31A-23a-902.1.  Scope.

(1)  The requirements under this part:

Terms Used In Utah Code 31A-23a-902.1

  • Cancellation fee waiver: means a contractual agreement that:
(a) is between a supplier of a travel assistance service and the supplier's customer; and
(b) waives a non-refundable cancellation fee provision of the supplier's underlying travel contract, with or without regard to:
(i) the reason for the cancellation; or
(ii) the form of reimbursement. See Utah Code 31A-23a-902
  • Insurance: includes :
    (i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
    (ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
    (iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • Resident: is a s defined by rule made by the commissioner in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-23a-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Travel assistance service: includes :
    (i) a security advisory;
    (ii) destination information;
    (iii) a vaccination and immunization information service;
    (iv) a travel reservation service;
    (v) entertainment;
    (vi) activity and event planning;
    (vii) translation assistance;
    (viii) emergency messaging;
    (ix) an international legal or medical referral;
    (x) medical case monitoring;
    (xi) coordination of transportation arrangements;
    (xii) emergency cash transfer assistance;
    (xiii) medical prescription replacement assistance;
    (xiv) passport and travel document replacement assistance;
    (xv) lost luggage assistance; and
    (xvi) a concierge service. See Utah Code 31A-23a-902
    (a)  apply to travel insurance:

    (i)  that covers a resident of this state;

    (ii)  that is sold, solicited, negotiated, or offered in this state; and

    (iii)  for which policies and certificates are delivered or issued for delivery in this state; and

    (b)  do not apply, except as expressly provided, to:

    (i)  a cancellation fee waiver; or

    (ii)  a travel assistance service.
  • (2)  If there is a conflict between a provision of this part and another provision under this title, this part governs.

    Enacted by Chapter 364, 2022 General Session