[§431:32-104]  Licensing and registration.  (a)  In accordance with sections 431:9A-103 and 431:9A-107.5, the commissioner may issue a limited lines travel insurance producer license to an individual or a business entity that has filed with the commissioner an application for a limited lines travel insurance producer license in a form and manner prescribed by the commissioner.  Each limited lines travel insurance producer shall be licensed to sell, solicit, or negotiate travel insurance through a licensed travel insurer.  No person shall act as a limited lines travel insurance producer or travel retailer unless properly licensed or registered, respectively.

     (b)  No travel retailer shall offer and disseminate travel insurance under a limited lines travel insurance producer business entity license unless:

     (1)  The limited lines travel insurance producer or travel retailer provides to purchasers of travel insurance:

          (A)  A description of the material terms or the actual material terms of the insurance coverage;

          (B)  A description of the process for filing a claim;

          (C)  A description of the review or cancellation process for the travel insurance policy; and

          (D)  The identity and contact information of the travel insurer and limited lines travel insurance producer;

     (2)  At the time of licensure, the limited lines travel insurance producer establishes and maintains a register, on a form prescribed by the commissioner, of each travel retailer offering travel insurance on behalf of the limited lines travel insurance producer.  The register shall be maintained and updated by the limited lines travel insurance producer and shall include the name, address, and contact information of the travel retailer and an officer or a person who directs or controls the travel retailer's operations, and the travel retailer's federal tax identification number.  Upon request, the limited lines travel insurance producer shall submit the register to the insurance division of the department of commerce and consumer affairs.  The limited lines travel insurance producer shall certify that the travel retailer registered complies with title 18 United States Code section 1033;

     (3)  The limited lines travel insurance producer has designated one of its employees who is a licensed individual producer as the designated responsible producer;

     (4)  The designated responsible producer, president, secretary, treasurer, or other officer or person who directs or controls the limited lines travel insurance producer's insurance operations complies with any fingerprinting requirements applicable to insurance producers in the resident state of the limited lines travel insurance producer;

     (5)  The limited lines travel insurance producer has paid all applicable licensing fees; and

     (6)  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 is subject, at the discretion of the commissioner, to review and approval; provided that the training material shall contain adequate instructions on the types of travel insurance offered, ethical sales practices, and required disclosures to prospective customers.

     (c)  Any travel retailer offering or disseminating travel insurance shall make available to prospective purchasers any brochures or other written materials that have been approved by the travel insurer.  The materials shall include information that:

     (1)  Provides the identity and contact information of the travel insurer and limited lines travel insurance producer;

     (2)  Explains that the purchase of travel insurance is not required to purchase any other product or service from the travel retailer; and

     (3)  Explains that an unlicensed travel retailer may provide only general information about the travel 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 travel insurance offered by the travel retailer or to evaluate the adequacy of the customer's existing insurance coverage.

     (d)  No travel retailer employee or authorized representative who is not licensed as an insurance producer shall:

     (1)  Evaluate or interpret the technical terms, benefits, and conditions of the offered travel insurance coverage;

     (2)  Evaluate or provide advice concerning a prospective purchaser's existing insurance coverage; or

     (3)  Hold the person's self out as a licensed insurer, licensed producer, or insurance expert.

     (e)  Notwithstanding any other provision of law to the contrary, each travel retailer, and the travel retailer's employees and authorized representatives, whose insurance-related activities are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer meeting the conditions stated in this article may, upon registration by the limited lines travel insurance producer as described in subsection (b)(2), receive related compensation.

     (f)  Each limited lines travel insurance producer shall be responsible for the acts of each applicable travel retailer and use reasonable means to ensure compliance by the travel retailer with this article.

     (g)  Any person licensed in property and casualty lines of authority as an insurance producer may sell, solicit, and negotiate travel insurance; provided that no property and casualty insurance producer shall be required to become appointed by a travel insurer to sell, solicit, or negotiate travel insurance.

     (h)  Any limited lines travel insurance producer or travel retailer conducting business pursuant to this article shall be subject to any applicable provisions of this chapter relating to the revocation, suspension, or nonrenewal of licenses and the imposition of criminal or civil penalties. [L 2025, c 256, pt of §1]