An Act
ENROLLED SENATE
BILL NO. 287 By: Quinn of the Senate
and
Sims of the House
An Act relating to travel insurance; amending
Sections 3, 4, 5, 6, 8, 9 and 10, Chapter 159, O.S.L.
2018 (36 O.S. Supp. 20 20, Sections 6711, 6712, 6713,
6714, 6716, 6717 and 6718), which relate to
application of the act, definitions, limited lines
travel insurance producer license, premium taxes,
application of Unfair Trade Practices Act,
qualifications for travel administrators and
individual or group policies allowed; stating purpose
of act; modifying applicability of act; modifying
definitions; authorizing persons with certain lines
of authority to sell trav el insurance; specifying
that insurance producers are not required to be
appointed to sell travel insurance; defining terms;
requiring disclosure of certain information for pre -
existing condition exclusions; modifying terms of
certain refund of travel prot ection plan;
establishing unfair trade practice; declaring certain
requirement for purchasing trip or travel package not
an unfair trade practice; modifying requirements for
travel insurance administrator; clarifying exemption
from Insurance Adjusters Lice nsing Act for travel
administrator; establishing insurer as responsible
for certain acts of travel administrator; requiring
travel insurance be filed as certain line of
insurance; providing exception for filing as certain
line of insurance; establishing te rms of eligibility
and underwriting standards for travel insurance;
updating statutory language; and providing an
effective date.
ENR. S. B. NO. 287 Page 2
SUBJECT: Travel insurance
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 3, Chapter 159, O.S.L.
2018 (36 O.S. Supp. 2020, Section 6711), is amended to read as
follows:
Section 6711. A. The purpose of this act is to promote the
public welfare by creating a comprehensive legal framework within
which travel insurance may be sold in this s tate.
B. The requirements of the act shall apply to travel insurance
where covering any resident of this state that is sold, solicited,
negotiated or offered in this state and policies and certificates
that are delivered or issued for delivery in this sta te. It shall
not apply to cancellation fee waivers and travel assistance
services, except as expressly provided herein.
B. C. All other applicable provisions of this state ’s insurance
laws shall continue to apply to travel insurance except that the
specific provisions of this act the Travel Insurance Act shall
supersede any general pro visions of law that would otherwise be
applicable to travel insurance.
SECTION 2. AMENDATORY Section 4, Chapter 159, O.S.L.
2018 (36 O.S. Supp. 20 20, Section 6712), is amen ded to read as
follows:
Section 6712. As used in this act the Travel Insurance Act, the
term:
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;
ENR. S. B. NO. 287 Page 3
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 t he 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 nonrefundable cancellati on 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. “Commissioner” means the Oklahoma Insurance Commissioner;
5. “Eligible group” means, solely for the purposes of travel
insurance, two 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:
a. any entity engaged in the business of providing t ravel
or travel services, including, but not limited to,
tour operators, lodging providers, vacation property
owners, hotels and resorts, travel clubs, travel
agencies, property man agers, cultural exchange
programs and common carriers or the operator, owne r 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 r egard to any particular t ravel
or type of travel or travelers, all members or
customers of the group must have a common exposure to
risk attendant to such travel,
b. any college, school or other institution of learning
covering students, teachers, employee s or volunteers,
c. any employer covering any group of employees,
volunteers, contractors, board of directors,
dependents or guests,
ENR. S. B. NO. 287 Page 4
d. any sports team, camp or sponsor thereof covering
participants, members, campers, employees, officials,
supervisors or volunteers,
e. any religious, charitable, recreational, educational
or civic organization or bran ch thereof covering any
group of members, participants or volunteers,
f. any financial institution or financial institution
vendor, or parent holding company, t rustee or agent of
or designated by one or more financial institutions or
financial institution vendors, including
accountholders, credit card holders, debtors,
guarantors or purchasers,
g. 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 such
association covering its members,
h. any trust or the trustees of a fund esta blished,
created or maintained for the benefit of and covering
members, employees or customers, subject to the
Insurance Commissioner authorizing permission of the
Insurance Commissioner, the use of a trust and the
state’s premium tax provisions in Section 6 of this
act 6714 of this title of one or more associations
meeting the above requirements of this paragraph,
i. any entertainment production company covering any
group of participants, volunteers, audience members,
contestants or workers,
j. any volunteer fire department, ambulance, rescue,
police, court or any first aid, civil defense or other
such volunteer group,
k. preschools, daycare institutions for children or
adults and senior citizen clubs,
ENR. S. B. NO. 287 Page 5
l. any automobile or truck rental or leasing company
covering a group of individuals who may become
renters, lessees or passengers defined by their tra vel
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 o r
leasing company is the policyholder under a policy to
which this paragraph applies, or
m. 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;
6. “Fulfillment materials” means documentation sent to the
purchaser of a travel protection plan confirming the purchase and
providing the coverage and assistance de tails of the travel
protection plan;
7. “Group travel insurance” means travel insurance issued to
any eligible group;
8. “Limited lines travel insurance producer ” means any of the
following a:
a. licensed managing general agent or third -party
administrator,
b. licensed insurance producer, including a limited li nes
producer, or
c. travel administrator;
9. “Offer and disseminate” means providing general information,
including a description of the coverage and price, as well as
processing the application an d collecting premiums;
10. “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 tha t a person shall not be
ENR. S. B. NO. 287 Page 6
considered a travel administrat or if the only actions of the person
are those that would otherwise cause the person to be considered a
travel administrator are among the following he or she is:
a. a person working for a travel admin istrator whose
activities are subject to the supervisi on and control
of the travel administrator ,
b. an insurance producer selling insurance or engaged in
administrative and claims -related activities within
the scope of the license of the producer,
c. a travel retailer offering and disseminating travel
insurance and registered under the license of a
limited lines travel insurance producer in accordance
with this act the Travel Insurance Act ,
d. an individual adjusting or settling claims in the
normal course of practice or employment of the
individual as an attorney-at-law and who does not
collect charges or premiums in connection with
insurance coverage, or
e. 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;
11. “Travel assistance services” means noninsurance services
that may be distributed by limited lines travel insurance producers
or other entities, and for which there the consumer is no
indemnification for the travel protection pl an customer not
indemnified based on a fortuitous event, nor any and where providing
the services does not result in transfer or shifting of risk that
would constitute the business of insurance. Travel assi stance
services include, but are not limited to: security advisories;
destination information; v accination and immunization information
services; travel reservation services; entertainment; activity and
event planning; translation assistance; emergency mes saging;
international legal and medical referrals ; medical case monitoring;
coordination of tran sportation arrangements; emergency cash transfer
assistance; medical prescription replacement assistance; passport
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and travel document replacement assistance; l ost luggage assistance;
concierge services; and a ny other service that is furnished in
connection with planned travel that is not related to the
adjudication of a travel insurance claim, unless otherwise approved
by the Commissioner in a travel insurance f iling. Travel assistance
services are not insura nce and not related to insurance;
12. “Travel insurance” means insurance coverage for personal
risks incident to planned travel, including:
a. interruption or cancellation of trip or event,
b. loss of baggage or personal effects,
c. damages to accommodations or rental vehicles,
d. sickness, accident, disability or death occurring
during travel,
e. emergency evacuation,
f. repatriation of remains, or
g. any other contractual obligations to indemnify or pay
a specified amount to the t raveler upon determinable
contingencies related to travel as approved b y the
Commissioner.
Travel insurance does shall not include major medical plans that
provide comprehensive m edical protection for travelers with trips
lasting longer than six (6) months , including, but not limited to,
those working or residing overseas as an expatriate, or any other
product that requires a specific insurance producer license ;
13. “Travel protection plans ” means plans that provide one or
more of the following: travel insurance, travel assistance services
and cancellation fee waivers; and
14. “Travel retailer” means a business entity that makes,
arranges or offers plann ed travel 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.
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SECTION 3. AMENDATORY Section 5, Ch apter 159, O.S.L.
2018 (36 O.S. Supp. 2020, Section 6713), is amended to read as
follows:
Section 6713. A. The Insurance Commissioner may issue a
limited lines travel insurance producer license to a n individual or
business entity that has filed with the Commissioner an applicati on
for such license in a form and manner prescribed by the
Commissioner. The limited lines travel insurance produc er shall be
licensed to sell, solicit or negotiate travel in surance through a
licensed insurer. No person may act a s a limited lines travel
insurance producer or travel insurance retailer unless properly
licensed or registered, respectively.
B. A travel retailer may offer and disseminate travel insurance
under a limited lines travel insurance producer business entity
license only if:
1. The limited lines travel insurance producer or travel
retailer provides to purchasers of travel insurance:
a. a description of the material terms or the actual
material terms of the insurance coverage,
b. a description of the process f or filing a claim,
c. a description of the review or cancellation process
for the travel insurance policy, and
d. the identity and con tact information of the insurer
and limited lines travel insurance producer;
2. At the time of licensure, the limited lin es travel insurance
producer shall establish and maintain a register on a form
prescribed by the Commissioner of each travel retailer that offers
travel insurance on behalf of the limited lines travel insurance.
The register shall be maintained and update d by the limited lines
travel insurance producer and shall include the name, address and
contact information of the travel retailer a nd an officer or person
who directs or controls the operations of t he travel retailer and
the federal tax identification nu mber of the travel retail er. The
ENR. S. B. NO. 287 Page 9
limited lines travel insurance producer shall submit the register to
the Insurance Department upon reasonable request. The limited lines
travel insurance producer sh all also certify that the registered
travel retailer complies with 18 U.S.C., Sec tion 1033. The grounds
for the suspension, revocation and the penalties applicable to
resident insurance pr oducers, pursuant to Section 1435.13 of Title
36 of the Oklahoma St atutes this title, shall be applicable to the
limited lines travel insurance prod ucers and travel retailers;
3. The limited lines travel insurance producer has designated
one of its employees, a designated responsible producer, who is a
licensed individual producer as the person responsible for the
compliance with the travel insurance laws and regulations applicable
to the limited lines travel insurance producer and its registrants;
4. The designated responsible producer, president, secretary,
treasurer and any other officer or person who directs or controls
the limited lines travel i nsurance producer’s insurance operations
comply with the fingerprinting requirements applicable to insuran ce
producers in the resident state of the limited lines travel
insurance producer;
5. The limited lines travel insurance pro ducer has paid all
applicable insurance producer licensing fees as set forth in Section
1435.23 of Title 36 of the Oklahoma Statut es this title; and
6. The limited lines travel insurance producer req uires each
employee and authorized representative of the travel retailer whose
duties include offering and disseminating travel insurance to
receive a program of instruction or training , which is subject to
the discretion of the Commissioner to review and approve. The
training material shall, at a minimum, con tain adequate instruction s
on the types of insurance offered, ethical sales practices and
required disclosures to prospective cus tomers.
C. Any travel retailer offering or disseminating travel
insurance shall make available to prospective purchasers broch ures
or other written mat erials that have been approved by the travel
insurer. Such materials shall include information which, at a
minimum:
ENR. S. B. NO. 287 Page 10
1. Provides the identity and contact information of the i nsurer
and the limited lines travel insurance producer;
2. Explains that the pur chase of travel insurance is not
required in order to purchase any other product or service from the
travel retailer; and
3. Explains that an unlicensed travel retailer is pe rmitted to
provide only general information about the in surance 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 insura nce offered by the
travel retailer or to evaluate the ad equacy of the customer ’s
existing insurance coverage.
D. A travel retailer employee or authorized representative who
is not licensed as an insurance producer may not:
1. Evaluate or interpret the te chnical terms, benefits and
conditions of the offered tr avel insurance coverage;
2. Evaluate or provide advice co ncerning existing insurance
coverage for a prospective purchaser ; or
3. Hold himself, herself or itself out as a licensed insurer,
licensed producer or insurance expert.
E. Notwithstanding any oth er provision in law, a tr avel
retailer whose insurance -related activities, and those of its
employees and authorized rep resentatives, are limited to offering
and disseminating travel insurance on beha lf of and under the
direction of a limited lines travel insurance producer meetin g the
conditions stated in this act the Travel Insurance Act , is
authorized to receive related compensation, upon registration by the
limited lines travel insurance producer a s described in paragraph 2
of subsection B of this secti on.
F. As the insurer de signee, the limited lines travel insurance
producer is responsible for the acts of the travel retailer and
shall use reasonable means to ensure compliance by the travel
retailer with this act the Travel Insurance Act .
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G. Any person licensed as an insuranc e producer with a line of
authority set forth in paragraphs 1 through 4, 6 and 7 of subsectio n
A of Section 1435.8 of this title is authorized to sell, solicit and
negotiate travel insurance. The producer is not required to be
appointed by an insurer in o rder to sell, solicit or negotiat e the
travel insurance.
SECTION 4. AMENDATORY Section 6, Chapter 159, O.S.L.
2018 (36 O.S. Supp. 20 20, Section 6714), is amended to read as
follows:
Section 6714. A. A travel insurer shall pay pr emium tax, as
provided in Section 624 of Title 36 of the Oklahoma Statutes this
title, on travel insurance premiums paid by any of the following:
1. An individual primary pol icyholder who is a resident of this
state;
2. A primary certificate-holder who is a resident of this state
who elects coverage under a group travel insurance policy; or
3. A blanket travel insurance policyholder that is a resident
of this state, or has its principal place of business or the
principal place of business of an affiliate or subsidiary that has
purchased blanket travel insurance in this state for eligible
blanket group members, subject to any apportionment rules which
apply to the insurer acro ss multiple taxing jurisdictions or that
permits permit the insurer to allocate premium on an apportioned
basis in a reasonable and equitable manner in those jurisdictio ns.
B. A travel insurer shall:
1. Document the state of residence or principal place of
business of the policyholder or certificate -holder, as required in
subsection A of this section; and
2. Report as premium only the amount allocable to travel
insurance and not any amounts received for travel assistance
services or cancellation fee waiv ers.
C. For purposes of this section:
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1. “Primary certificate holder” means an individual person who
elects and purchases travel insurance under a group policy; a nd
2. “Primary policyholder ” means an individual person who elects
and purchases individual travel insurance.
SECTION 5. AMENDATORY Section 8, Ch apter 159, O.S.L.
2018 (36 O.S. Supp. 20 20, Section 6716), is amended to read as
follows:
Section 6716. A. All persons offering travel insurance to
residents of this state ar e subject to the Unfair Trade Practices
Act pursuant to Sections 1201 through 12 19 of Title 36 of the
Oklahoma Statutes this title, except as otherwise provided in this
section. In the event of a conflict between this act the Travel
Insurance Act and other provisions of Title 36 of the Oklahoma
Statutes this title regarding the sale and marketing of travel
insurance and travel protection plans, the provisions of this act
the Travel Insurance Act shall control.
B. Offering or selling a travel insurance pol icy that could
never result in payment of any claims for any insured under the
policy is an unfair trade practice under Section 1203 of Title 36 of
the Oklahoma Statues this title.
C. Marketing.
1. All documents provided to consumers prior to the purchas e of
travel insurance, including, but not limited to, sales materials,
advertising materials and marketing materials, shall be consistent
with all the travel insurance policy documents, including, but not
limited to, forms, endorsements, policies, rate fil ings and
certificates of insurance.
2. Travel For travel insurance policies or certificates that
contain pre-existing condition exclusions must clearly disclose the
exclusion, information about the pre -existing condition exclusions
shall be provided prior to the time of purchase and shall be in the
fulfillment materials of the covera ge.
3. Policyholders or certificate holders shall have a minimum of
ten (10) days from the later of the date of purchase of a travel
ENR. S. B. NO. 287 Page 13
protection plan or the delivery of the ful fillment materials of the
plan to review and cancel t he policy or certificate fo r a full
refund of the travel protection plan price, unless the insured has
either started the covered trip or has filed a claim under the
travel insurance coverage. For the p urposes of this paragraph,
sending documentation conf irming the purchase and pro viding the
coverage and assistance details of the travel protection plan, as
applicable, to a physical or electronic mail address provided by the
purchaser of a travel protecti on plan shall constitute delivery of
the travel protection plan’s fulfillment materials The fulfillment
materials and the information described in paragraph 1 of subsection
B of Section 6713 of this title shall be provided to a policyholder
or certificate holder as soon as practicable following the purchase
of a travel protection plan . Unless the insured has either started
a covered trip or filed a claim und er the travel insurance coverage,
a policyholder or certificate holder may cancel a policy or
certificate for a full refund of the travel protection plan price
from the date of pur chase of the travel protection plan until at
least:
a. fifteen (15) days fo llowing the date of delivery by
mail of the fulfillment materials of the travel
protection plan, or
b. ten (10) days following the date of delivery by other
means of the fulfillment materials of the travel
protection plan.
4. The company shall disclose in the policy fulfillment and
documentation and fulfillment materials whether the travel insurance
is primary or secondary to other applicable coverage.
5. Where travel insurance is marketed directly to a consumer
through a website of the insurer or by o thers through an aggregator
site, it shall not be an unfair trade practice or other violation of
law where an accurate summary or short description of coverage is
provided on the web p age, so long as the consumer has access to the
full provisions of the po licy through electronic means.
D. Unless otherwise permitted by state or federal law, no A
person offering, soliciting or negotiating travel insurance or
travel protection plans on an individual or group basis may do so
ENR. S. B. NO. 287 Page 14
using shall not use negative option or opt-out, which would require
a consumer to take an affirmative action to deselect coverage such
as unchecking a box on an electronic form when they purchase the
consumer purchases a trip.
E. It shall not be an unfair trade practice to include market
blanket travel insurance coverage with the purchase of a trip,
provided the coverage is not marketed as free.
F. Where the destination jurisdiction of the cons umer requires
insurance coverage, it shall not be an unfair trade practice to
require that the consumer choose between the following options as a
condition of purchasing a trip or travel package:
1. Purchasing the coverage required by the destination
jurisdiction through the trav el retailer or limited lines travel
insurance producer supplying the trip or travel package; or
2. Agreeing to obtain and provide proof of coverage that meets
the requirements of the destination jurisdiction prior to departure.
SECTION 6. AMENDATORY Section 9, Chapter 159, O.S.L.
2018 (36 O.S. Supp. 2020, Section 6717), is amended to read as
follows:
Section 6717. A. Notwithstanding any other provisi ons of law,
no person shall act or represent itself as a travel administrator
for travel insurance in this state unless that person:
1. Is a licensed property and casualty insurance producer for
property insurance in this state with an inland marine line of
authority for activities permitted under that produc er license;
2. Holds a valid managing general agent license in this state;
or
3. Holds a valid third-party administrator license in this
state.
B. A travel administrator and its employees are exempt from the
licensing requirements of the Insurance Adjus ter Licensing Act,
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pursuant to Sections 6201 et seq. of Title 36 of the Oklahoma
Statutes this title, for travel insurance it administers .
C. An insurer is responsible for the acts of a travel
administrator managing travel insurance underwritten by the in surer,
and is responsible for ensuring that the travel administrator
maintains all books and records relevant to the insurer, to be made
available by the travel administrator to the Insurance Commissio ner
upon request.
SECTION 7. AMENDATORY Section 10, Ch apter 159, O.S.L.
2018 (36 O.S. Supp. 20 20, Section 6718), is amended to read as
follows:
Section 6718. A. Notwithstanding any other provision of the
Travel Insurance Act, tr avel insurance shall be classified and filed
for purposes of rates and forms und er an inland marine line of
insurance; provided, however, that travel insurance covering
sickness, accident, disability or death occurring during travel,
either exclusively or in conjunction with related coverages of
emergency evacuation or repatriation of remains, may be filed under
either an inland marine line of insurance or an accident and health
line of insurance.
B. Travel insurance may be provided under an individual pol icy
or under a group or master policy.
C. Eligibility and underwriting standard s for travel insurance
may be developed and provided bas ed on travel protection plans
designed for the individual or identified marketing or distribution
channels, provided tho se standards also meet the underwriting
standards for inland marine lines of ins urance in this state.
SECTION 8. This act shall become effective November 1, 2021.
ENR. S. B. NO. 287 Page 16
Passed the Senate the 10th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 13th day of April, 2021.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __