Terms Used In West Virginia Code > Chapter 33 > Article 62 - Travel Insurance Model Act

• Aggregator site: means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping. See West Virginia Code 33-62-3
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Blanket travel insurance: means travel insurance issued to any eligible group providing coverage for specified circumstances and specific classes of persons defined in the policy with coverage provided to all members of the eligible group without a separate charge to individual members of the eligible group. See West Virginia Code 33-62-3
• Cancellation fee waiver: means a contractual agreement between a supplier of travel arrangements or travel services and its customer to waive some or all of the non-refundable cancellation fee or penalty provisions of the underlying travel contract between the supplier and customer with or without regard to the reason for the cancellation or form of reimbursement. See West Virginia Code 33-62-3
• Commissioner: means the commissioner of insurance of this state. See West Virginia Code 33-62-3
• Contract: A legal written agreement that becomes binding when signed.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Eligible group: means any of the following:

  (A) Any entity engaged in the business of providing travel or travel services, including, but not limited to, tour operators, lodging providers, vacation property owners, hotels and resorts, travel clubs, travel agencies, property managers, cultural exchange programs, and common carriers, or the operator, owner, or lessor of a means of transportation of passengers, including, but not limited to, airlines, cruise lines, railroads, steamship companies, and public bus carriers. See West Virginia Code 33-62-3

• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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 West Virginia Code 33-62-3
• Group travel insurance: means travel insurance issued to any eligible group. See West Virginia Code 33-62-3
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• 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.
• Limited lines travel insurance producer: means a:

  (A) Licensed managing general agent or third party administrator. See West Virginia Code 33-62-3

• Offer and disseminate: means providing general information, including a description of the coverage and price, as well as processing the application, collecting premiums, and performing other non-licensable activities permitted by the state. See West Virginia Code 33-62-3
• Primary certificate holder: means an individual person who elects and purchases travel insurance under a group policy. See West Virginia Code 33-62-3
• Primary policyholder: means an individual person who elects and purchases individual travel insurance. See West Virginia Code 33-62-3
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Travel administrator: means a person who directly or indirectly underwrites, collects charges, collateral, or premiums from, or adjusts or settles claims on residents of this state, in connection with travel insurance, except that a person shall not be considered a travel administrator if that person's only actions that would otherwise cause it to be considered a travel administrator are among the following:

  (A) A person working for a travel administrator to the extent that the person's activities are subject to the supervision and control of the travel administrator. See West Virginia Code 33-62-3

• Travel assistance services: means non-insurance services that may be distributed by limited lines travel insurance producers or other entities, and for which there is no indemnification for the travel protection plan customer based on a fortuitous event, nor any transfer or shifting of risk that would constitute the business of insurance. See West Virginia Code 33-62-3
• Travel insurance: means insurance coverage for personal risks incident to planned travel, including, but not limited to:

  (A) Interruption or cancellation of trip or event. See West Virginia Code 33-62-3

• Travel protection plans: means plans that provide one or more of the following: travel insurance, travel assistance services, and cancellation fee waivers. See West Virginia Code 33-62-3
• Travel retailer: means a business entity that makes, arranges, or offers travel services and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer. See West Virginia Code 33-62-3
• Trustee: A person or institution holding and administering property in trust.