Montana Code 33-17-1406. Sales practices
33-17-1406. Sales practices. (1) All persons offering travel insurance to residents of this state are subject to the provisions of the unfair trade practice provisions of Title 33, chapter 18, except as otherwise provided in this section. In the event of a conflict between this part and other provisions of Title 33 regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this part control.
Terms Used In Montana Code 33-17-1406
- 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. See Montana Code 33-17-1401
- Blanket travel insurance: means a policy of travel insurance issued to any 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. See Montana Code 33-17-1401
- 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. See Montana Code 33-17-1401
- Individual: means a natural person. See Montana Code 33-17-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Limited lines travel insurance producer: means a:
(a)managing general agent or third-party administrator;
(b)licensed insurance producer, including a limited lines producer, designated by an insurer as the travel insurance supervising entity as set forth in 33-17-1404; or
(c)travel administrator. See Montana Code 33-17-1401
- Person: means an individual or a business entity. See Montana Code 33-17-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Travel insurance: means insurance coverage for personal risks incident to planned travel, including but not limited to:
(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 occurring during travel;
(v)emergency evacuation;
(vi)repatriation of remains; or
(vii)any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the commissioner. See Montana Code 33-17-1401
- Travel protection plans: means plans that provide one or more of the following:
(a)travel insurance;
(b)travel assistance services; or
(c)cancellation fee waivers. See Montana Code 33-17-1401
- Travel retailer: means a business entity that makes, arranges, or offers travel services and that may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer. See Montana Code 33-17-1401
(2)Offering or selling a travel insurance policy that could never result in payment of any claims for any insured under the policy is an unfair trade practice under Title 33, chapter 18.
(3)The marketing of a travel insurance policy must meet the following requirements:
(a)All documents provided to consumers prior to the purchase of travel insurance, including but not limited to sales materials, advertising materials, and marketing materials, must be consistent with the travel insurance policy itself, including but not limited to forms, endorsements, policies, rate filings, and certificates of insurance.
(b)For travel insurance policies or certificates that contain preexisting condition exclusions, information and an opportunity to learn more about the preexisting condition exclusions must be provided any time prior to the time of purchase and included in the coverage’s fulfillment materials.
(c)(i) The fulfillment materials and the information described in 33-17-1402(2)(a)(i) through (2)(a)(iv) must be provided to a policyholder or certificate holder as soon as practicable following the purchase of a travel protection plan. Unless the insured has either started a covered trip or filed a claim under the travel insurance coverage, a policyholder or certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least:
(A)15 days following the date of delivery of the travel protection plan’s fulfillment materials by postal mail; or
(B)10 days following the date of delivery of the travel protection plan’s fulfillment materials by means other than postal mail.
(ii)For the purposes of subsection (3)(c)(i), “delivery” means handing fulfillment materials to the policyholder or certificate holder or sending fulfillment materials by postal mail or electronic means to the policyholder or certificate holder.
(d)The company shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage.
(e)When travel insurance is marketed directly to a consumer through an insurer’s website or by others through an aggregator site, it is not an unfair trade practice or other violation of law if an accurate summary or short description of coverage is provided on the web page and as long as the consumer has access to the full provisions of the policy through electronic means.
(4)A person offering, soliciting, or negotiating travel insurance or travel protection plans on an individual or group basis may not do so by using negative option or opt out, which would require a consumer to take an affirmative action to deselect coverage, such as unchecking a box on an electronic form, when the consumer purchases a trip.
(5)It is an unfair trade practice to market blanket travel insurance coverage as free.
(6)When a consumer’s destination jurisdiction requires insurance coverage, it is not an unfair trade practice to require that a consumer choose between the following options as a condition of purchasing a trip or travel package:
(a)purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or
(b)agreeing to obtain and provide proof of coverage that meets the destination jurisdiction’s requirements prior to departure.