(1) Notwithstanding the provisions of ORS § 744.053, a travel retailer may offer and disseminate travel insurance on behalf of and at the direction of a limited travel insurance producer and may receive compensation for doing so.

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(2) A limited travel insurance producer may direct a travel retailer to offer and disseminate travel insurance pursuant to subsection (1) of this section only if the following conditions are met:

(a) The name, contact information and license number of the limited travel insurance producer are clearly identified on marketing materials and fulfillment packages distributed by the travel retailer to customers;

(b) The limited travel insurance producer, at the time of licensure and thereafter, establishes and maintains a register, in a form approved by the Director of the Department of Consumer and Business Services, that contains the following information for each travel retailer that offers and disseminates travel insurance at the direction of the limited travel insurance producer:

(A) The name, address, contact information and federal employer identification number of the travel retailer;

(B) The name, address and contact information of an officer or person who directs or controls the operations of the travel retailer; and

(C) An affidavit executed under oath by the travel retailer stating that the travel retailer is not guilty of any offense under 18 U.S.C. § 1033;

(c) The limited travel insurance producer submits the register described in paragraph (b) of this subsection to the director within 30 days of a request by the director;

(d) The limited travel insurance producer designates an employee who is a limited travel insurance producer as responsible for ensuring the compliance of the limited travel insurance producer with the laws, rules and regulations of this state;

(e) The employee designated in paragraph (d) of this subsection, as well as the president, secretary, treasurer and any other person who directs or controls the insurance operations of the limited travel insurance producer, all comply with fingerprinting requirements established by the director;

(f) The limited travel insurance producer does not owe any outstanding fees relating to insurance licensing; and

(g) Each employee of the travel retailer whose duties include offering and disseminating travel insurance receives a program of instruction or training that contains instructions on the types of insurance offered, ethical sales practices, required disclosures to customers and any other content that the director may prescribe.

(3) A travel retailer that offers and disseminates travel insurance shall make available to customers brochures or other written materials that:

(a) Provide the identity and contact information of the insurer and the limited travel insurance producer;

(b) Explain that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and

(c) Explain that a travel retailer that is not a limited travel insurance producer 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 a customer’s existing insurance coverage.

(4) A travel retailer that is not a limited travel insurance producer may not:

(a) Evaluate or interpret the technical terms, benefits or conditions of travel insurance offered by the travel retailer;

(b) Evaluate or advise concerning a prospective purchaser’s existing insurance coverage; or

(c) Hold itself out as an insurance expert or a limited travel insurance producer. [2015 c.675 § 3]

[1967 c.359 § 535; 1971 c.231 § 29; repealed by 1989 c.701 § 81]