41-1092. REQUIREMENTS for limited lines travel insurance producers. Notwithstanding any other provision of law:
(1) The director may issue to an individual or business entity that has filed with the director an application, in a form and manner prescribed by the director, a limited lines travel insurance producer license that authorizes the limited lines travel insurance producer to sell, solicit or negotiate travel insurance on behalf of a licensed insurer.
(2) A travel retailer may offer and disseminate travel insurance under a limited lines travel insurance producer’s business entity license only if the following conditions are met:
(a) The limited lines travel insurance producer provides to policyholders of travel insurance:
(i) A description of the material terms or the 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, including any forfeiture fees; and
(iv) The identity and contact information of the insurer and limited lines travel insurance producer.
(b) At the time of licensure, the limited lines travel insurance producer shall establish and maintain a register on a form prescribed by the director of each travel retailer that offers travel insurance on the limited lines travel insurance producer’s behalf. The register shall be maintained and updated annually, at a minimum, by the limited lines travel insurance producer and shall include the name, address, and contact information of the travel retailer and an officer or person who directs or controls the travel retailer’s operations, as well as the travel retailer’s federal tax identification number. The limited lines travel insurance producer shall submit such register from the previous year to the department on March 1 of each year. The limited lines travel insurance producer shall also certify that the registered travel retailer complies with 18 U.S.C. 1033. The limited lines travel insurance producer shall report its Idaho annual written premium to the director on an annual basis.
(c) The limited lines travel insurance producer has designated one (1) of its employees, who is a licensed individual producer, as a designated responsible producer who shall be responsible for the limited lines travel insurance producer’s compliance with the travel insurance laws, rules and regulations of the state.
(d) The designated responsible producer, president, secretary, treasurer and any other officer or person who directs or controls the limited lines travel insurance producer’s insurance operations shall comply with the fingerprinting requirements applicable to insurance producers in the resident state of the limited lines travel insurance producer.
(e) The limited lines travel insurance producer has paid all applicable insurance producer licensing fees as set forth in applicable state law.
(f) The limited lines travel insurance producer requires each employee and authorized representative of the travel retailer whose duties include offering and disseminating travel insurance to receive a program of instruction or training that shall be subject to review by the director. The training material shall, at a minimum, contain instructions on the types of insurance offered, ethical sales practices and required disclosures to prospective customers.
(3) Any travel retailer offering or disseminating travel insurance shall make available to prospective purchasers brochures or other written materials that:
(a) Provide the identity and contact information of the insurer and the limited lines travel insurance producer;
(b) Explain that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and
(c) Explain 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 the insurance offered by the travel retailer or to evaluate the adequacy of the customer’s existing insurance coverage.
(4) A travel retailer’s employees or authorized representatives who are not licensed as insurance producers may not:
(a) Evaluate or interpret the technical terms, benefits and conditions of the offered travel insurance coverage;
(b) Evaluate or provide advice concerning a prospective purchaser’s existing insurance coverage; or
(c) Hold himself or itself out as a licensed insurer, licensed producer or insurance expert.
[41-1092, added 2017, ch. 198, sec. 4, p. 495.]