(a) Notwithstanding any other provisions of this chapter, no person shall act or represent itself as a travel administrator in this state unless that person:

Terms Used In West Virginia Code 33-62-9

  • Commissioner: means the commissioner of insurance of this state. See West Virginia Code 33-62-3
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • 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 that a person shall not be considered a travel administrator if that person's only actions that would otherwise cause it to be considered a travel administrator are among the following:

    (A) A person working for a travel administrator to the extent that the person's activities are subject to the supervision and control of the travel administrator. See West Virginia Code 33-62-3

  • Travel insurance: means insurance coverage for personal risks incident to planned travel, including, but not limited to:

    (A) Interruption or cancellation of trip or event. See West Virginia Code 33-62-3

(1) Is a licensed property and casualty insurance producer in this state for activities permitted under that producer license;

(2) Holds a valid managing general agent (MGA) license in this state pursuant to § 33-37-1 et seq. of this code; or

(3) Holds a valid third-party administrator (TPA) license in this state pursuant to § 33-46-1 et seq. of this code.

(b) A travel administrator and its employees are exempt from the licensing requirements of § 33-12B-1 et seq. of this code.

(c) An insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer, 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 commissioner upon request.