[§431:32-103] Definitions. As used in this article:
"Aggregator site" means a website that provides access to information regarding insurance products from more than one travel insurer, including product and travel insurer information, for use in comparison shopping.
"Blanket travel insurance" means a travel insurance policy 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 contractual agreement between a supplier of travel services and the supplier's customer to waive some or all of the nonrefundable cancellation fee provisions of the supplier's underlying travel contract regardless of the reason for the cancellation or form of reimbursement. A cancellation fee waiver is not insurance.
"Designated responsible producer" means the person responsible for compliance with the travel insurance laws and regulations applicable to the limited lines travel insurance producer and its registrants.
"Eligible group" means two or more persons who are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship. "Eligible group" includes but is not limited to:
(1) 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 all members or customers of the group have common exposure to risk attendant to any particular travel or type of travel or travelers;
(2) Any college, school, or other institution of learning covering students, teachers, employees, or volunteers;
(3) Any employer covering any group of employees, volunteers, contractors, boards of directors, dependents, or guests;
(4) Any sports team, camp, or sponsor thereof covering participants, members, campers, employees, officials, supervisors, or volunteers;
(5) Any religious, charitable, recreational, educational, or civic organization, or branch thereof covering any group of members, participants, or volunteers;
(6) 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;
(7) Any incorporated or unincorporated association, including labor unions, having a common interest, constitution, and bylaws, and that is organized and maintained in good faith for purposes other than obtaining insurance for members or participants of the association covering its members;
(8) 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 commissioner's permitting the use of a trust and the State's premium tax provisions in section 431:32-105 of one or more associations meeting the requirements of paragraph (7);
(9) Any entertainment production company covering any group of participants, volunteers, audience members, contestants, or workers;
(10) Any volunteer fire department, ambulance, rescue, police, court, or any first aid, civil defense, or other such volunteer group;
(11) Preschools, daycare institutions for children or adults, and senior citizen clubs; or
(12) Any other group for which the commissioner has determined that:
(A) The members are engaged in a common enterprise or have an economic, educational, or social affinity or relationship; and
(B) Issuance of the policy would not be contrary to the public interest.
"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.
"Group travel insurance" means travel insurance issued to any eligible group.
"Limited lines travel insurance producer" means a:
(1) Licensed managing general agent with property and casualty lines of authority or third-party administrator;
(2) Licensed insurance producer with property and casualty lines of authority, including a limited lines producer licensed under section 431:9A-107.5(a)(1); or
(3) Travel administrator.
"Offer and disseminate" means the act of providing general information, including a description of the coverage and price, processing an application, and collecting premiums for travel insurance.
"Primary certificate holder" means a person who elects and purchases travel insurance under a group policy.
"Primary policyholder" means a person who elects and purchases individual travel insurance.
"Travel administrator" means a person who directly or indirectly underwrites; collects charges, collateral, or premiums from; or adjusts or settles claims on, residents of the State, in connection with travel insurance. "Travel administrator" does not include:
(1) A person working for a travel administrator to the extent that the person's activities are subject to the supervision and control of the travel administrator;
(2) An insurance producer selling insurance or engaged in administrative and claims-related activities within the scope of the producer's license;
(3) A travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer in accordance with this article;
(4) An individual adjusting or settling claims in the normal course of that individual's practice or employment as an attorney and who does not collect charges or premiums in connection with insurance coverage; or
(5) A business entity that is affiliated with a licensed travel insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated travel insurer.
"Travel assistance services" means non-insurance services:
(1) For which the consumer is not indemnified based on a fortuitous event; and
(2) The provision of which does not result in the transfer or shifting of risk that would constitute the business of insurance.
"Travel assistance services" includes but is 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" is not insurance and not related to insurance.
"Travel insurance" has the same meaning as in section 431:9A-107.5(a)(1).
"Travel protection plan" means a plan that provides travel insurance, travel assistance services, or cancellation fee waivers, or any combination of the foregoing.
"Travel retailer" means a business entity that:
(1) Makes, arranges, or offers planned travel; and
(2) May offer and disseminate travel insurance as a service to the business entity's customers on behalf of and under the direction of a limited lines travel insurance producer. [L 2025, c 256, pt of §1]