(a)

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Terms Used In Tennessee Code 56-33-104

  • Aggregator site: means a website that provides access to information regarding insurance products from more than one (1) insurer, including product and insurer information, for use in comparison shopping. See Tennessee Code 56-33-102
  • 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 Tennessee Code 56-33-102
  • Person: means a business entity or a natural person. See Tennessee Code 56-33-102
  • Travel protection plans: means plans that provide at least one (1) of the following:
    (A) Travel insurance. See Tennessee Code 56-33-102
(1) As used 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.
(2) Documents provided to consumers prior to the purchase of travel insurance, including sales materials, advertising materials, and marketing materials, must be consistent with the travel insurance policy itself, including forms, endorsements, policies, rate filings, and certificates of insurance.
(3) For travel insurance policies or certificates that contain pre-existing condition exclusions, information and an opportunity to learn more about the pre-existing condition exclusions must be provided:

(A) Prior to the time of purchase; and
(B) In the coverage’s fulfillment materials.
(4)

(A) The fulfillment materials and the information described in § 56-6-1403(a)(2)(A)(i)-(iv) must be provided to a policyholder or certificate holder as soon as practicable, following the purchase of a travel protection plan.
(B) Unless the insured has 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:

(i) Fifteen (15) days following the date of delivery of the travel protection plan’s fulfillment materials by postal mail; or
(ii) Ten (10) days following the date of delivery of the travel protection plan’s fulfillment materials by means other than postal mail.
(5) The person shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage.
(6) If travel insurance is marketed directly to a consumer through an insurer’s website or by another through an aggregator site, then it is not an unfair trade practice or other violation of law to provide an accurate summary or short description of coverage on the web page, if the consumer has access to the full provisions of the policy through electronic means.
(b)

(1) A person offering, soliciting, or negotiating travel insurance or travel protection plans on an individual or group basis shall not do so by using a negative option or opt-out.
(2) As used in this subsection (b), “negative option or opt-out” means an option that requires a consumer to take an affirmative action to deselect coverage when the consumer purchases a trip, such as unchecking a box on an electronic form.
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