31A-23a-911.  Classification of travel insurance — Standards — Status.

(1)  An insurer shall classify and file travel insurance under an inland marine line of insurance.

Terms Used In Utah Code 31A-23a-911

  • 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
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Inland marine insurance: includes insurance covering:
    (a) property in transit on or over land;
    (b) property in transit over water by means other than boat or ship;
    (c) bailee liability;
    (d) fixed transportation property such as bridges, electric transmission systems, radio and television transmission towers and tunnels; and
    (e) personal and commercial property floaters. 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
  • Policy: includes a service contract issued by:
    (i) a motor club under Chapter 11, Motor Clubs;
    (ii) a service contract provided under Chapter 6a, Service Contracts; and
    (iii) a corporation licensed under:
    (A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
    (B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
  • 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
  • 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
    (2)  An insurer may:

    (a)  issue travel insurance as an individual, group, or blanket policy; or

    (b)  develop eligibility and underwriting standards for travel insurance based on travel protection plans designed for individual or identified marketing or distribution channels, if the standards also meet underwriting standards for inland marine insurance.

    (3)  Under this part, the following are not insurance:

    (a)  a cancellation fee waiver; and

    (b)  a travel assistance service.

    Enacted by Chapter 364, 2022 General Session