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AB491,9,2221 b. An insurance product that requires a specific insurance intermediary license
22other than the license required under sub. (4).
AB491,9,2323 c. Travel assistance services.
AB491,9,2424 d. Cancellation fee waivers.
AB491,10,2
1(j) “Travel protection plan” means a plan that provides travel insurance, travel
2assistance services, or cancellation fee waivers, or any combination of the 3 items.
AB491,10,43 (k) “Travel retailer" means a business entity that makes, arranges, or offers
4travel services.
AB491,10,8 5(2) Applicability. This section shall apply to travel insurance that covers a
6resident of this state and is sold, solicited, negotiated, or offered in this state and any
7travel insurance policy or certificate that is delivered or issued for delivery in this
8state.
AB491,10,10 9(3) General provisions. (a) Travel insurance may be provided in this state
10under an individual or group policy or as blanket travel insurance.
AB491,10,1711 (b) Travel insurance shall be classified and filed for purposes of rates and forms
12under an inland marine line of insurance, except that travel insurance may be filed
13under either an accident and health line of insurance or an inland marine line of
14insurance if the travel insurance provides coverage, either exclusively or in
15conjunction with coverage for emergency evacuation or repatriation of remains, for
16sickness, accident, disability, or death, or incidental limited property and casualty
17benefits such as baggage or trip cancellation, occurring during travel.
AB491,10,2218 (c) An insurer may establish and use eligibility and underwriting standards for
19travel insurance based on travel protection plans designed for individual or
20identified marketing or distribution channels so long as the standards meet any
21requirement imposed by statute or rule related to eligibility and underwriting
22standards for inland marine insurance.
AB491,11,223 (d) An intermediary licensed in a major line of authority is authorized to sell,
24solicit, and negotiate travel insurance. An intermediary with a property and

1casualty line of authority is not required to become appointed by an insurer in order
2to sell, solicit, or negotiate travel insurance.
AB491,11,10 3(4) Limited lines travel insurance producers. (a) The commissioner may
4issue a limited lines travel insurance producer license to a person who is licensed as
5an intermediary or managing general agent, a person who is is licensed as a 3rd party
6administrator, or a person who is a travel administrator. A person seeking a license
7under this paragraph shall apply on a form and in the manner prescribed by the
8commissioner. The license shall authorize the person to sell, solicit, or negotiate
9travel insurance through an insurer. No person may act as a limited lines travel
10insurance producer in this state unless licensed under this paragraph.
AB491,11,1411 (b) A limited lines travel insurance producer and any travel retailer offering
12and disseminating travel insurance on behalf of and under the control of the limited
13lines travel insurance producer are subject to ss. 601.41 (4), 601.43, 601.44, 601.61
14to 601.64, and 628.34.
AB491,11,1915 (c) As the insurer designee, a limited lines travel insurance producer is
16responsible for the acts of each travel retailer offering and disseminating travel
17insurance on behalf of and under the control of the limited lines travel insurance
18producer. The limited lines travel insurance producer shall use reasonable means
19to ensure compliance by the travel retailer with sub. (5).
AB491,11,2320 (d) A limited lines travel insurance producer and a travel retailer offering and
21disseminating travel insurance on behalf of and under the control of the limited lines
22travel insurance producer are exempt from the examination and education
23requirements under s. 628.04 (3).
AB491,12,3
1(5) Travel retailers. (a) A travel retailer may offer and disseminate travel
2insurance in this state under the license of a limited lines travel insurance producer
3only if all of the following conditions are satisfied:
AB491,12,94 1. The limited lines travel insurance producer or travel retailer provides to a
5purchaser of travel insurance the material terms, or a description of the material
6terms, of the travel insurance coverage; a description of the process for filing a claim;
7a description of the review or cancellation process for the travel insurance policy; and
8the identity and contact information of the insurer and limited lines travel insurance
9producer.
AB491,12,1710 2. The limited lines travel insurance producer keeps a register of each travel
11retailer that offers and disseminates travel insurance on the producer's behalf. The
12register shall include the name, contact information, and federal tax identification
13number of each travel retailer, the name and contact information of an officer or other
14person who directs or controls the travel retailer's operations, and a certification by
15the limited lines travel insurance producer that the travel retailer complies with 18
16USC 1033
. The limited lines travel insurance producer shall keep the register
17updated and shall submit the register to the commissioner upon request.
AB491,12,2118 3. The limited lines travel insurance producer designates an employee who is
19a licensed producer as the person responsible for compliance with the statutes and
20rules of this state that are applicable to the limited lines travel insurance producer
21and travel retailer.
AB491,12,2522 4. The employee designated under subd. 3., the officers of the limited lines
23travel insurance producer, and any other person who directs or controls the limited
24lines travel insurance producer's insurance operations comply with any
25fingerprinting requirements applicable to insurance producers.
AB491,13,2
15. The limited lines travel insurance producer pays all applicable licensing fees
2under s. 601.31 (1) (L) 2.
AB491,13,93 6. The limited lines travel insurance producer requires each employee and
4authorized representative of the travel retailer whose duties include offering and
5disseminating travel insurance to receive a program of instruction or training. The
6program of instruction or training shall be subject to review by the commissioner and
7shall contain, at a minimum, instruction on the types of insurance offered, ethical
8sales practices, and the disclosures required under this section to prospective and
9actual purchasers of travel insurance.
AB491,13,1210 (b) A travel retailer who offers and disseminates travel insurance shall make
11available to prospective purchasers brochures and other written materials that, at
12a minimum, meet all of the following conditions:
AB491,13,1313 1. Have been approved by the insurer.
AB491,13,1514 2. Provide the identity and contact information of the insurer and the limited
15lines travel insurance producer.
AB491,13,1716 3. Explain that the purchase of travel insurance is not required for the
17purchase of any other product or service from the travel retailer.
AB491,13,2318 4. Explain that a travel retailer, or an employee or authorized representative
19of a travel retailer, who is not licensed as a limited lines travel insurance producer
20may provide general information about the insurance offered by the travel retailer,
21including a description of the coverage and price, but is not qualified or authorized
22to answer technical questions about the terms and conditions of the insurance or to
23evaluate the adequacy of the prospective purchaser's existing insurance coverage.
AB491,14,3
1(c) A travel retailer, or an employee or authorized representative of a travel
2retailer, who is not licensed as a limited lines travel insurance producer may not do
3any of the following:
AB491,14,54 1. Evaluate or interpret technical terms, benefits, or conditions of travel
5insurance coverage.
AB491,14,76 2. Evaluate or provide advice concerning a prospective purchaser's existing
7insurance coverage.
AB491,14,98 3. Hold himself or herself out as an insurer, a limited lines travel insurance
9producer, or an insurance expert.
AB491,14,1310 (d) A travel retailer whose insurance related activities are limited to offering
11and disseminating travel insurance on behalf of and under the control of a limited
12lines travel insurance producer that meets the conditions under this subsection is
13authorized to receive related compensation upon registration under par. (a) 2.
AB491,14,18 14(6) Travel administrators. (a) A person may not act or represent the person
15as a travel administrator in this state unless the person is a licensed property and
16casualty insurance intermediary in this state for activities permitted under that
17license or holds a valid managing general agent or 3rd-party administrator license
18in this state.
AB491,14,2319 (b) An insurer shall be responsible for the acts of a travel administrator
20administering travel insurance underwritten by the insurer and shall ensure that
21the travel administrator maintains all books and records relevant to the insurer. The
22books and records shall be made available by the travel administrator to the
23commissioner upon request.
AB491,15,2 24(7) Travel protection plans. (a) A travel protection plan that offers any
25combination of travel insurance, travel assistance services, and cancellation fee

1waivers may be offered for one price for the combined items if all of the following
2conditions are met:
AB491,15,63 1. The plan clearly discloses to the customer, at or prior to the time of purchase,
4the items included in the plan, and the customer is provided an opportunity, at or
5prior to the time of purchase, to obtain additional information regarding the features
6and pricing of each item.
AB491,15,107 2. The fulfillment materials describe the items included in the plan and
8include, as applicable, the travel insurance policy or certificate of insurance, contact
9information for any person providing travel assistance services, and the cancellation
10fee waivers.
AB491,15,2111 (b) Unless the insured has started a covered trip or filed a claim under the
12travel insurance coverage, a policyholder or certificate holder who cancels a travel
13protection plan that includes travel insurance may receive a full refund of the travel
14protection plan's price if the cancellation occurs no later than 15 days after the date
15the fulfillment materials are delivered to the policyholder or certificate holder by
16postal mail or 10 days after the date the fulfillment materials are delivered to the
17policy holder or certificate holder by means other than postal mail. A policy or
18certificate may increase the number of days provided for under this paragraph. For
19purposes of this paragraph, “delivered” means handing fulfillment materials to the
20policyholder or certificate holder or sending fulfillment materials to the policyholder
21or certificate holder by postal mail or electronic means.
AB491,15,25 22(8) Disclosures. (a) All documents provided to a prospective purchaser prior
23to the purchase of travel insurance, including sales, advertising, and marketing
24materials, shall be consistent with the travel insurance policy, forms, endorsements,
25rate filings, and certificate of insurance.
AB491,16,3
1(b) The information described in sub. (5) (a) 1. and fulfillment materials shall
2be provided to the purchaser of a travel protection plan as soon as practicable
3following the purchase of the plan.
AB491,16,84 (c) For a travel insurance policy or certificate that contains a preexisting
5condition exclusion, a prospective purchaser shall be provided, prior to the time of
6purchase, information about the exclusion and an opportunity to learn more about
7the exclusion. Information about the exclusion shall be included in the fulfillment
8materials.
AB491,16,119 (d) An insurer shall disclose in the policy or certificate of insurance and the
10fulfillment materials whether the travel insurance is primary or secondary to other
11applicable coverage.
AB491,16,15 12(9) Opt out prohibited. A person offering, soliciting, or negotiating travel
13insurance or a travel protection plan on an individual or group basis may not use a
14negative option or opt out process that requires the purchaser to take an affirmative
15action to deselect coverage when purchasing a trip.
AB491,6 16Section 6. Effective date.
AB491,16,1817 (1) This act takes effect on the first day of the 3rd month beginning after
18publication.
AB491,16,1919 (End)
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