In this subtitle the following words have the meanings indicated. “Affiliated insurer” means: an insurer in the same corporate system as the insurer’s parent; or a member organization having common ownership, control, operation, or management with the insurer. “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. “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. “Cancellation fee waiver” means a noninsurance contractual agreement between a person engaged in the business of arranging or supplying travel and the person’s customer to waive some or all of a nonrefundable cancellation fee provision of the supplier’s underlying travel contract, with or without regard to the reason for cancellation or form of reimbursement. “Eligible group” means two or more persons who are engaged in a common enterprise or who have an economic, educational, or social affinity or relationship, including: an entity engaged in the business of providing travel or travel services in which, with regard to any particular travel or type of travel or travelers, all members or customers of the group have common exposure to risk attendant to that travel, including: a tour operator; a lodging provider; a vacation property owner; a hotel or resort; a travel club; a travel agency; a property manager; a cultural exchange program; a common carrier; and the operator, owner, or lessor of a means of transportation of passengers, including: an airline; a cruise line; a railroad; a steamship company; and a public bus carrier; a college, school, or any other institution of learning providing travel insurance coverage for students, teachers, employees, or volunteers; an employer providing travel insurance coverage for employees, volunteers, contractors, boards of directors, or dependents, or guests of those persons; a sports team, camp, or sponsor of a sports team or camp providing travel insurance coverage for participants, members, campers, employees, officials, supervisors, or volunteers; a religious, charitable, recreational, educational, or civic organization or branch of the religious, charitable, recreational, educational, or civic organization providing travel insurance coverage for members, participants, or volunteers; a financial institution or financial institution vendor, or parent holding company, trustee, or agent of, or designated by, a financial institution or financial institution vendor, providing travel insurance coverage for account holders, credit card holders, debtors, guarantors, or purchasers; an incorporated or unincorporated association, including a labor union, that: has a common interest, constitution, and bylaws; is organized and maintained in good faith for purposes other than obtaining insurance for members or participants of the association; and provides travel insurance coverage for members of the association; a trust or the trustees of a fund, subject to the Commissioner’s authorizing the use of a trust and the State’s premium tax provisions under § 6–102 of this article: established, created, or maintained for the benefit of members, employees, or customers of an association described under item (7) of this subsection; and providing travel insurance coverage for members, employees, or customers of the association; an entertainment production company providing travel insurance coverage for participants, volunteers, audience members, contestants, or workers; a volunteer fire department, an ambulance, a rescue, a police, a court, or any other volunteer agency having jurisdiction as a first aid or civil defense group and providing travel insurance coverage for members, participants, or volunteers; a preschool, a day care institution for children or adults, or a senior citizen club providing travel insurance coverage for attendees or participants; an automobile or truck rental or leasing company: providing travel insurance coverage for individuals who may become renters, lessees, or passengers defined by the travel status of the individuals on the rented or leased vehicles; and if the common carrier, operator, owner, or lessor of a means of transportation, or the automobile or truck rental or leasing company, is the policyholder or certificate holder of the travel insurance policy; and any other group for which the Commissioner determines that: the members of the group are engaged in a common enterprise or have an economic, educational, or social affinity or relationship; and the issuance of the policy would not be contrary to the best interests of the public. “Fulfillment material” means documentation sent to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan’s assistance and coverage details, including access to the policy or certificate of coverage, as applicable. “Group travel insurance” means travel insurance that provides coverage for certificate holders of an eligible group under a travel insurance policy issued to a policyholder. “Limited lines travel insurance producer” has the meaning stated in § 10–101 of this article. “Offer and disseminate” has the meaning stated in § 10–101 of this article. “Travel assistance services” means noninsurance services that do not result in any transfer or shifting of risk that would constitute the business of insurance. “Travel assistance services” includes: a security advisory service; a destination information service; a vaccination and immunization information service; a travel reservation service; an entertainment service; an activity and event planning service; a translation assistance service; an emergency messaging service; an international legal and medical referral service; a medical case monitoring service; coordination of transportation arrangements; emergency cash transfer assistance; medical prescription replacement assistance; passport and travel document replacement assistance; lost luggage assistance; a concierge service; and any other services that are furnished in connection with planned travel. “Travel insurance” has the meaning stated in § 10–101 of this article. “Travel protection plan” means a plan that provides, in addition to travel insurance: travel assistance services; or a cancellation fee waiver. “Travel retailer” has the meaning stated in § 10–101 of this article.

The purpose of this subtitle is to promote the public welfare by creating a comprehensive legal framework within which travel insurance may be sold in the State. This subtitle applies to travel insurance under policies and certificates delivered or issued for delivery in the State. Except as otherwise expressly provided in this subtitle, this subtitle does not apply to a cancellation fee waiver or travel assistance services. The following may not be construed to be insurance, as defined in § 1–101 of this article: a cancellation fee waiver; or travel assistance services. All other applicable provisions of this article apply to travel insurance, except that specific provisions of this subtitle supersede any general provisions of this article.

Notwithstanding § 27–214 of this article, travel protection plans may be offered for one price for the combined features that the travel protection plan offers in the State if: the travel protection plan: clearly discloses to the consumer at or before the time of purchase that the plan includes travel insurance and, as applicable, travel assistance services or a cancellation fee waiver; and provides information and an opportunity at or before the time of purchase for the consumer to obtain additional information regarding the features and pricing of the travel insurance, travel assistance services, and a cancellation fee waiver, as applicable; and the fulfillment material for the travel protection plan: describes and delineates the travel insurance, travel assistance services, and cancellation fee waiver in the travel protection plan; includes the travel insurance disclosures required under State law; and includes the contact information for the person providing the travel assistance services or cancellation fee waiver, as applicable.

Except as otherwise provided in this section, a person offering travel insurance to residents of the State is subject to Title 27 of this article. It is an unfair trade practice under Title 27 of this article for a person to offer or sell a travel insurance policy that could never result in payment of any claim for any insured under the policy. Documents provided to a consumer before the purchase of travel insurance, including sales materials, advertising materials, and marketing materials, shall be consistent with the travel insurance policy itself, including forms, endorsements, policies, rate filings, and certificates of insurance. If a travel insurance policy or certificate contains a preexisting condition exclusion, information and an opportunity to learn more about the preexisting condition exclusion shall be provided any time before the time of purchase and in the travel protection plan’s fulfillment material. An insurer shall provide a policyholder or certificate holder at least 10 days after the later of the date of purchase of a travel protection plan or the policyholder’s or certificate holder’s receipt, either by physical or electronic means, of the travel protection plan’s fulfillment material to review and, if desired, cancel the policy or certificate. If the policyholder or certificate holder cancels the policy or certificate within the time period under subparagraph (i) of this paragraph, the insurer shall provide the policyholder or certificate holder a full refund of the travel protection plan price unless the insured has started the covered trip or filed a claim under the travel insurance coverage. The fulfillment material shall disclose whether the travel insurance is primary or secondary to other applicable coverage. Travel insurance is not subject to coordination of benefits for health insurance coverage. Subject to § 10–122 of this article, an action may not be deemed an unfair trade practice in violation of Title 27 of this article or other violation of law if: travel insurance is marketed directly to a consumer through an insurer’s website or by another person through an aggregator site; the insurer’s website or aggregator site provides an accurate summary or short description of travel insurance coverage; and the consumer has access to the full provisions of the travel insurance policy through electronic means. A person offering or selling travel insurance or a travel protection plan may not offer or sell the travel insurance or travel protection plan on an individual or group basis by using a negative option or an opt out provision that requires a consumer to take an affirmative action to refuse coverage, including unchecking a box on an electronic form, when the consumer purchases a trip. It is not an unfair trade practice under Title 27 of this article for a person to include blanket travel insurance with the purchase of a trip if the blanket travel insurance is not marketed as free of charge.

The Commissioner may adopt regulations to carry out this subtitle.