[§431:32-107]  Sales practices.  (a)  Except as otherwise provided in this section, any person offering travel insurance to a resident of the State shall be subject to article 13.

     (b)  Offering or selling a travel insurance policy that could never result in payment of any claims for any insured under the policy shall be deemed to be an unfair trade practice under article 13.

     (c)  For each travel insurance or travel protection plan to which this section applies:

     (1)  All documents provided to the relevant consumer before the purchase of travel insurance, including but not limited to sales materials, advertising materials, and marketing materials, shall be consistent with the travel policy itself, including but not limited to forms, endorsements, policies, rate filings, and certificates of insurance;

     (2)  For travel insurance policies or certificates that contain preexisting condition exclusions, information and an opportunity to learn more about the preexisting condition exclusions shall be provided to the consumer at any time before the time of purchase and in the coverage's fulfillment materials;

     (3)  As soon as practicable following the purchase of a travel protection plan, the fulfillment materials and the information described in section 431:32-104(b)(1) shall be provided to the primary policyholder or primary certificate holder; provided that if the insured has neither started a covered trip nor filed a claim under the travel insurance coverage, the relevant policyholder or certificate holder may cancel the policy or certificate for a full refund of the travel protection plan price at any time after the date of purchase of a travel protection plan and before either:

          (A)  Fifteen days following the date of sending the travel protection plan's fulfillment materials by postal mail; or

          (B)  Ten days following the date of handing fulfillment materials to the policyholder or certificate holder or sending by electronic means the travel protection plan's fulfillment materials; and

     (4)  The policy documentation and fulfillment materials shall disclose whether the travel insurance is primary or secondary to other applicable coverage;

provided that if travel insurance is marketed directly to a consumer through a travel insurer's website or by others through an aggregator site, it shall not be deemed to be an unfair trade practice or other violation of law if an accurate summary or short description of coverage is provided on the web page as long as that consumer has access to the full provisions of the policy through electronic means.

     (d)  No person shall offer, solicit, or negotiate travel insurance or travel protection plans on an individual or group basis by using a negative or opt-out option that would require the consumer to take an affirmative action to deselect coverage when the consumer purchases a trip, including unchecking a box on an electronic form.

     (e)  Marketing blanket travel insurance coverage as being free of charge shall be deemed to be an unfair trade practice.

     (f)  If a consumer's destination jurisdiction requires insurance coverage, requiring the consumer to choose between the following options as a condition of purchasing a trip or travel package shall not be deemed to be an unfair trade practice:

     (1)  Purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or

     (2)  Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction's requirements before departure. [L 2025, c 256, pt of §1]