity and 672 the violation was neither reported to the commissioner nor was any 673 Raised Bill No. 398 LCO No. 125 23 of 40 corrective action taken. 674 (d) The commissioner shall retain the authority to enforce the 675 provisions of, and impose any penalty or remedy authorized by, any 676 provision of title 38a of the general statutes against any person who is 677 under investigation for or charged with a violation of title 38a of the 678 general statutes even if the person's license, authorization, designation 679 or registration has been surrendered or has lapsed by operation of law. 680 Sec. 10. (NEW) (Effective October 1, 2024) (a) Except as provided in 681 subsections (b) and (c) of this section, each of the following shall be 682 deemed an unfair or deceptive insurance practice under section 38a-816 683 of the general statutes, as amended by this act: 684 (1) Any violation of a provision of section 4, 5, 7 or 9 of this act by a 685 limited lines travel insurance producer if such provision is applicable to 686 the limited lines travel insurance producer; 687 (2) Any violation of a provision of section 6 or 8 of this act by an 688 insurer if such provision is applicable to such insurer; 689 (3) Offering or selling a policy of travel insurance in this state that is 690 never required to pay a claim; and 691 (4) Marketing that coverage under a blanket travel insurance policy 692 is provided free of charge. 693 (b) Except as provided in subsection (c) of this section, each of the 694 following shall be deemed an unfair or deceptive trade practice under 695 subsection (a) of section 42-110b of the general statutes: 696 (1) Any violation of a provision of section 4, 5, 7 or 9 of this act by a 697 travel retailer or designated travel retailer if such provision is applicable 698 to the travel retailer or designated travel retailer; and 699 (2) Any violation of a provision of section 6 of this act by a travel 700 administrator if such provision is applicable to the travel administrator. 701 Raised Bill No. 398 LCO No. 125 24 of 40 (c) It shall not be an unfair or deceptive insurance practice under 702 section 38a-816 of the general statutes, as amended by this act, or an 703 unfair or deceptive trade practice under subsection (a) of section 42-110b 704 of the general statutes: 705 (1) If a consumer's destination jurisdiction requires insurance 706 coverage, to require the consumer to choose one of the following options 707 as a condition to purchasing a trip or travel package: 708 (A) Purchasing the coverage required by such destination jurisdiction 709 through the designated travel retailer or limited lines travel insurance 710 producer supplying the trip or travel package; or 711 (B) Agreeing to obtain and provide proof of coverage that meets the 712 destination jurisdiction's requirements prior to the time that the 713 consumer departs for such trip or travel; or 714 (2) If travel insurance coverage is directly marketed to a consumer 715 through an insurer's Internet web site or an aggregator web site and the 716 consumer may access all provisions of such travel insurance coverage 717 by electronic means, and an accurate summary or short description of 718 such travel insurance coverage is provided on the insurer's Internet web 719 site or aggregator web site. 720 Sec. 11. (NEW) (Effective October 1, 2024) The commissioner may 721 adopt regulations, in accordance with chapter 54 of the general statutes, 722 to implement the provisions of section 38a-398 of the general statutes, 723 as amended by this act, and sections 3 to 10, inclusive, of this act. 724 Sec. 12. Subsection (a) of section 38a-11 of the 2024 supplement to the 725 general statutes is repealed and the following is substituted in lieu 726 thereof (Effective October 1, 2024): 727 (a) The commissioner shall demand and receive the following fees: 728 (1) For the annual fee for each license issued to a domestic insurance 729 company, two hundred dollars; (2) for receiving and filing annual 730 reports of domestic insurance companies, fifty dollars; (3) for filing all 731 Raised Bill No. 398 LCO No. 125 25 of 40 documents prerequisite to the issuance of a license to an insurance 732 company, two hundred twenty dollars, except that the fee for such 733 filings by any health care center, as defined in section 38a-175, shall be 734 one thousand three hundred fifty dollars; (4) for filing any additional 735 paper required by law, thirty dollars; (5) for each certificate of valuation, 736 organization, reciprocity or compliance, forty dollars; (6) for each 737 certified copy of a license to a company, forty dollars; (7) for each 738 certified copy of a report or certificate of condition of a company to be 739 filed in any other state, forty dollars; (8) for amending a certificate of 740 authority, two hundred dollars; (9) for each license issued to a rating 741 organization, two hundred dollars. In addition, insurance companies 742 shall pay any fees imposed under section 12-211; (10) a filing fee of fifty 743 dollars for each initial application for a license made pursuant to section 744 38a-769; (11) with respect to insurance agents' appointments: (A) A 745 filing fee of fifty dollars for each request for any agent appointment, 746 except that no filing fee shall be payable for a request for agent 747 appointment by an insurance company domiciled in a state or foreign 748 country which does not require any filing fee for a request for agent 749 appointment for a Connecticut insurance company; (B) a fee of one 750 hundred dollars for each appointment issued to an agent of a domestic 751 insurance company or for each appointment continued; and (C) a fee of 752 eighty dollars for each appointment issued to an agent of any other 753 insurance company or for each appointment continued, except that (i) 754 no fee shall be payable for an appointment issued to an agent of an 755 insurance company domiciled in a state or foreign country which does 756 not require any fee for an appointment issued to an agent of a 757 Connecticut insurance company, and (ii) the fee shall be twenty dollars 758 for each appointment issued or continued to an agent of an insurance 759 company domiciled in a state or foreign country with a premium tax 760 rate below Connecticut's premium tax rate; (12) with respect to 761 insurance producers: (A) An examination fee of fifteen dollars for each 762 examination taken, except when a testing service is used, the testing 763 service shall pay a fee of fifteen dollars to the commissioner for each 764 examination taken by an applicant; (B) a fee of eighty dollars for each 765 license issued; (C) a fee of eighty dollars per year, or any portion thereof, 766 Raised Bill No. 398 LCO No. 125 26 of 40 for each license renewed; and (D) a fee of eighty dollars for any license 767 renewed under the transitional process established in section 38a-784; 768 (13) with respect to public adjusters: (A) An examination fee of fifteen 769 dollars for each examination taken, except when a testing service is 770 used, the testing service shall pay a fee of fifteen dollars to the 771 commissioner for each examination taken by an applicant; and (B) a fee 772 of two hundred fifty dollars for each license issued or renewed; (14) with 773 respect to casualty claims adjusters: (A) An examination fee of twenty 774 dollars for each examination taken, except when a testing service is 775 used, the testing service shall pay a fee of twenty dollars to the 776 commissioner for each examination taken by an applicant; (B) a fee of 777 eighty dollars for each license issued or renewed; and (C) the expense of 778 any examination administered outside the state shall be the 779 responsibility of the entity making the request and such entity shall pay 780 to the commissioner two hundred dollars for such examination and the 781 actual traveling expenses of the examination administrator to 782 administer such examination; (15) with respect to motor vehicle 783 physical damage appraisers: (A) An examination fee of eighty dollars 784 for each examination taken, except when a testing service is used, the 785 testing service shall pay a fee of eighty dollars to the commissioner for 786 each examination taken by an applicant; (B) a fee of eighty dollars for 787 each license issued or renewed; and (C) the expense of any examination 788 administered outside the state shall be the responsibility of the entity 789 making the request and such entity shall pay to the commissioner two 790 hundred dollars for such examination and the actual traveling expenses 791 of the examination administrator to administer such examination; (16) 792 with respect to certified insurance consultants: (A) An examination fee 793 of twenty-six dollars for each examination taken, except when a testing 794 service is used, the testing service shall pay a fee of twenty-six dollars to 795 the commissioner for each examination taken by an applicant; (B) a fee 796 of two hundred fifty dollars for each license issued; and (C) a fee of two 797 hundred fifty dollars for each license renewed; (17) with respect to 798 surplus lines brokers: (A) An examination fee of twenty dollars for each 799 examination taken, except when a testing service is used, the testing 800 service shall pay a fee of twenty dollars to the commissioner for each 801 Raised Bill No. 398 LCO No. 125 27 of 40 examination taken by an applicant; and (B) a fee of six hundred twenty-802 five dollars for each license issued or renewed; (18) with respect to 803 fraternal agents, a fee of eighty dollars for each license issued or 804 renewed; (19) a fee of twenty-six dollars for each license certificate 805 requested, whether or not a license has been issued; (20) with respect to 806 domestic and foreign benefit societies shall pay: (A) For service of 807 process, fifty dollars for each person or insurer to be served; (B) for filing 808 a certified copy of its charter or articles of association, fifteen dollars; (C) 809 for filing an annual statement or report, twenty dollars; and (D) for filing 810 any additional paper required by law, fifteen dollars; (21) with respect 811 to foreign benefit societies: (A) For each certificate of organization or 812 compliance, fifteen dollars; (B) for each certified copy of permit, fifteen 813 dollars; and (C) for each copy of a report or certificate of condition of a 814 society to be filed in any other state, fifteen dollars; (22) with respect to 815 reinsurance intermediaries, a fee of six hundred twenty-five dollars for 816 each license issued or renewed; (23) with respect to life settlement 817 providers: (A) A filing fee of twenty-six dollars for each initial 818 application for a license made pursuant to section 38a-465a; and (B) a 819 fee of forty dollars for each license issued or renewed; (24) with respect 820 to life settlement brokers: (A) A filing fee of twenty-six dollars for each 821 initial application for a license made pursuant to section 38a-465a; and 822 (B) a fee of forty dollars for each license issued or renewed; (25) with 823 respect to preferred provider networks, a fee of two thousand seven 824 hundred fifty dollars for each license issued or renewed; (26) with 825 respect to rental companies, as defined in section 38a-799, a fee of eighty 826 dollars for each permit issued or renewed; (27) with respect to medical 827 discount plan organizations licensed under section 38a-479rr, a fee of six 828 hundred twenty-five dollars for each license issued or renewed; (28) 829 with respect to pharmacy benefits managers, an application fee of one 830 hundred dollars for each registration issued or renewed; (29) with 831 respect to captive insurance companies, as defined in section 38a-91aa, 832 a fee of three hundred seventy-five dollars for each license issued or 833 renewed; (30) with respect to each duplicate license issued a fee of fifty 834 dollars for each license issued; (31) with respect to surety bail bond 835 agents, as defined in section 38a-660, (A) a filing fee of one hundred fifty 836 Raised Bill No. 398 LCO No. 125 28 of 40 dollars for each initial application for a license, and (B) a fee of one 837 hundred dollars for each license issued or renewed; (32) with respect to 838 third-party administrators, as defined in section 38a-720, (A) a fee of five 839 hundred dollars for each license issued, and (B) a fee of four hundred 840 fifty dollars for each license renewed; (33) with respect to portable 841 electronics insurance licenses under section 38a-397, (A) a filing fee of 842 one hundred dollars for each initial application for a license, (B) a fee of 843 five hundred dollars for each license issued, and (C) a fee of four 844 hundred fifty dollars for each license renewed; (34) with respect to 845 limited lines travel insurance producer [licenses] authorizations under 846 section [38a-398] 4 of this act, (A) a filing fee of one hundred dollars for 847 each initial application for [a license] authorization, (B) a fee of six 848 hundred fifty dollars for each [license] authorization issued, and (C) a 849 fee of six hundred fifty dollars for each [license] authorization renewed; 850 (35) with respect to certified reinsurers, as certified by the commissioner 851 pursuant to regulations adopted pursuant to section 38a-85, a fee of two 852 thousand dollars for each certificate issued and renewed; and (36) with 853 respect to reciprocal jurisdiction reinsurers, as defined in regulations 854 adopted pursuant to section 38a-85, a fee of two thousand dollars for 855 each certificate issued and renewed. 856 Sec. 13. Subsection (d) of section 38a-792 of the general statutes is 857 repealed and the following is substituted in lieu thereof (Effective October 858 1, 2024): 859 (d) The provisions of this section shall not apply to any: 860 (1) (A) Individual who, for purposes of claims for portable electronics 861 insurance, as defined in section 38a-397, only (i) collects claim 862 information from or furnishes claim information to insureds or 863 claimants, and (ii) conducts data entry, including data entry into an 864 automated claims adjudication system, provided (I) such individual is 865 an employee of a casualty insurance company licensed in this state, an 866 employee of a casualty claims adjuster licensed in this state or an 867 employee of an affiliate of such insurance company or adjuster, and (II) 868 not more than twenty-five such individuals are under the supervision 869 Raised Bill No. 398 LCO No. 125 29 of 40 of a casualty claims adjuster licensed in this state or an insurance 870 producer who adjusts portable electronics insurance claims and is 871 licensed in this state. A licensed insurance producer who adjusts 872 portable electronics insurance claims or supervises individuals 873 pursuant to this subparagraph shall not be required to be licensed as a 874 casualty claims adjuster. 875 (B) For purposes of this subdivision, "automated claims adjudication 876 system" means a preprogrammed computer system, designed for the 877 collection, data entry, calculation and final resolution of portable 878 electronics insurance claims, that (i) is used only by a supervised 879 individual, a casualty claims adjuster licensed in this state or an 880 insurance producer licensed in this state, in accordance with 881 subparagraph (A) of this subdivision, and (ii) complies with all 882 applicable claims payment requirements under this title; [or] 883 (2) Member of the bar of this state in good standing who is engaged 884 in the general practice of the law; or 885 (3) Travel administrator, as defined in section 38a-398, as amended 886 by this act, or employee of a travel administrator for travel insurance, as 887 defined in said section, administered by such travel administrator. 888 Sec. 14. Section 38a-816 of the general statutes is repealed and the 889 following is substituted in lieu thereof (Effective October 1, 2024): 890 The following are defined as unfair methods of competition and 891 unfair and deceptive acts or practices in the business of insurance: 892 (1) Misrepresentations and false advertising of insurance policies. 893 Making, issuing or circulating, or causing to be made, issued or 894 circulated, any estimate, illustration, circular or statement, sales 895 presentation, omission or comparison which: (A) Misrepresents the 896 benefits, advantages, conditions or terms of any insurance policy; (B) 897 misrepresents the dividends or share of the surplus to be received, on 898 any insurance policy; (C) makes any false or misleading statements as 899 to the dividends or share of surplus previously paid on any insurance 900 Raised Bill No. 398 LCO No. 125 30 of 40 policy; (D) is misleading or is a misrepresentation as to the financial 901 condition of any person, or as to the legal reserve system upon which 902 any life insurer operates; (E) uses any name or title of any insurance 903 policy or class of insurance policies misrepresenting the true nature 904 thereof; (F) is a misrepresentation, including, but not limited to, an 905 intentional misquote of a premium rate, for the purpose of inducing or 906 tending to induce to the purchase, lapse, forfeiture, exchange, 907 conversion or surrender of any insurance policy; (G) is a 908 misrepresentation for the purpose of effecting a pledge or assignment of 909 or effecting a loan against any insurance policy; or (H) misrepresents 910 any insurance policy as being shares of stock. 911 (2) False information and advertising generally. Making, publishing, 912 disseminating, circulating or placing before the public, or causing, 913 directly or indirectly, to be made, published, disseminated, circulated or 914 placed before the public, in a newspaper, magazine or other publication, 915 or in the form of a notice, circular, pamphlet, letter or poster, or over any 916 radio or television station, or in any other way, an advertisement, 917 announcement or statement containing any assertion, representation or 918 statement with respect to the business of insurance or with respect to 919 any person in the conduct of his insurance business, which is untrue, 920 deceptive or misleading. 921 (3) Defamation. Making, publishing, disseminating or circulating, 922 directly or indirectly, or aiding, abetting or encouraging the making, 923 publishing, disseminating or circulating of, any oral or written 924 statement or any pamphlet, circular, article or literature which is false 925 or maliciously critical of or derogatory to the financial condition of an 926 insurer, and which is calculated to injure any person engaged in the 927 business of insurance. 928 (4) Boycott, coercion and intimidation. Entering into any agreement 929 to commit, or by any concerted action committing, any act of boycott, 930 coercion or intimidation resulting in or tending to result in unreasonable 931 restraint of, or monopoly in, the business of insurance. 932 Raised Bill No. 398 LCO No. 125 31 of 40 (5) False financial statements. Filing with any supervisory or other 933 public official, or making, publishing, disseminating, circulating or 934 delivering to any person, or placing before the public, or causing, 935 directly or indirectly, to be made, published, disseminated, circulated or 936 delivered to any person, or placed before the public, any false statement 937 of financial condition of an insurer with intent to deceive; or making any 938 false entry in any book, report or statement of any insurer with intent to 939 deceive any agent or examiner lawfully appointed to examine into its 940 condition or into any of its affairs, or any public official to whom such 941 insurer is required by law to report, or who has authority by law to 942 examine into its condition or into any of its affairs, or, with like intent, 943 wilfully omitting to make a true entry of any material fact pertaining to 944 the business of such insurer in any book, report or statement of such 945 insurer. 946 (6) Unfair claim settlement practices. Committing or performing with 947 such frequency as to indicate a general business practice any of the 948 following: (A) Misrepresenting pertinent facts or insurance policy 949 provisions relating to coverages at issue; (B) failing to acknowledge and 950 act with reasonable promptness upon communications with respect to 951 claims arising under insurance policies; (C) failing to adopt and 952 implement reasonable standards for the prompt investigation of claims 953 arising under insurance policies; (D) refusing to pay claims without 954 conducting a reasonable investigation based upon all available 955 information; (E) failing to affirm or deny coverage of claims within a 956 reasonable time after proof of loss statements have been completed; (F) 957 not attempting in good faith to effectuate prompt, fair and equitable 958 settlements of claims in which liability has become reasonably clear; (G) 959 compelling insureds to institute litigation to recover amounts due under 960 an insurance policy by offering substantially less than the amounts 961 ultimately recovered in actions brought by such insureds; (H) 962 attempting to settle a claim for less than the amount to which a 963 reasonable man would have believed he was entitled by reference to 964 written or printed advertising material accompanying or made part of 965 an application; (I) attempting to settle claims on the basis of an 966 Raised Bill No. 398 LCO No. 125 32 of 40 application which was altered without notice to, or knowledge or 967 consent of the insured; (J) making claims payments to insureds or 968 beneficiaries not accompanied by statements setting forth the coverage 969 under which the payments are being made; (K) making known to 970 insureds or claimants a policy of appealing from arbitration awards in 971 favor of insureds or claimants for the purpose of compelling them to 972 accept settlements or compromises less than the amount awarded in 973 arbitration; (L) delaying the investigation or payment of claims by 974 requiring an insured, claimant, or the physician of either to submit a 975 preliminary claim report and then requiring the subsequent submission 976 of formal proof of loss forms, both of which submissions contain 977 substantially the same information; (M) failing to promptly settle claims, 978 where liability has become reasonably clear, under one portion of the 979 insurance policy coverage in order to influence settlements under other 980 portions of the insurance policy coverage; (N) failing to promptly 981 provide a reasonable explanation of the basis in the insurance policy in 982 relation to the facts or applicable law for denial of a claim or for the offer 983 of a compromise settlement; or (O) using as a basis for cash settlement 984 with a first party automobile insurance claimant an amount which is less 985 than the amount which the insurer would pay if repairs were made 986 unless such amount is agreed to by the insured or provided for by the 987 insurance policy. 988 (7) Failure to maintain complaint handling procedures. Failure of any 989 person to maintain complete record of all the complaints which it has 990 received since the date of its last examination. This record shall indicate 991 the total number of complaints, their classification by line of insurance, 992 the nature of each complaint, the disposition of these complaints, and 993 the time it took to process each complaint. For purposes of this 994 subdivision "complaint" means any written communication primarily 995 expressing a grievance. 996 (8) Misrepresentation in insurance applications. Making false or 997 fraudulent statements or representations on or relative to an application 998 for an insurance policy for the purpose of obtaining a fee, commission, 999 money or other benefit from any insurer, producer or individual. 1000 Raised Bill No. 398 LCO No. 125 33 of 40 (9) Any violation of any one of sections 38a-358, 38a-446, 38a-447, 38a-1001 488, 38a-825, 38a-826, 38a-828 and 38a-829. None of the following 1002 practices shall be considered discrimination within the meaning of 1003 section 38a-446 or 38a-488 or a rebate within the meaning of section 38a-1004 825: (A) Paying bonuses to policyholders or otherwise abating their 1005 premiums in whole or in part out of surplus accumulated from 1006 nonparticipating insurance, provided any such bonuses or abatement of 1007 premiums shall be fair and equitable to policyholders and for the best 1008 interests of the company and its policyholders; (B) in the case of policies 1009 issued on the industrial debit plan, making allowance to policyholders 1010 who have continuously for a specified period made premium payments 1011 directly to an office of the insurer in an amount which fairly represents 1012 the saving in collection expense; and (C) readjustment of the rate of 1013 premium for a group insurance policy based on loss or expense 1014 experience, or both, at the end of the first or any subsequent policy year, 1015 which may be made retroactive for such policy year. 1016 (10) Notwithstanding any provision of any policy of insurance, 1017 certificate or service contract, whenever such insurance policy or 1018 certificate or service contract provides for reimbursement for any 1019 services which may be legally performed by any practitioner of the 1020 healing arts licensed to practice in this state, reimbursement under such 1021 insurance policy, certificate or service contract shall not be denied 1022 because of race, color or creed nor shall any insurer make or permit any 1023 unfair discrimination against particular individuals or persons so 1024 licensed. 1025 (11) Favored agent or insurer: Coercion of debtors. (A) No person 1026 may (i) require, as a condition precedent to the lending of money or 1027 extension of credit, or any renewal thereof, that the person to whom 1028 such money or credit is extended or whose obligation the creditor is to 1029 acquire or finance, negotiate any policy or contract of insurance through 1030 a particular insurer or group of insurers or producer or group of 1031 producers; (ii) unreasonably disapprove the insurance policy provided 1032 by a borrower for the protection of the property securing the credit or 1033 lien; (iii) require directly or indirectly that any borrower, mortgagor, 1034 Raised Bill No. 398 LCO No. 125 34 of 40 purchaser, insurer or producer pay a separate charge, in connection 1035 with the handling of any insurance policy required as security for a loan 1036 on real estate or pay a separate charge to substitute the insurance policy 1037 of one insurer for that of another; or (iv) use or disclose information 1038 resulting from a requirement that a borrower, mortgagor or purchaser 1039 furnish insurance of any kind on real property being conveyed or used 1040 as collateral security to a loan, when such information is to the 1041 advantage of the mortgagee, vendor or lender, or is to the detriment of 1042 the borrower, mortgagor, purchaser, insurer or the producer complying 1043 with such a requirement. 1044 (B) (i) Subparagraph (A)(iii) of this subdivision shall not include the 1045 interest which may be charged on premium loans or premium 1046 advancements in accordance with the security instrument. (ii) For 1047 purposes of subparagraph (A)(ii) of this subdivision, such disapproval 1048 shall be deemed unreasonable if it is not based solely on reasonable 1049 standards uniformly applied, relating to the extent of coverage required 1050 and the financial soundness and the services of an insurer. Such 1051 standards shall not discriminate against any particular type of insurer, 1052 nor shall such standards call for the disapproval of an insurance policy 1053 because such policy contains coverage in addition to that required. (iii) 1054 The commissioner may investigate the affairs of any person to whom 1055 this subdivision applies to determine whether such person has violated 1056 this subdivision. If a violation of this subdivision is found, the person in 1057 violation shall be subject to the same procedures and penalties as are 1058 applicable to other provisions of section 38a-815, subsections (b) and (e) 1059 of section 38a-817 and this section. (iv) For purposes of this section, 1060 "person" includes any individual, corporation, limited liability 1061 company, association, partnership or other legal entity. 1062 (12) Refusing to insure, refusing to continue to insure or limiting the 1063 amount, extent or kind of coverage available to an individual or 1064 charging an individual a different rate for the same coverage because of 1065 physical disability, mental or nervous condition as set forth in section 1066 38a-488a or intellectual disability, except where the refusal, limitation or 1067 rate differential is based on sound actuarial principles or is related to 1068 Raised Bill No. 398 LCO No. 125 35 of 40 actual or reasonably anticipated experience. 1069 (13) Refusing to insure, refusing to continue to insure or limiting the 1070 amount, extent or kind of coverage available to an individual or 1071 charging an individual a different rate for the same coverage solely 1072 because of blindness or partial blindness. For purposes of this 1073 subdivision, "refusal to insure" includes the denial by an insurer of 1074 disability insurance coverage on the grounds that the policy defines 1075 "disability" as being presumed in the event that the insured is blind or 1076 partially blind, except that an insurer may exclude from coverage any 1077 disability, consisting solely of blindness or partial blindness, when such 1078 condition existed at the time the policy was issued. Any individual who 1079 is blind or partially blind shall be subject to the same standards of sound 1080 actuarial principles or actual or reasonably anticipated experience as are 1081 sighted persons with respect to all other conditions, including the 1082 underlying cause of the blindness or partial blindness. 1083 (14) Refusing to insure, refusing to continue to insure or limiting the 1084 amount, extent or kind of coverage available to an individual or 1085 charging an individual a different rate for the same coverage because of 1086 exposure to diethylstilbestrol through the female parent. 1087 (15) (A) Failure by an insurer, or any other entity responsible for 1088 providing payment to a health care provider pursuant to an insurance 1089 policy, to pay accident and health claims, including, but not limited to, 1090 claims for payment or reimbursement to health care providers, within 1091 the time periods set forth in subparagraph (B) of this subdivision, unless 1092 the Insurance Commissioner determines that a legitimate dispute exists 1093 as to coverage, liability or damages or that the claimant has fraudulently 1094 caused or contributed to the loss. Any insurer, or any other entity 1095 responsible for providing payment to a health care provider pursuant 1096 to an insurance policy, who fails to pay such a claim or request within 1097 the time periods set forth in subparagraph (B) of this subdivision shall 1098 pay the claimant or health care provider the amount of such claim plus 1099 interest at the rate of fifteen per cent per annum, in addition to any other 1100 penalties which may be imposed pursuant to sections 38a-11, as 1101 Raised Bill No. 398 LCO No. 125 36 of 40 amended by this act, 38a-25, 38a-41 to 38a-53, inclusive, 38a-57 to 38a-1102 60, inclusive, 38a-62 to 38a-64, inclusive, 38a-76, 38a-83, 38a-84, 38a-117 1103 to 38a-124, inclusive, 38a-129 to 38a-140, inclusive, 38a-146 to 38a-155, 1104 inclusive, 38a-283, 38a-288 to 38a-290, inclusive, 38a-319, 38a-320, 38a-1105 459, 38a-464, 38a-815 to 38a-819, inclusive, 38a-824 to 38a-826, inclusive, 1106 and 38a-828 to 38a-830, inclusive. Whenever the interest due a claimant 1107 or health care provider pursuant to this section is less than one dollar, 1108 the insurer shall deposit such amount in a separate interest-bearing 1109 account in which all such amounts shall be deposited. At the end of each 1110 calendar year each such insurer shall donate such amount to The 1111 University of Connecticut Health Center. 1112 (B) Each insurer or other entity responsible for providing payment to 1113 a health care provider pursuant to an insurance policy subject to this 1114 section, shall pay claims not later than: 1115 (i) For claims filed in paper format, sixty days after receipt by the 1116 insurer of the claimant's proof of loss form or the health care provider's 1117 request for payment filed in accordance with the insurer's practices or 1118 procedures, except that when there is a deficiency in the information 1119 needed for processing a claim, as determined in accordance with section 1120 38a-477, the insurer shall (I) send written notice to the claimant or health 1121 care provider, as the case may be, of all alleged deficiencies in 1122 information needed for processing a claim not later than thirty days 1123 after the insurer receives a claim for payment or reimbursement under 1124 the contract, and (II) pay claims for payment or reimbursement under 1125 the contract not later than thirty days after the insurer receives the 1126 information requested; and 1127 (ii) For claims filed in electronic format, twenty days after receipt by 1128 the insurer of the claimant's proof of loss form or the health care 1129 provider's request for payment filed in accordance with the insurer's 1130 practices or procedures, except that when there is a deficiency in the 1131 information needed for processing a claim, as determined in accordance 1132 with section 38a-477, the insurer shall (I) notify the claimant or health 1133 care provider, as the case may be, of all alleged deficiencies in 1134 Raised Bill No. 398 LCO No. 125 37 of 40 information needed for processing a claim not later than ten days after 1135 the insurer receives a claim for payment or reimbursement under the 1136 contract, and (II) pay claims for payment or reimbursement under the 1137 contract not later than ten days after the insurer receives the information 1138 requested. 1139 (C) As used in this subdivision, "health care provider" means a person 1140 licensed to provide health care services under chapter 368d, chapter 1141 368v, chapters 370 to 373, inclusive, 375 to 383c, inclusive, 384a to 384c, 1142 inclusive, or chapter 400j. 1143 (16) Failure to pay, as part of any claim for a damaged motor vehicle 1144 under any automobile insurance policy where the vehicle has been 1145 declared to be a constructive total loss, an amount equal to the sum of 1146 (A) the settlement amount on such vehicle plus, whenever the insurer 1147 takes title to such vehicle, (B) an amount determined by multiplying 1148 such settlement amount by a percentage equivalent to the current sales 1149 tax rate established in section 12-408. For purposes of this subdivision, 1150 "constructive total loss" means the cost to repair or salvage damaged 1151 property, or the cost to both repair and salvage such property, equals or 1152 exceeds the total value of the property at the time of the loss. 1153 (17) Any violation of section 42-260, by an extended warranty 1154 provider subject to the provisions of said section, including, but not 1155 limited to: (A) Failure to include all statements required in subsections 1156 (c) and (f) of section 42-260 in an issued extended warranty; (B) offering 1157 an extended warranty without being (i) insured under an adequate 1158 extended warranty reimbursement insurance policy or (ii) able to 1159 demonstrate that reserves for claims contained in the provider's 1160 financial statements are not in excess of one-half the provider's audited 1161 net worth; (C) failure to submit a copy of an issued extended warranty 1162 form or a copy of such provider's extended warranty reimbursement 1163 policy form to the Insurance Commissioner. 1164 (18) With respect to an insurance company, hospital service 1165 corporation, health care center or fraternal benefit society providing 1166 Raised Bill No. 398 LCO No. 125 38 of 40 individual or group health insurance coverage of the types specified in 1167 subdivisions (1), (2), (4), (5), (6), (10), (11) and (12) of section 38a-469, 1168 refusing to insure, refusing to continue to insure or limiting the amount, 1169 extent or kind of coverage available to an individual or charging an 1170 individual a different rate for the same coverage because such 1171 individual has been a victim of domestic violence, as defined in section 1172 17b-112a. 1173 (19) With respect to a property and casualty insurer delivering, 1174 issuing for delivery, renewing, amending, continuing or endorsing a 1175 property or casualty insurance policy, making any distinction or 1176 discrimination against an individual in delivering, issuing for delivery, 1177 renewing, amending, continuing, endorsing, offering, withholding, 1178 cancelling or setting premiums for such policy, or in the terms of such 1179 policy, because the individual has been a victim of domestic violence, as 1180 defined in section 17b-112a. 1181 (20) With respect to an insurance company, hospital service 1182 corporation, health care center or fraternal benefit society providing 1183 individual or group health insurance coverage of the types specified in 1184 subdivisions (1), (2), (3), (4), (6), (9), (10), (11) and (12) of section 38a-469, 1185 refusing to insure, refusing to continue to insure or limiting the amount, 1186 extent or kind of coverage available to an individual or charging an 1187 individual a different rate for the same coverage because of genetic 1188 information. Genetic information indicating a predisposition to a 1189 disease or condition shall not be deemed a preexisting condition in the 1190 absence of a diagnosis of such disease or condition that is based on other 1191 medical information. An insurance company, hospital service 1192 corporation, health care center or fraternal benefit society providing 1193 individual health coverage of the types specified in subdivisions (1), (2), 1194 (3), (4), (6), (9), (10), (11) and (12) of section 38a-469, shall not be 1195 prohibited from refusing to insure or applying a preexisting condition 1196 limitation, to the extent permitted by law, to an individual who has been 1197 diagnosed with a disease or condition based on medical information 1198 other than genetic information and has exhibited symptoms of such 1199 disease or condition. For the purposes of this subdivision, "genetic 1200 Raised Bill No. 398 LCO No. 125 39 of 40 information" means the information about genes, gene products or 1201 inherited characteristics that may derive from an individual or family 1202 member. 1203 (21) Any violation of sections 38a-465 to 38a-465q, inclusive. 1204 (22) With respect to a managed care organization, as defined in 1205 section 38a-478, failing to establish a confidentiality procedure for 1206 medical record information, as required by section 38a-999. 1207 (23) Any violation of sections 38a-591d to 38a-591f, inclusive. 1208 (24) Any violation of section 38a-472j. 1209 (25) Any violation of section 38a-833. 1210 (26) Any violation of section 38a-834. 1211 (27) Any violation described in subsection (a) of section 10 of this act. 1212 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2024 38a-1 Sec. 2 October 1, 2024 38a-398 Sec. 3 October 1, 2024 New section Sec. 4 October 1, 2024 New section Sec. 5 October 1, 2024 New section Sec. 6 October 1, 2024 New section Sec. 7 October 1, 2024 New section Sec. 8 October 1, 2024 New section Sec. 9 October 1, 2024 New section Sec. 10 October 1, 2024 New section Sec. 11 October 1, 2024 New section Sec. 12 October 1, 2024 38a-11(a) Sec. 13 October 1, 2024 38a-792(d) Sec. 14 October 1, 2024 38a-816 Statement of Purpose: To provide for the regulation and taxation of travel insurance, and associated entities, products and professionals, in this state. Raised Bill No. 398 LCO No. 125 40 of 40 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]