Please wait while the document is loaded.

A02053
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1576
Session of
2017
INTRODUCED BY PICKETT AND DeLUCA, JUNE 16, 2017
REFERRED TO COMMITTEE ON INSURANCE, JUNE 16, 2017
AN ACT
Amending the act of May 17, 1921 (P.L.789, No.285), entitled "An
act relating to insurance; establishing an insurance
department; and amending, revising, and consolidating the law
relating to the licensing, qualification, regulation,
examination, suspension, and dissolution of insurance
companies, Lloyds associations, reciprocal and inter-
insurance exchanges, and certain societies and orders, the
examination and regulation of fire insurance rating bureaus,
and the licensing and regulation of insurance agents and
brokers; the service of legal process upon foreign insurance
companies, associations or exchanges; providing penalties,
and repealing existing laws," providing for limited lines
travel insurance.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of May 17, 1921 (P.L.789, No.285), known
as The Insurance Department Act of 1921, is amended by adding an
article to read:
ARTICLE XIII
LIMITED LINES TR AVEL INSURANCE
Section 1301. Scope of article.
This article deals with travel insurance.
Section 1302. Definitions.
The following words and phrases when used in this article
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Application." As defined in section 601-A.
"Business entity." A person that is not an individual.
"Commissioner." The Insurance Commissioner of the
Commonwealth.
"Customer." A person who purchases travel services or travel
insurance.
"Department." The Insurance Department of the Commonwealth.
"Designated licensee." As defined in section 601-A.
"Enrolled customer." A customer who elects coverage under a
travel insurance policy.
"Insurer." As defined in section 601-A.
"Limited lines travel insurance producer." A person licensed
to sell, solicit or negotiate a contract of travel insurance.
"Location." A physical location in this Commonwealth or an
Internet website, call center site or similar location provided
to residents of this Commonwealth.
"Negotiate." To confer directly with or to offer advice
directly to a customer or prospective customer of a particular
contract of insurance concerning the substantive benefits, terms
or conditions of the contract, provided that the person engaged
in that act either sells insurance or obtains insurance from
insurers for customers .
"Offer and disseminate." To provide general information,
including a description of the coverage and price, as well as
processing an application for travel insurance, collecting
premiums and performing other activities for which no insurance
license is required.
"Sell." To exchange a contract of insurance by any means for
A02053 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
money or its equivalent on behalf of an insurance entity.
"Solicit." To attempt to sell insurance or ask or urge a
person to apply for a particular kind of insurance from a
particular insurance entity.
"Travel insurance." Insurance providing coverage for
personal risks incident to planned travel. The following apply:
(1) The term includes:
(i) Interruption or cancellation of trip or event.
(ii) Loss of baggage or personal effects.
(iii) Damages to accommodations or rental vehicles.
(iv) Sickness, accident, disability or death
occurring during travel.
(2) The term does not include:
(i) A service contract as defined in section 358(b)
of the act of May 17, 1921 (P.L.682, No.284), known as
The Insurance Company Law of 1921.
(ii) A major medical plan that provides
comprehensive medical protection to a traveler with a
trip lasting six months or longer, including a person
working overseas as an expatriate or deployed military
personnel.
"Travel insurance transaction." The sale of travel insurance
to a customer.
"Travel retailer." A business entity that makes, arranges or
offers travel services and that may offer and disseminate travel
insurance as a service to its customers on behalf of and under
the direction of a licensed limited lines travel insurance
producer who is physically located on its premises.
Section 1303. Licensure of limited lines travel insurance
producers.
A02053 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(a) Requirement.--A limited lines travel insurance producer
is required to hold a limited lines travel insurance license to
sell, solicit or negotiate coverage under a policy of travel
insurance.
(b) Limited lines license.--A limited lines license issued
under this article shall authorize a travel retailer registered
under the license of the limited lines insurance producer, and
each employee or authorized representative of the travel
retailer, to:
(1) Offer and disseminate coverage under a policy of
travel insurance to a customer when the licensed limited
lines travel insurance producer is physically present in the
location where the travel retailer or authorized
representative engages in travel insurance transactions.
(2) Receive compensation from the limited lines travel
insurance producer for those activities.
(c) License.--Notwithstanding any other provision of law, a
license issued under this section shall authorize the licensee,
a travel retailer registered under the licensee's license and an
employee or authorized representative of the travel retailer to
engage in activities permitted in this section, provided that
the licensed limited lines travel insurance producer is
physically present in the location where the travel insurance
transactions take place.
Section 1304. Requirements for sale of travel insurance.
(a) Authority and licensure.--A travel retailer and each
employee and authorized representative of the travel retailer
may offer and disseminate travel insurance to customers and
shall not be subject to licensure as an insurance producer under
Article VI-A if:
A02053 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) The limited lines travel insurance producer obtains
a limited lines license and is physically present in the
location where the travel retailer and its employees and
authorized representatives engage in travel insurance
transactions.
(2) The limited lines travel insurance producer or
travel retailer provides to each customer of travel
insurance:
(i) A description of the material terms or actual
material terms of the insurance coverage.
(ii) A description of the process for filing a
claim.
(iii) A description of the review or cancellation
process for the travel insurance policy.
(iv) The identity and contact information of the
travel retailer, insurer and limited lines travel
insurance producer.
(b) Register of travel retailers.--
(1) At the time of licensure, the limited lines travel
insurance producer shall establish and maintain a register of
each travel retailer in this Commonwealth where travel
insurance is offered on the limited lines travel insurance
producer's behalf.
(2) The register shall be maintained and updated
annually by the limited lines travel insurance producer and
shall include:
(i) The name, address and contact information of the
travel retailer.
(ii) The name of the officer or person who directs
or controls the travel retailer's operations.
A02053 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(iii) The travel retailer's Federal Tax
Identification Number.
(iv) A list of the employees and authorized
representatives of the travel retailer in each location.
(3) The limited lines travel insurance producer shall
submit the register to the department upon request.
(4) The limited lines travel insurance producer shall
certify that the travel retailer registered complies with 18
U.S.C. ยง 1033 (relating to crimes by or affecting persons
engaged in the business of insurance whose activities affect
interstate commerce).
(c) List of locations.--A travel retailer shall maintain a
list of the locations in this Commonwealth where it offers and
disseminates travel insurance coverage information and, upon
request, provide the list to the department.
(d) Training.--The insurer issuing the travel insurance must
either directly supervise or authorize a designated licensee to
supervise the administration of a training program, including
the development of the program, for employees and authorized
representatives of the travel retailer which may be subject to
review by the department. The training shall comply with the
following:
(1) The training shall be delivered to employees and
authorized representatives of a travel retailer who are
directly engaged in the activity of offering and
disseminating travel insurance information .
(2) The training may be provided in electronic form. If
conducted in an electronic form, the insurer shall implement
a supplemental education program regarding travel insurance
that is conducted and overseen by the designated licensee.
A02053 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(3) Each employee and authorized representative, at a
minimum, shall receive basic instruction about the types of
travel insurance offered, ethical sales practices and the
disclosures required under this section.
(e) Written materials.--A travel retailer offering or
disseminating travel insurance shall provide to every
prospective customer a brochure or other written material that:
(1) Provides the identity and contact information of the
insurer and the limited lines travel insurance producer.
(2) Discloses that travel insurance may provide a
duplication of coverage already provided under insurance
policies that the customer already maintains.
(3) Explains that purchase of travel insurance is not
required in order to purchase another product or service from
the travel retailer.
(4) Explains that an unlicensed travel retailer is
permitted to provide general information about the 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
insurance coverage, including those coverages that are
already maintained by the customer .
(f) Limitations.--A travel retailer's employee or authorized
representative who is not licensed as a designated licensee may
not:
(1) Evaluate or interpret the technical terms, benefits
and conditions of the offered travel insurance coverage.
(2) Evaluate or provide advice concerning a prospective
customer's existing insurance coverage.
(3) Advertise, represent or otherwise hold himself or
A02053 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
herself out as a licensed insurer, designated licensee or
insurance expert.
(g) Charges.--The charges for travel insurance coverage may
be billed and collected by the travel retailer. A charge to the
enrolled customer for coverage that is not included in the cost
associated with the purchase of travel services shall be
separately itemized on the enrolled customer's bill. If the
travel insurance coverage is included with the purchase of
travel services, the travel retailer shall clearly and
conspicuously disclose to the enrolled customer that the travel
insurance coverage is included with the purchase of travel
services. The travel retailer that bills and collects the
charges shall not be required to maintain the funds in a
segregated account provided that the travel retailer is
authorized by the insurer to hold the funds in an alternative
manner and remits the amounts to the supervising entity within
60 days of receipt. The funds received by a travel retailer from
an enrolled customer for the sale of travel insurance shall be
considered funds held in trust by the travel retailer in a
fiduciary capacity for the benefit of the insurer.
(h) Compensation.--A travel retailer, whose insurance-
related activities and those of the employees or authorized
representatives are limited to offering and disseminating travel
insurance on behalf of and under the direction and license of a
limited lines travel insurance producer meeting the conditions
stated in this article, is authorized to conduct those
activities and receive related compensation upon registration by
the limited lines travel insurance producer as described in
subsection (b). No travel retailer employee or authorized
representative may be compensated based primarily on the number
A02053 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
of customers of travel insurance coverage, but nothing in this
article shall prohibit payment of compensation to a travel
retailer or its employees or authorized representatives for
activities under the limited lines travel insurance producer's
license that are incidental to the overall compensation of the
travel retailer or its employees or authorized representatives.
Section 1305. Policy.
(a) Offering.--Travel insurance may be offered under an
individual policy or under a group policy.
(b) Eligibility and underwriting standards.--Eligibility and
underwriting standards for customers electing to enroll in
coverage shall be established for each travel insurance program.
Section 1306. Responsibility.
As the insurer designee, the limited lines travel insurance
producer and insurer shall be responsible for the acts of the
travel retailer and the travel retailer's employees and
authorized representatives who are not limited lines travel
insurance producers and shall use reasonable means to ensure
compliance with this article by the travel retailer and the
travel retailer's employees and authorized representatives.
Section 1307. Enforcement.
(a) Actions by commissioner requiring no notice and
hearing.--If the commissioner determines that a travel retailer
or a travel retailer's employee or authorized representative has
violated a provision of this article, the commissioner may:
(1) Direct the limited lines travel insurance producer
to implement a corrective action plan with the travel
retailer.
(2) Direct the limited lines travel insurance producer
to revoke the authorization of the travel retailer to offer
A02053 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
and disseminate travel insurance on its behalf and under its
license and to remove the travel retailer's name from its
register.
(b) Actions by commissioner requiring notice and hearing.--
If the commissioner determines that a travel retailer or a
travel retailer's employee or authorized representative has
violated a provision in this article, the commissioner, after
notice and hearing, may:
(1) Suspend or revoke the license of the limited lines
travel insurance producer as authorized under this article or
the registration of the travel retailer.
(2) Impose a monetary penalty on the limited lines
travel insurance producer.
(3) Impose other conditions and penalties as deemed
appropriate by the commissioner, including an order to cease
and desist in the engagement of travel insurance transactions
with a particular travel retailer and a particular employee
or authorized representative of a travel retailer.
(c) Monetary penalties.--In addition to another action
authorized under this article or other law, a limited lines
travel insurance producer who aids and abets a travel retailer
in the transaction of travel insurance or in an activity
concerning travel insurance after being directed to revoke the
travel retailer's authorization shall be subject to a monetary
penalty under the act of July 22, 1974 (P.L.589, No.205), known
as the Unfair Insurance Practices Act.
(d) Effect of conduct.--For purposes of this article, the
conduct of a travel retailer and its employees and authorized
representatives regarding the offering or dissemination of
travel insurance on behalf of a licensed limited lines travel
A02053 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
insurance producer shall be deemed the conduct of the licensed
limited lines travel insurance producer.
Section 1308. Licensing and fees.
(a) Renewal process generally.--An application for licensure
or license renewal under this article shall be processed in
accordance with sections 605-A, 606-A and 608-A.
(b) Amount of fees.--A nonrefundable fee of $400 shall
accompany an application for a limited lines travel insurance
producer license and a license renewal.
(c) Adjustment of fees.--A license fee under subsection (b)
may be adjusted no more than annually by the commissioner upon
publication of the new fee in the Pennsylvania Bulletin.
Section 2. This act shall take effect in 120 days.
A02053 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13