Section 27-7-17-17 - Policy documentation and fulfillment materials; unfair trade practice(a) All 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.(b) For a travel insurance policy or certificate that contains preexisting condition exclusions, information and an opportunity to learn more about the preexisting condition exclusions must be provided prior to the time of purchase and in the coverage's fulfillment materials.(c) The fulfillment materials and the information required to be provided under IC 27-1-15.6-19.9(b)(1) must be provided to a policyholder or certificate holder as soon as practicable following the purchase of a travel protection plan. 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 price of a travel protection plan from the date of purchase until:(1) fifteen (15) days following the date of delivery of the travel protection plan's fulfillment materials by mail; or(2) ten (10) days following the date of delivery of the travel protection plan's fulfillment materials by means other than mail. For purposes of this section, "delivery" means handing fulfillment materials to the policyholder or certificate holder or sending fulfillment materials by mail, electronic mail, or other electronic means to the policyholder or certificate holder.
(d) The company must disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage.(e) When travel insurance is marketed directly to a consumer through an insurer's website or by others through an aggregator site, it is not an unfair trade practice or other violation of law if an accurate summary or short description of coverage is provided on the website, so long as the consumer has access to the full provisions of the policy through electronic means.(f) 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 or travel package.(g) It is an unfair trade practice under IC 27-4-1 to market blanket travel insurance coverage as free.(h) Where a consumer's destination jurisdiction requires insurance coverage, it is not an unfair trade practice under IC 27-4-1 to require a consumer to choose as a condition of purchasing a trip or travel package between: (1) 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(2) agreeing to obtain and provide proof of coverage that meets the destination jurisdiction's requirements prior to departure.Amended by P.L. 11-2023,SEC. 89, eff. 7/1/2023.Added by P.L. 19-2022,SEC. 5, eff. 7/1/2022.