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      RS 22:1352     


§1352. Definitions

            As used in this Subpart, the following definitions apply:

            (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 travel insurance issued to any eligible group providing coverage for specified circumstances and specific classes of persons defined in the policy and issued to a policyholder and not by specifically naming the persons covered, by certificate or otherwise, although a statement of the coverage provided may be given, or required by policy to be given, to eligible persons.

            (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 nonrefundable cancellation fee or penalty provisions of the underlying travel contract between the supplier and customer. A cancellation fee waiver is not insurance.

            (4) "Commissioner" means the commissioner of insurance of this state.

            (5) "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:

            (i) Tour operators.

            (ii) Lodging providers.

            (iii) Vacation property owners.

            (iv) Hotels and resorts.

            (v) Travel clubs.

            (vi) Property managers.

            (vii) Cultural exchange programs.

            (viii) Common carriers of passengers, including but not limited to airlines, cruise lines, railroads, steamship companies, and public bus carriers.

            (b) Any college, school, or other institution of learning covering students, teachers, or employees defined by reference to specified hazards incident to activities or operations of the institution of learning.

            (c) Any employer covering any group of employees, contractors, dependents, or guests, defined by reference to specified hazards incident to activities or operations of the employer.

            (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 defined by reference to specified hazards incident to any activity or activities or operations sponsored or supervised by or on the premises of the organization or branch.

            (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, under which account holders, credit card holders, debtors, guarantors, or purchasers are insured.

            (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 the association.

            (h) Any trust or the trustees of a fund established, created, or maintained for the benefit of members or customers of one or more associations meeting the requirements of this Paragraph.

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

            (j) Any newspaper or other publisher covering its journalists and carriers.

            (k) Any volunteer fire department or any first aid, civil defense, or other such volunteer group or agency having jurisdiction thereof, covering all or any group of the members, participants, or volunteers of the fire department or first aid, civil defense, or other group.

            (l) Any other group for which the commissioner determines 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 best interests of the public.

            (6) "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, as applicable.

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

            (8) "Limited lines travel insurance producer" has the same meaning as in R.S. 22:1782.1.

            (9) "Offer and disseminate" has the same meaning as in R.S. 22:1782.1.

            (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 the only circumstance that would otherwise cause him to be considered a travel administrator is one of the following:

            (a) A person working for a travel administrator to the extent that his activities are subject to the supervision and control of the travel administrator.

            (b) An insurance producer selling insurance or engaging in administrative and claims-related activities within the scope of the producer's license.

            (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 provisions of R.S. 22:1782.2.

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

            (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. For purposes of this Paragraph, "affiliated business entity" or "affiliated insurer" has the same meaning as "affiliated company" in R.S. 22:550.2.

            (11) "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. 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 that is not related to the adjudication of a travel insurance claim unless otherwise approved by the commissioner in a travel insurance filing. Travel assistance services are not insurance and not related to insurance.

            (12) "Travel insurance" has the same meaning as in R.S. 22:1782.1.

            (13) "Travel protection plan" means a plan that provides any of the following:

            (a) Travel insurance.

            (b) Travel assistance services.

            (c) Cancellation fee waivers.

            (14) "Travel retailer" has the same meaning as in R.S. 22:1782.1.

            Acts 2017, No. 225, §1, eff. Jan. 1, 2018.

§1352. Redesignated as R.S. 22:2192 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

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