33-17-1407. Travel administrators. (1) A person may not act or represent itself as a travel administrator for travel insurance in this state unless the person:

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Terms Used In Montana Code 33-17-1407

  • Administrator: means a person who collects charges or premiums from residents of this state in connection with life, disability, property, or casualty insurance or annuities or who adjusts or settles claims on these coverages. See Montana Code 33-17-102
  • Commissioner: means the commissioner of insurance of the state of Montana. See Montana Code 33-17-1401
  • License: means a document issued by the commissioner that authorizes a person to act as an insurance producer for the lines of authority specified in the document. See Montana Code 33-17-102
  • Person: means an individual or a business entity. See Montana Code 33-17-102
  • Property: means real and personal property. See Montana Code 1-1-205
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • 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 may 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;

    (b)an insurance producer selling insurance or engaged in administrative and facilitation of claims-related activities within the scope of the producer's license;

    (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 part;

    (d)an individual adjusting or settling claims in the normal course of that individual's practice or employment 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. See Montana Code 33-17-1401

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

    (i)interruption or cancellation of a trip or event;

    (ii)loss of baggage or personal effects;

    (iii)damages to accommodations or rental vehicles;

    (iv)sickness, accident, disability, or death occurring during travel;

    (v)emergency evacuation;

    (vi)repatriation of remains; or

    (vii)any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the commissioner. See Montana Code 33-17-1401

(a)is a licensed property and casualty insurance producer in this state for activities permitted under the producer’s license; or

(b)holds a valid third-party administrator certificate in this state.

(2)A travel administrator and its employees are exempt from the licensing requirements of Title 33, chapter 17, part 3, for travel insurance it administers.

(3)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 on request.