Ohio Code 3905.067 – Unfair and deceptive acts or practices
(A) Except as otherwise provided in this section, all persons offering travel insurance to residents of this state are subject to sections 3901.19 to 3901.26 of the Revised Code.
Terms Used In Ohio Code 3905.067
- agent: means any person that, in order to sell, solicit, or negotiate insurance, is required to be licensed under the laws of this state, including limited lines insurance agents and surplus line brokers. See Ohio Code 3905.01
- Insurance: means any of the lines of authority set forth in Chapter 1739. See Ohio Code 3905.01
- 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.
- state: means the state of Ohio. See Ohio Code 1.59
(B) Any limited lines travel insurance agent, or any travel retailer offering or selling travel insurance under a limited lines travel insurance agent, that fails to comply with the provisions of sections 3905.064 to 3905.0611 of the Revised Code is deemed to have engaged in an unfair and deceptive act or practice in the business of insurance as defined in section 3901.21 of the Revised Code and is subject to section 3905.14 of the Revised Code.
(C) Both of the following shall be considered an unfair and deceptive act or practice in the business of insurance, as defined in section 3901.21 of the Revised Code, and are subject to, in addition to the penalties prescribed in section 3901.22 of the Revised Code, disciplinary action under section 3905.14 of the Revised Code:
(1) Offering or selling a travel insurance policy that could never result in payment of any claims;
(2) Marketing blanket travel insurance coverage as free.
(D) Marketing travel insurance directly to a consumer through a travel insurer’s web site or by others through an aggregator site is not an unfair and deceptive act or practice or other violation of law if both of the following conditions are met:
(1) An accurate summary or short description of coverage is provided on the web site;
(2) The consumer has access to the full provisions of the policy through electronic means.
(E) Where a consumer’s destination jurisdiction requires insurance coverage, it is not an unfair and deceptive act or practice in the business of insurance to require a consumer to choose between the following options as a condition of purchasing a trip or travel package:
(1) Purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance agent supplying the trip or travel package;
(2) Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction’s requirements prior to departure.
Last updated June 8, 2022 at 1:11 PM