New Hampshire Revised Statutes 402-L:7 – Sales Practices
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I. All persons offering travel insurance to residents of this state are subject to RSA 417, except as otherwise provided in this section. In the event of a conflict between this chapter and other provisions of Title XXXVII regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this chapter shall control.
II. 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 RSA 417.
III. (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, shall be consistent with the travel insurance policy itself, including but not limited to, forms, endorsements, policies, rate filings, and certificates of insurance.
(b) For blanket personal inland marine travel insurance policies or certificates that contain pre-existing condition exclusions, information, and an opportunity to learn more about the pre-existing condition exclusions shall be provided any time prior to the time of purchase, and in the coverage’s fulfillment materials.
(c)(1) The fulfillment materials and the information described in N.H. Rev. Stat. § 402-L:3, II(a)(1) shall 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) Fifteen days following the date of delivery of the travel protection plan’s fulfillment materials by postal mail; or
(B) Ten days following the date of delivery of the travel protection plan’s fulfillment materials by means other than postal mail.
(2) In this section, 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) For blanket personal inland marine travel insurance policies or certificates, the company shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage.
(e) If travel insurance is marketed directly to a consumer through an insurer’s Internet website or by others through an aggregator site, it shall not be an unfair trade practice or other violation of law where an accurate summary or short description of coverage is provided on the website page, if the consumer has access to the full provisions of the policy through electronic means.
IV. No person offering, soliciting, or negotiating travel insurance or travel protection plans on an individual or group basis may 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.
V. It shall be an unfair trade practice to market blanket travel insurance coverage as free.
VI. When a consumer’s destination jurisdiction requires insurance coverage, it shall not be 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.
II. 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 RSA 417.
Terms Used In New Hampshire Revised Statutes 402-L:7
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- 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.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. (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, shall be consistent with the travel insurance policy itself, including but not limited to, forms, endorsements, policies, rate filings, and certificates of insurance.
(b) For blanket personal inland marine travel insurance policies or certificates that contain pre-existing condition exclusions, information, and an opportunity to learn more about the pre-existing condition exclusions shall be provided any time prior to the time of purchase, and in the coverage’s fulfillment materials.
(c)(1) The fulfillment materials and the information described in N.H. Rev. Stat. § 402-L:3, II(a)(1) shall 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) Fifteen days following the date of delivery of the travel protection plan’s fulfillment materials by postal mail; or
(B) Ten days following the date of delivery of the travel protection plan’s fulfillment materials by means other than postal mail.
(2) In this section, 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) For blanket personal inland marine travel insurance policies or certificates, the company shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage.
(e) If travel insurance is marketed directly to a consumer through an insurer’s Internet website or by others through an aggregator site, it shall not be an unfair trade practice or other violation of law where an accurate summary or short description of coverage is provided on the website page, if the consumer has access to the full provisions of the policy through electronic means.
IV. No person offering, soliciting, or negotiating travel insurance or travel protection plans on an individual or group basis may 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.
V. It shall be an unfair trade practice to market blanket travel insurance coverage as free.
VI. When a consumer’s destination jurisdiction requires insurance coverage, it shall not be 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.