Okla. Stat. tit. 36 § 6712

Current through Laws 2024, c. 453.

Section 6712 - Definitions

As used in the Travel Insurance Act, the term:

1. "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;

2. "Blanket travel insurance" means a policy of travel insurance issued to any eligible group providing coverage for 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;

3. "Cancellation fee waiver" means a contractual agreement between a supplier of travel services and its customer to waive some or all of the nonrefundable cancellation fee provisions of the supplier's underlying travel contract, with or without regard to the reason for the cancellation or form of reimbursement. A cancellation fee waiver is not insurance;

4. "Commissioner" means the Oklahoma Insurance Commissioner;

5. "Eligible group" means, solely for the purposes of travel insurance, two or more persons who are engaged in a common enterprise, or have an economic, educational or social affinity or relationship including, but not limited to, 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, wherein with regard to any particular travel or type of travel or travelers, all members or customers of the group must have a common exposure to risk attendant to such travel,

b. any college, school or other institution of learning covering students, teachers, employees or volunteers,

c. any employer covering any group of employees, volunteers, contractors, board of directors, dependents or guests,

d. any sports team, camp or sponsor thereof covering participants, members, campers, employees, officials, supervisors or volunteers,

e. any religious, charitable, recreational, educational or civic organization or branch thereof covering any group of members, participants or volunteers,

f. any financial institution or financial institution vendor, or parent holding company, trustee or agent of or designated by one or more financial institutions or financial institution vendors, including account-holders, credit card holders, debtors, guarantors or purchasers,

g. any incorporated or unincorporated association, including labor unions, having a common interest, constitution and bylaws and organized and maintained in good faith for purposes other than obtaining insurance for members or participants of such association covering its members,

h. any trust or the trustees of a fund established, created or maintained for the benefit of and covering members, employees or customers, subject to the permission of the Insurance Commissioner, the use of a trust and the state's premium tax provisions in Section 6714 of this title of one or more associations meeting the above requirements of this paragraph,

i. any entertainment production company covering any group of participants, volunteers, audience members, contestants or workers,

j. any volunteer fire department, ambulance, rescue, police, court or any first aid, civil defense or other such volunteer group,

k. preschools, daycare institutions for children or adults and senior citizen clubs,

l. any automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees or passengers defined by their travel status on the rented or leased vehicles. The common carrier, the operator, owner or lessor of a means of transportation or the automobile or truck rental or leasing company is the policyholder under a policy to which this paragraph applies, or

m. any other group where the Commissioner has determined that the members are engaged in a common enterprise, or have an economic, educational or social affinity or relationship, and that issuance of the policy would not be contrary to the public interest;

6. "Fulfillment materials" means documentation sent to the purchaser of a travel protection plan confirming the purchase and providing the coverage and assistance details of the travel protection plan;

7. "Group travel insurance" means travel insurance issued to any eligible group;

8. "Limited lines travel insurance producer" means a:

a. licensed managing general agent or third-party administrator,

b. licensed insurance producer, including a limited lines producer, or

c. travel administrator;

9. "Offer and disseminate" means providing general information, including a description of the coverage and price, as well as processing the application and collecting premiums;

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 he or she is:

a. a person working for a travel administrator whose activities are subject to the supervision and control of the travel administrator,

b. an insurance producer selling insurance or engaged in administrative and claims-related activities within the scope of the license of the producer,

c. a travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer in accordance with the Travel Insurance Act,

d. an individual adjusting or settling claims in the normal course of practice or employment of the individual as an attorney-at-law and who does not collect charges or premiums in connection with insurance coverage, or

e. a business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer;

11. "Travel assistance services" means noninsurance services for which the consumer is not indemnified based on a fortuitous event, and where providing the services does not result in transfer or shifting of risk that would constitute the business of insurance. Travel assistance services include, but are not limited to: security advisories; destination information; vaccination and immunization information services; travel reservation services; entertainment; activity and event planning; translation assistance; emergency messaging; international legal and medical referrals; medical case monitoring; coordination of transportation arrangements; emergency cash transfer assistance; medical prescription replacement assistance; passport and travel document replacement assistance; lost luggage assistance; concierge services; and any other service that is furnished in connection with planned travel. Travel assistance services are not insurance and not related to insurance;

12. "Travel insurance" means insurance coverage for personal risks incident to planned travel, including:

a. interruption or cancellation of trip or event,

b. loss of baggage or personal effects,

c. damages to accommodations or rental vehicles,

d. sickness, accident, disability or death occurring during travel,

e. emergency evacuation,

f. repatriation of remains, or

g. any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the Commissioner. Travel insurance shall not include major medical plans that provide comprehensive medical protection for travelers with trips lasting longer than six (6) months including, but not limited to, those working or residing overseas as an expatriate, or any other product that requires a specific insurance producer license;

13. "Travel protection plans" means plans that provide one or more of the following: travel insurance, travel assistance services and cancellation fee waivers; and

14. "Travel retailer" means a business entity that makes, arranges or offers planned travel 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.

Okla. Stat. tit. 36, § 6712

Amended by Laws 2021 , c. 84, s. 2, eff. 11/1/2021.

Added by Laws 2018 , c. 159, s. 4, eff. 11/1/2018.