31A-23a-904. Travel retailers. Notwithstanding any other provision of this chapter, a travel retailer may offer and disseminate travel insurance under a limited lines travel insuranceproducerbusiness entitylicense only if the following conditions are met:
(1)
The limited lines travel insurance producer or travel retailer shall provide to a purchaser of travel insurance:
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
Insurer: is a s defined in Section 31A-1-301, except that the following persons or similar persons are not insurers for purposes of 7:
(a)
a risk retention group as defined in:
(i)
the Superfund Amendments and Reauthorization Act of 1986, Pub. See Utah Code 31A-23a-102
License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
Limited lines travel insurance producer: means one of the following designated by an insurer as the travel insurance supervising entity as provided in Subsection 31A-23a-905(4):
(a)
a licensed managing general agent or third party administrator; or
(b)
a licensed insurance producer, including a limited lines producer. See Utah Code 31A-23a-902
Offer and disseminate: means :
(a)
providing general information, including a description of the coverage and price;
(b)
processing an application;
(c)
collecting a premium; and
(d)
performing activities that the state permits to be done by a person who is not licensed. See Utah Code 31A-23a-902
Person: includes :
(a)
an individual;
(b)
a partnership;
(c)
a corporation;
(d)
an incorporated or unincorporated association;
(e)
a joint stock company;
(f)
a trust;
(g)
a limited liability company;
(h)
a reciprocal;
(i)
a syndicate; or
(j)
another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
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 insurance: means insurance coverage for personal risks incident to planned travel, including:
(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 during travel;
(v)
emergency evacuation;
(vi)
repatriation of remains; or
(vii)
a contractual obligation that indemnifies or pays a specified amount to the traveler upon a determinable contingency related to travel. See Utah Code 31A-23a-902
Travel retailer: means a business entity that:
(a)
makes, arranges, or offers a travel service; and
(b)
may offer and disseminate travel insurance as a service to the entity's customers on behalf of and under the direction of a limited lines travel insurance producer. See Utah Code 31A-23a-902
(a)
a description of the material terms or the actual material terms of the insurance coverage;
(b)
a description of the process for filing a claim;
(c)
a description of the review or cancellation process for the travel insurance policy; and
(d)
the identity and contact information of the insurer and limited lines travel insurance producer.
(2)
(a)
At the time of licensure, the limited lines travel insurance producer shall establish and maintain a register on a form prescribed by the commissioner of each travel retailer that offers travel insurance on the limited lines travel insurance producer’s behalf.
(b)
The limited lines travel insurance producer shall maintain and update the register annually and include:
(i)
the name, address, and contact information of the travel retailer;
(ii)
the name, address, and contact information of an officer or person who directs or controls the travel retailer’s operations; and
(iii)
the travel retailer’s federal tax identification number.
(c)
The limited lines travel insurance producer shall submit the register to the department upon reasonable request by the department.
(d)
The limited lines travel insurance producer shall certify that the travel retailer registered with the limited lines travel insurance producer has not violated 18 U.S.C. § 1033.
(3)
The limited lines travel insurance producer shall designate one of its employees who is a licensed individual travel insurance producer as the designated responsible producer who is responsible for the limited lines travel insurance producer’s compliance with the travel insurance laws and rules of the state.
(4)
The designated responsible producer, president, secretary, treasurer, and any other officer or person who directs or controls the limited lines travel insurance producer’s insurance operations shall comply with the fingerprinting requirements applicable to insurance producers in the resident state of the limited lines travel insurance producer.
(5)
The limited lines travel insurance producer shall pay all applicable insurance producer licensing fees imposed in accordance with Section 31A-3-103.
(6)
The limited lines travel insurance producer shall require an employee or authorized representative of a travel retailer whose duties include offering and disseminating travel insurance to receive a program of instruction or training that may be subject to review by the commissioner. The training materials shall, at a minimum, contain instructions on the types of insurance offered, ethical sales practices, and required disclosures to prospective customers.
