Terms Used In Montana Code > Title 33 > Chapter 17 > Part 14 - Travel Insurance

• 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
• 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. See Montana Code 33-17-1401
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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 the eligible group without a separate charge to individual members of the eligible group. See Montana Code 33-17-1401
• Business entity: means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. See Montana Code 33-17-102
• Cancellation fee waiver: means a contractual agreement between a supplier of travel services and its customer to waive some or all of the non-refundable cancellation fee provisions of the supplier's underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement. See Montana Code 33-17-1401
• Commissioner: means the commissioner of insurance of the state of Montana. See Montana Code 33-17-1401
• Contract: A legal written agreement that becomes binding when signed.
• Eligible group: means , for the purpose 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 travel or travel services, including but not limited to tour operators, lodging providers, vacation property owners, hotels and resorts, travel clubs, travel agencies, property managers, cultural exchange programs, and common carriers or the operator, owner, 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 regard to any particular travel or type of travel or travelers, all members or customers of the group must have a common exposure to risk attendant to the travel;

  (b)any college, school, or other institution of learning, covering students, teachers, employees, or volunteers;

  (c)any employer covering any group of employees, volunteers, contractors, board of directors, dependents, or guests;

  (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 branch thereof covering any group of members, participants, or volunteers;

  (f)any financial institutions or financial institution vendor or parent holding company, trustee, 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 the association covering its members;

  (h)any trust or the trustees of a fund established, created, or maintained for the benefit of and covering members, employees, or customers, subject to the commissioner's permitting the use of a trust and the state's premium tax provisions in 33-2-705 of one or more associations meeting the requirements in subsection (5)(g);

  (i)any entertainment production company covering any group of participants, volunteers, audience members, contestants, or workers;

  (j)any volunteer fire department, ambulance, rescue, police, or court or any first aid, civil defense, or other volunteer group;

  (k)preschools, daycare institutions for children or adults, and senior citizen clubs;

  (l)any automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees, or passengers defined by their travel status on the rented or leased vehicles. See Montana Code 33-17-1401

• Exchange: means a health benefit exchange established by the state of Montana or an exchange established by the United States department of health and human services in accordance with 42 U. See Montana Code 33-17-102
• Fulfillment materials: means documentation sent to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan's coverage and assistance details. See Montana Code 33-17-1401
• Individual: means a natural person. See Montana Code 33-17-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• Limited lines producer: means a person authorized by the commissioner to sell, solicit, or negotiate limited lines insurance. See Montana Code 33-17-102
• Limited lines travel insurance producer: means a:

  (a)managing general agent or third-party administrator;

  (b)licensed insurance producer, including a limited lines producer, designated by an insurer as the travel insurance supervising entity as set forth in 33-17-1404; or

  (c)travel administrator. See Montana Code 33-17-1401

• Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract if the person engaged in negotiation either sells insurance or obtains insurance from insurers for purchasers. See Montana Code 33-17-102
• Offer and disseminate: means providing general information, including a description of coverage and price, as well as processing applications, collecting premiums, and performing other activities not requiring licensure by the state. See Montana Code 33-17-1401
• Person: means an individual or a business entity. See Montana Code 33-17-102
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Sell: means to exchange a contract of insurance by any means, for money or the equivalent, on behalf of an insurance company. See Montana Code 33-17-102
• Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance. See Montana Code 33-17-102
• 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 assistance services: means noninsurance services for which the consumer is not indemnified based on a fortuitous event and that do not result in the transfer or shifting of risk that would constitute the business of insurance. 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

• Travel protection plans: means plans that provide one or more of the following:

  (a)travel insurance;

  (b)travel assistance services; or

  (c)cancellation fee waivers. See Montana Code 33-17-1401

• Travel retailer: means a business entity that makes, arranges, or offers travel services and that 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. See Montana Code 33-17-1401
• Trustee: A person or institution holding and administering property in trust.