Sec. 19.9. (a) The commissioner may issue a limited lines travel insurance producer license to a person that files an application with the commissioner for a limited lines travel producer insurance license in the form and manner prescribed by the commissioner. A limited lines travel insurance producer licensed under this subsection may sell, solicit, or negotiate travel insurance through a licensed insurer. A person may not act as a limited lines travel insurance producer unless properly licensed or as a travel insurance retailer unless properly registered.

     (b) A travel retailer may offer and disseminate travel insurance under a limited lines travel insurance producer business entity license only if the following conditions are met:

(1) The travel retailer or limited lines travel insurance provider provides the following information to purchasers of a travel insurance policy:

(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.

(D) The identity and contact information of the insurer and limited lines travel insurance producer.

(2) At the time of licensure, the limited lines travel insurance producer establishes and maintains a register, on a form prescribed by the commissioner, of each travel retailer that offers travel insurance on behalf of the limited lines travel insurance producer. The register must be maintained and updated by the limited lines travel insurance producer and include the name, address, and contact information of the travel retailer, the individual who directs or controls the travel retailer’s operations, and the travel retailer’s federal tax identification number. The limited lines travel insurance producer must submit the register to the department upon reasonable request. The limited lines travel insurance producer must also certify the travel retailer registered complies with 18 U.S.C. § 1033. The grounds for suspension and revocation and the penalties applicable to resident insurance producers under section 12 of this chapter apply to travel retailers and limited lines travel insurance producers operating under this subsection.

(3) The limited lines travel insurance producer designates an individual employee who is a licensed insurance producer as the designated responsible producer responsible for the travel retailer’s compliance with the travel insurance laws and regulations applicable to the limited lines travel insurance producer and its registrants.

(4) The designated responsible producer, president, secretary, treasurer, and any other officer or individual who directs or controls the operations of the limited lines travel insurance producer complies 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 pays all applicable licensing fees required by state law.

(6) The limited lines travel insurance producer requires each employee and authorized representative of the travel retailer whose duties include offering and disseminating travel insurance to receive a training program, which is subject to the review and approval of the commissioner. The training material must, at a minimum, contain adequate instructions on the types of insurance offered, ethical sales practices, and required disclosures to prospective purchasers.

     (c) A travel retailer that offers or disseminates travel insurance must make available to prospective purchasers any brochures or other written materials approved by the travel insurer. The brochures or other written materials must include, at a minimum, the following information:

(1) The identity and contact information of the insurer and the limited lines travel insurance producer.

(2) An explanation that the purchase of travel insurance is not required to purchase any other product or service from the travel retailer.

(3) An explanation that an unlicensed travel retailer is permitted to provide only general information about the travel insurance offered by the travel retailer, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the terms and conditions of the travel insurance offered by the travel retailer or to evaluate the adequacy of the prospective purchaser’s existing insurance coverage.

     (d) An employee or authorized representative of a travel retailer who is not licensed as an insurance producer may not:

(1) evaluate or interpret the technical terms, benefits, or conditions of the offered travel insurance coverage;

(2) evaluate or provide advice concerning a prospective purchaser’s existing insurance coverage; or

(3) hold himself or herself out as a licensed insurer, licensed producer, or insurance expert.

     (e) Notwithstanding any other law, a travel retailer whose insurance related activities, including the activities of its 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 as required under this section may receive related compensation upon registration by the limited lines travel insurance producer as required in subsection (b)(2).

     (f) As an insurer’s designee, a limited lines insurance producer is responsible for the acts of a travel retailer and shall use reasonable means to ensure compliance of the travel retailer with this section.

     (g) Any person licensed in a major line of authority as an insurance producer is authorized to sell, solicit, and negotiate travel insurance. A property and casualty insurance producer is not required to become appointed by an insurer to sell, solicit, or negotiate travel insurance.

As added by P.L.19-2022, SEC.3.