15 | 21 | | (2) "Blanket travel insurance" means a policy of |
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16 | 22 | | travel insurance issued to an eligible group that provides coverage |
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17 | 23 | | for specific classes of persons with coverage provided to each |
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18 | 24 | | member of the eligible group defined in the policy without a |
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19 | 25 | | separate charge to individual members of the eligible group. |
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20 | 26 | | (3) "Cancellation fee waiver" means a contractual |
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21 | 27 | | agreement between a supplier of travel services and the supplier's |
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22 | 28 | | customer to waive some or all of the nonrefundable cancellation fee |
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23 | 29 | | provisions of the supplier's underlying travel contract with or |
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24 | 30 | | without regard to the reason for the cancellation or form of |
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25 | 31 | | reimbursement. A cancellation fee waiver is not insurance. |
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26 | 32 | | (4) "Eligible group" means two or more persons who are |
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27 | 33 | | engaged in a common enterprise or have an economic, educational, or |
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28 | 34 | | social affinity or relationship, including any of the following: |
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29 | 35 | | (A) an entity engaged in the business of |
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30 | 36 | | providing travel or travel services, including a tour operator, a |
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31 | 37 | | lodging provider, a vacation property owner, a hotel or resort, a |
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32 | 38 | | travel club, a travel agency, a property manager, a cultural |
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33 | 39 | | exchange program, and a common carrier or the operator, owner, or |
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34 | 40 | | lessor of a means of transportation of passengers, including an |
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35 | 41 | | airline, a cruise line, a railroad, a steamship company, and a |
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36 | 42 | | public bus carrier, wherein with regard to any particular travel or |
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37 | 43 | | type of travel or travelers, all members or customers of the group |
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38 | 44 | | must have a common exposure to risk attendant to the travel; |
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39 | 45 | | (B) a college, school, or other institution of |
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40 | 46 | | learning covering students, teachers, employees, or volunteers; |
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41 | 47 | | (C) an employer covering a board of directors or |
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42 | 48 | | a group of employees, volunteers, contractors, dependents, or |
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43 | 49 | | guests; |
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44 | 50 | | (D) a sports team or camp or sponsor of a team or |
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45 | 51 | | camp covering participants, members, campers, employees, |
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46 | 52 | | officials, supervisors, or volunteers; |
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47 | 53 | | (E) a religious, charitable, recreational, |
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48 | 54 | | educational, or civic organization or branch of the organization |
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49 | 55 | | covering members, participants, or volunteers; |
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50 | 56 | | (F) a financial institution or financial |
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51 | 57 | | institution vendor or a parent holding company, trustee, or agent |
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52 | 58 | | or designee of a financial institution or financial institution |
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53 | 59 | | vendor covering persons, including account holders, credit card |
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54 | 60 | | holders, debtors, guarantors, or purchasers; |
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55 | 61 | | (G) an incorporated or unincorporated |
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56 | 62 | | association, including a labor union that has a common interest, |
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57 | 63 | | constitution, and bylaws, organized and maintained in good faith |
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58 | 64 | | for a purpose other than obtaining insurance for the association's |
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59 | 65 | | members or participants; |
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60 | 66 | | (H) a trust, or the trustees of a fund, |
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61 | 67 | | established, created, or maintained for the benefit of and covering |
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62 | 68 | | members, employees, or customers of one or more associations |
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63 | 69 | | meeting the requirements of Paragraph (G), subject to the |
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64 | 70 | | commissioner's approval and the state premium tax provisions of |
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74 | 80 | | (L) an automobile or truck rental or leasing |
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75 | 81 | | company covering a group of individuals who may become renters, |
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76 | 82 | | lessees, or passengers defined by the individual's status on the |
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77 | 83 | | rented or leased vehicles, in which circumstance the common |
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78 | 84 | | carrier, the operator, owner, or lessor of a means of |
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79 | 85 | | transportation, or the automobile or truck rental or leasing |
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80 | 86 | | company is the policyholder; or |
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81 | 87 | | (M) any other group with respect to which the |
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82 | 88 | | commissioner has determined: |
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83 | 89 | | (i) the members are engaged in a common |
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84 | 90 | | enterprise or have an economic, educational, or social affinity or |
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85 | 91 | | relationship; and |
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86 | 92 | | (ii) issuance of the policy is not contrary |
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87 | 93 | | to the public interest. |
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88 | 94 | | (5) "Fulfillment materials" means documentation sent |
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89 | 95 | | to the purchaser of a travel protection plan that confirms the |
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90 | 96 | | purchase and provides the travel protection plan's coverage and |
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91 | 97 | | assistance details. |
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92 | 98 | | (6) "Group travel insurance" means travel insurance |
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93 | 99 | | issued to an eligible group. |
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94 | 100 | | (7) "Planned trip" or "planned travel" means any |
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95 | 101 | | journey or travel arranged through the services of a travel agency. |
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96 | 102 | | (8) "Primary certificate holder," specific to Section |
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101 | 107 | | travel insurance. |
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102 | 108 | | (10) "Travel assistance services" means noninsurance |
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103 | 109 | | services that do not indemnify the consumer based on a fortuitous |
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104 | 110 | | event or result in the transfer or shifting of risk constituting the |
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105 | 111 | | business of insurance. Travel assistance services include security |
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106 | 112 | | advisories, destination information, vaccination and immunization |
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107 | 113 | | information services, travel reservation services, entertainment, |
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108 | 114 | | activity and event planning, translation assistance, emergency |
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109 | 115 | | messaging, international legal and medical referrals, medical case |
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110 | 116 | | monitoring, coordination of transportation arrangements, emergency |
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111 | 117 | | cash transfer assistance, medical prescription replacement |
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112 | 118 | | assistance, passport and travel document replacement assistance, |
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113 | 119 | | lost luggage assistance, concierge services, and any other service |
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114 | 120 | | that is furnished in connection with planned travel. Travel |
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117 | 122 | | (11) "Travel insurance" means insurance coverage for |
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118 | 123 | | personal risks incident to planned travel, including: |
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119 | 124 | | (A) interruption or cancellation of a trip or |
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120 | 125 | | event; |
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121 | 126 | | (B) loss of baggage or personal effects; |
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122 | 127 | | (C) damages to accommodations or rental |
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123 | 128 | | vehicles; |
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124 | 129 | | (D) sickness, accident, disability, or death |
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125 | 130 | | occurring during travel; |
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126 | 131 | | (E) emergency evacuation; |
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127 | 132 | | (F) repatriation of remains; or |
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128 | 133 | | (G) any other contractual obligations to |
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129 | 134 | | indemnify or pay a specified amount to the traveler on determinable |
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130 | 135 | | contingencies related to travel as approved by the commissioner. |
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131 | 136 | | Travel insurance does not include a major medical plan that |
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132 | 137 | | provides comprehensive medical protection for a traveler on a trip |
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133 | 138 | | of longer than six months, such as an individual working or residing |
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134 | 139 | | overseas as an expatriate, or any other insurance product that must |
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135 | 140 | | be sold by an agent with a specific agent's license. |
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136 | 141 | | (12) "Travel protection plan" means a plan that |
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137 | 142 | | provides one or more of the following: |
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138 | 143 | | (A) travel insurance; |
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139 | 144 | | (B) travel assistance services; and |
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140 | 145 | | (C) cancellation fee waivers. |
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141 | 146 | | Sec. 3504.0002. APPLICABILITY. (a) This chapter applies |
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142 | 147 | | to a travel insurance policy or certificate that: |
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143 | 148 | | (1) provides coverage to a resident of this state or is |
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144 | 149 | | sold, solicited, negotiated, or offered in this state; and |
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145 | 150 | | (2) is delivered or issued for delivery in this state. |
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146 | 151 | | (b) This chapter does not apply to a cancellation fee waiver |
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147 | 152 | | or travel assistance service except as expressly provided in this |
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148 | 153 | | chapter. |
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214 | 221 | | Offering or selling a travel insurance policy that could never |
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215 | 222 | | result in payment of a claim for an insured under the policy is an |
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216 | 223 | | unfair trade practice under Subtitle C, Title 5. |
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217 | 224 | | (b) All documents provided to a consumer before the purchase |
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218 | 225 | | of travel insurance, including sales materials, advertising |
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219 | 226 | | materials, and marketing materials, must be consistent with the |
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220 | 227 | | travel insurance policy, including forms, endorsements, policies, |
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221 | 228 | | rate filings, and certificates of insurance. |
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222 | 229 | | (c) Before the consumer buys travel insurance and |
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223 | 230 | | subsequently in the fulfillment materials, the consumer must be |
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224 | 231 | | provided information about any preexisting condition exclusion |
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225 | 232 | | that is included in the travel insurance policy or certificate. The |
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226 | 233 | | consumer must have the opportunity to learn more about the |
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227 | 234 | | exclusion. |
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228 | 235 | | (d) The fulfillment materials and the information described |
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229 | 236 | | in Section 4055.154(a) must be provided to a policyholder or |
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230 | 237 | | certificate holder as soon as practicable after the purchase of a |
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231 | 238 | | travel protection plan. Unless the policyholder or certificate |
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232 | 239 | | holder has started a covered trip or filed a claim under the travel |
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233 | 240 | | insurance coverage, the policyholder or certificate holder may |
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234 | 241 | | cancel a policy or certificate for a full refund of the travel |
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235 | 242 | | protection plan price. The policyholder or certificate holder must |
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236 | 243 | | exercise the right to cancel a travel protection plan before: |
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237 | 244 | | (1) the 15th day after the date of delivery of the |
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238 | 245 | | travel protection plan's fulfillment materials by United States |
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239 | 246 | | mail or a later date specified by the plan; or |
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240 | 247 | | (2) the 10th day after the date of delivery of the |
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241 | 248 | | travel protection plan's fulfillment materials by means other than |
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242 | 249 | | United States mail or a later date specified by the plan. |
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243 | 250 | | (e) For the purposes of this section, delivery means handing |
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244 | 251 | | fulfillment materials to the policyholder or certificate holder or |
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245 | 252 | | sending fulfillment materials by United States mail or electronic |
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246 | 253 | | means to the policyholder or certificate holder. |
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247 | 254 | | (f) The company shall disclose in the policy documentation |
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248 | 255 | | and fulfillment materials if the travel insurance is primary or |
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249 | 256 | | secondary to other applicable coverage. |
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250 | 257 | | (g) If travel insurance is marketed directly to a consumer |
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299 | 304 | | (A) the person working for a travel administrator |
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300 | 305 | | to the extent the person's activities are subject to the |
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301 | 306 | | supervision and control of the travel administrator; |
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302 | 307 | | (B) an insurance agent selling insurance or |
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303 | 308 | | engaged in administrative and claims-related activities within the |
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304 | 309 | | scope of the agent's license; |
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305 | 310 | | (C) a travel retailer, registered under the |
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306 | 311 | | license of a supervising entity in accordance with this subchapter, |
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307 | 312 | | offering and disseminating travel insurance; |
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308 | 313 | | (D) an individual adjusting or settling claims in |
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309 | 314 | | the normal course of the individual's practice or employment as an |
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310 | 315 | | attorney and who does not collect charges or premiums in connection |
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311 | 316 | | with insurance coverage; or |
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312 | 317 | | (E) a business entity that is affiliated with a |
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313 | 318 | | licensed insurer acting as a travel administrator for the direct |
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314 | 319 | | and assumed insurance business of an affiliated insurer. |
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315 | 320 | | SECTION 3. Sections 4055.1515, 4055.153, and 4055.154, |
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316 | 321 | | Insurance Code, are amended to read as follows: |
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317 | 322 | | Sec. 4055.1515. TRAVEL INSURANCE SUPERVISING ENTITY AND |
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318 | 323 | | TRAVEL ADMINISTRATOR. (a) An insurer authorized to engage in the |
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319 | 324 | | business of travel insurance in this state may designate a travel |
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320 | 325 | | insurance supervising entity for purposes of this subchapter. The |
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321 | 326 | | supervising entity must be: |
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322 | 327 | | (1) a licensed managing general agent; |
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323 | 328 | | (2) a licensed third-party administrator; [or] |
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324 | 329 | | (3) a licensed insurance agent, including a specialty |
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325 | 330 | | license holder and a person described by Section 4055.002(a); or |
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326 | 331 | | (4) a travel administrator. |
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327 | 332 | | (b) Notwithstanding any other provisions of this code, a |
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328 | 333 | | person may not act or represent the person as a travel administrator |
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329 | 334 | | for travel insurance unless the person is: |
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330 | 335 | | (1) a licensed property and casualty insurance agent; |
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331 | 336 | | (2) a licensed managing general agent; or |
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332 | 337 | | (3) a third-party administrator engaging in the |
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333 | 338 | | business of insurance in this state under a certificate of |
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334 | 339 | | authority. |
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335 | 340 | | (c) A travel administrator and a travel administrator's |
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336 | 341 | | employees are exempt from the licensing requirements under Chapter |
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337 | 342 | | 4101 with respect to travel insurance. |
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338 | 343 | | (d) An insurer is responsible for the acts of a travel |
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339 | 344 | | administrator administering travel insurance underwritten by the |
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340 | 345 | | insurer. The insurer must ensure that the travel administrator |
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341 | 346 | | maintains all books and records relevant to the insurer and makes |
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342 | 347 | | the books and records available to the department on request of the |
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343 | 348 | | commissioner. |
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344 | 349 | | Sec. 4055.153. AUTHORITY OF TRAVEL RETAILER. [(a)] A |
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345 | 350 | | travel retailer may offer and disseminate travel insurance as a |
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346 | 351 | | service to the retailer's customers on behalf of and under the |
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347 | 352 | | license and direction of a supervising entity only: |
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348 | 353 | | (1) in connection with the sale or arrangement of |
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349 | 354 | | transportation, accommodations, or events for travelers; and |
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350 | 355 | | (2) with respect to travel insurance [that includes: |
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351 | 356 | | [(A) accident and health insurance that provides |
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352 | 357 | | coverage to a traveler for accidental death or dismemberment and |
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353 | 358 | | for medical expenses resulting from an accident or sickness |
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354 | 359 | | involving the traveler that occurs during the planned trip; |
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355 | 360 | | [(B) insurance that provides coverage to a |
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356 | 361 | | traveler for expenses incurred as a result of trip cancellation or |
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357 | 362 | | interruption of a planned trip or event; |
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358 | 363 | | [(C) personal effects insurance that provides |
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359 | 364 | | coverage to a traveler for loss of or damage to personal effects |
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360 | 365 | | during the planned trip or event; |
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361 | 366 | | [(D) insurance that provides coverage for damage |
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362 | 367 | | to accommodations or rental vehicles; or |
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363 | 368 | | [(E) any other coverage the commissioner |
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364 | 369 | | approves as meaningful and appropriate in connection with the |
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365 | 370 | | transportation or accommodations arranged through a travel |
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366 | 371 | | agency]. |
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367 | 372 | | [(b) Travel insurance does not include major medical |
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368 | 373 | | expense coverage for a traveler on a planned trip for six months or |
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369 | 374 | | more, including: |
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370 | 375 | | [(1) an individual working abroad; |
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371 | 376 | | [(2) an expatriate; and |
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372 | 377 | | [(3) a military service member on deployment.] |
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373 | 378 | | Sec. 4055.154. TRAVEL INSURANCE GENERALLY. (a) A travel |
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374 | 379 | | retailer, or the supervising entity, shall provide to a traveler |
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375 | 380 | | seeking to purchase travel insurance: |
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376 | 381 | | (1) a description of the material terms or the actual |
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377 | 382 | | terms of the insurance coverage; |
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378 | 383 | | (2) a description of the claims filing process; |
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379 | 384 | | (3) a description of the review and cancellation |
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380 | 385 | | process for the travel insurance policy; and |
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381 | 386 | | (4) the name and contact information for the insurer |
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382 | 387 | | and the supervising entity. |
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383 | 388 | | (b) Travel insurance coverage may be provided under an |
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386 | 391 | | SECTION 4. Section 4055.155, Insurance Code, is amended by |
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387 | 392 | | amending Subsection (e) and adding Subsections (g-1) and (j) to |
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388 | 393 | | read as follows: |
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389 | 394 | | (e) The supervising entity must certify in a form prescribed |
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390 | 395 | | by the commissioner by rule that each registered travel retailer is |
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391 | 396 | | in compliance with 18 U.S.C. Section 1033. The grounds for |
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392 | 397 | | suspension or revocation and the penalties that apply to a resident |
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393 | 398 | | insurance agent apply to a supervising entity and travel retailer. |
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394 | 399 | | (g-1) The supervising entity shall pay all applicable |
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395 | 400 | | licensing fees required by state law with respect to travel |
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396 | 401 | | insurance. |
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397 | 402 | | (j) Any person licensed in a major line of authority, as |
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398 | 403 | | determined by the commissioner, as an insurance agent may sell, |
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399 | 404 | | solicit, and negotiate travel insurance. A property and casualty |
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400 | 405 | | insurance agent is not required to be appointed by an insurer to |
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401 | 406 | | sell, solicit, or negotiate travel insurance. |
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402 | 407 | | SECTION 5. Subchapter D, Chapter 4055, Insurance Code, is |
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403 | 408 | | amended by adding Section 4055.158 to read as follows: |
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404 | 409 | | Sec. 4055.158. RULEMAKING. The commissioner shall adopt |
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405 | 410 | | rules necessary to implement this subchapter. Section 2001.0045, |
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406 | 411 | | Government Code, does not apply to rules adopted under this |
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407 | 412 | | section. |
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408 | 413 | | SECTION 6. Section 221.002(b), Insurance Code, is amended |
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409 | 414 | | to read as follows: |
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410 | 415 | | (b) Except as provided by Subsection (c), in determining an |
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411 | 416 | | insurer's taxable premium receipts, the insurer shall include the |
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412 | 417 | | total gross amounts of premiums, membership fees, assessments, |
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413 | 418 | | dues, revenues, and any other considerations for insurance written |
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414 | 419 | | by the insurer in a calendar year from any kind of insurance written |
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415 | 420 | | by the insurer on each kind of property or risk located in this |
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416 | 421 | | state, including: |
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417 | 422 | | (1) fire insurance; |
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418 | 423 | | (2) ocean marine insurance; |
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419 | 424 | | (3) inland marine insurance; |
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420 | 425 | | (4) accident insurance; |
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421 | 426 | | (5) credit insurance; |
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422 | 427 | | (6) livestock insurance; |
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423 | 428 | | (7) fidelity insurance; |
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424 | 429 | | (8) guaranty insurance; |
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425 | 430 | | (9) surety insurance; |
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426 | 431 | | (10) casualty insurance; |
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427 | 432 | | (11) workers' compensation insurance; |
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428 | 433 | | (12) employers' liability insurance; |
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429 | 434 | | (13) crop insurance written by a farm mutual insurance |
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430 | 435 | | company; [and] |
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431 | 436 | | (14) home warranty insurance; and |
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432 | 437 | | (15) travel insurance. |
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433 | 438 | | SECTION 7. This Act takes effect September 1, 2019. |
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