31A-23a-905. Offering or disseminating travel insurance.
(1)
A travel retailer offering or disseminating travel insurance shall make available to a prospective purchaser a brochure or other written material that:
Terms Used In Utah Code 31A-23a-905
Employee: means :
(a)
an individual employed by an employer; or
(b)
an individual who meets the requirements of Subsection (53)(b). See Utah Code 31A-1-301
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
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
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
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 a substantive benefit, term, or condition of the contract if the person engaged in that act:
another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
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
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)
provides the identity and contact information of the insurer and the limited lines travel insurance producer;
(b)
explains that the purchase of travel insurance is not required to purchase any other product or service from the travel retailer; and
(c)
explains that an unlicensed travel retailer is permitted to provide general information about the insurance offered by the travel retailer, including a description of the coverage and price, but is not qualified or authorized to:
(i)
answer a technical question about the terms and conditions of the insurance the travel retailer offers; or
(ii)
evaluate the adequacy of the prospective purchaser’s existing insurance coverage.
(2)
A travel retailer’s employee or authorized representative who is not licensed as an insurance producer may not:
(a)
evaluate or interpret the technical terms, benefits, and conditions of the offered travel insurance coverage;
(b)
evaluate or provide advice concerning a prospective purchaser’s existing insurance coverage; or
(c)
hold the person out as a licensed insurer, licensed producer, or insurance expert.
(3)
Notwithstanding any other provision of this chapter, a travel retailer whose insurance-related activities, and the activities of the travel retailer’s employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer meeting the conditions stated in this part, is authorized to do so and receive related compensation for services, upon registration of the limited lines travel insurance producer as described in Subsection 31A-23a-904(2).
(4)
As the insurer designee, the limited lines travel insurance producer:
(a)
is responsible for the acts of the travel retailer; and
(b)
shall use responsible means to ensure compliance by the travel retailer under this part.
(5)
A person licensed in a general line of authority as an insurance producer is authorized to sell, solicit, and negotiate travel insurance.
