For purposes of this chapter, unless the context otherwise requires:

Terms Used In North Dakota Code 26.1-58-01

  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • children: includes children by birth and by adoption. See North Dakota Code 1-01-18
  • Contract: A legal written agreement that becomes binding when signed.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Trustee: A person or institution holding and administering property in trust.

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.

2.    “Blanket travel insurance” means a policy of travel insurance issued to an 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.

3.    “Cancellation fee waiver” means a contractual agreement between a supplier of travel services and the supplier’s customer to waive some or all of the nonrefundable cancellation 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.    “Eligible group”, solely for purposes of travel insurance, means two or more persons that are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, including any of the following:

a.    An entity engaged in the business of providing travel or travel services, including 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 airlines, cruise lines, railroads, steamship companies, and public bus carriers, under which 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.    A college, school, or other institution of learning, covering students, teachers, employees, or volunteers; c.    An employer covering any group of employees, volunteers, contractors, board of directors, dependents, or guests; d.    A sports team, camp, or sponsor of a sports team or camp, covering participants, members, campers, employees, officials, supervisors, or volunteers; e.    A religious, charitable, recreational, educational, or civic organization, or branch thereof, covering any group of members, participants, or volunteers; f.    A financial institution or financial institution vendor; parent holding company, trustee, or agent of the financial institution or vendor; or parent holding company, trustee, or agent designated by one or more financial institutions or financial institution vendors, including accountholders, credit card holders, debtors, guarantors, or purchasers; g.    An 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 the association’s members; h.    A 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 permitting the use of a trust and the state premium tax in section 26.1-58-03 of one or more associations meeting the requirements of subdivision g; i.    An entertainment production company covering a group of participants, volunteers, audience members, contestants, or workers; j.    A volunteer fire department, ambulance, rescue, police, court, or first aid, civil defense, or other such volunteer group; k.    Preschools, day care institutions for children or adults, and senior citizen clubs; l.    An automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees, or passengers defined by the individuals’    travel 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 or leasing company, is the policyholder under a policy to which this section applies; or

m.    Any other group for which the commissioner has determined the members are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, and issuance of the policy would not be contrary to the public interest.

5.    “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.

6.    “Group travel insurance” means travel insurance issued to an eligible group.

7.    “Limited lines travel insurance producer” has the same meaning as provided in section 26.1-26-54.

8.    “Offer and disseminate” has the same meaning as provided in section 26.1-26-54.

9.    “Primary certificate holder”, specific to section 26.1-58-03, means an individual who elects and purchases travel insurance under a group policy.

10.    “Primary policyholder”, specific to section 26.1-58-03, means an individual who elects and purchases individual travel insurance.

11.    “Travel administrator” means a person that 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 a person is not considered a travel administrator if that person’s only actions that would otherwise cause the person to be considered a travel administrator are among the following:

a.    A person working for a travel administrator to the extent 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 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 chapter; 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 affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer.

12.    “Travel assistance services” means noninsurance services for which the consumer is not indemnified based on a fortuitous event, and for which providing the service does not result in transfer or shifting of risk that would constitute the business of insurance. The term includes security advisories, destination information, vaccination and immunization information services, travel reservation services, entertainment, activity and event planning, translation assistance, emergency messaging, international legal and medical referrals, medical case monitoring, coordination of transportation arrangements, emergency cash transfer assistance, medical prescription replacement assistance, passport and travel document replacement assistance, lost luggage assistance, concierge services, and any other service furnished in connection with planned travel. Travel assistance services are not insurance.

13.    “Travel insurance” has the same definition as provided in section 26.1-26-54.

14.    “Travel protection plan” means a plan that provides one or more of the following:

a.    Travel insurance.

b.    Travel assistance services. c.    Cancellation fee waivers.

15.    “Travel retailer” has the same definition as provided in section 26.1-26-54.