Illinois General Assembly - Full Text of SB1588
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Full Text of SB1588  102nd General Assembly

SB1588enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB1588 EnrolledLRB102 13159 BMS 18502 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Insurance Code is amended by
5changing Section 500-10 and by adding Article XLVI as follows:
 
6    (215 ILCS 5/500-10)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 500-10. Definitions. In addition to the definitions
9in Section 2 of the Code, the following definitions apply to
10this Article:
11    "Business entity" means a corporation, association,
12partnership, limited liability company, limited liability
13partnership, or other legal entity.
14    "Car rental limited line licensee" means a person
15authorized under the provisions of Section 500-105 to sell
16certain coverages relating to the rental of vehicles.
17    "Home state" means the District of Columbia and any state
18or territory of the United States in which an insurance
19producer maintains his or her principal place of residence or
20principal place of business and is licensed to act as an
21insurance producer.
22    "Insurance" means any of the lines of authority in Section
23500-35, any health care plan under the Health Maintenance

 

 

SB1588 Enrolled- 2 -LRB102 13159 BMS 18502 b

1Organization Act, or any limited health care plan under the
2Limited Health Service Organization Act.
3    "Insurance producer" means a person required to be
4licensed under the laws of this State to sell, solicit, or
5negotiate insurance.
6    "Insurer" means a company as defined in subsection (e) of
7Section 2 of this Code, a health maintenance organization as
8defined in the Health Maintenance Organization Act, or a
9limited health service organization as defined in the Limited
10Health Service Organization Act.
11    "License" means a document issued by the Director
12authorizing an individual to act as an insurance producer for
13the lines of authority specified in the document or
14authorizing a business entity to act as an insurance producer.
15The license itself does not create any authority, actual,
16apparent, or inherent, in the holder to represent or commit an
17insurance carrier.
18    "Limited lines insurance" means those lines of insurance
19defined in Section 500-100 or any other line of insurance that
20the Director may deem it necessary to recognize for the
21purposes of complying with subsection (e) of Section 500-40.
22    "Limited lines producer" means a person authorized by the
23Director to sell, solicit, or negotiate limited lines
24insurance.
25    "Negotiate" means the act of conferring directly with or
26offering advice directly to a purchaser or prospective

 

 

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1purchaser of a particular contract of insurance concerning any
2of the substantive benefits, terms, or conditions of the
3contract, provided that the person engaged in that act either
4sells insurance or obtains insurance from insurers for
5purchasers.
6    "Person" means an individual or a business entity.
7    "Rental agreement" means a written agreement setting forth
8the terms and conditions governing the use of a vehicle
9provided by a rental company for rental or lease.
10    "Rental company" means a person, or a franchisee of the
11person, in the business of providing primarily private
12passenger vehicles to the public under a rental agreement for
13a period not to exceed 30 days.
14    "Rental period" means the term of the rental agreement.
15    "Renter" means a person obtaining the use of a vehicle
16from a rental company under the terms of a rental agreement for
17a period not to exceed 30 days.
18    "Self-service storage facility limited line licensee"
19means a person authorized under the provisions of Section
20500-107 to sell certain coverages relating to the rental of
21self-service storage facilities.
22    "Sell" means to exchange a contract of insurance by any
23means, for money or its equivalent, on behalf of an insurance
24company.
25    "Solicit" means attempting to sell insurance or asking or
26urging a person to apply for a particular kind of insurance

 

 

SB1588 Enrolled- 4 -LRB102 13159 BMS 18502 b

1from a particular company.
2    "Terminate" means the cancellation of the relationship
3between an insurance producer and the insurer or the
4termination of a producer's authority to transact insurance.
5    "Travel insurance" has the meaning provided in Section
61630 means insurance coverage for personal risks incident to
7planned travel, including, but not limited to: (1) the
8interruption or cancellation of a trip or event, (2) the loss
9of baggage or personal effects, (3) damages to accommodations
10or rental vehicles, or (4) sickness, accident, disability, or
11death occurring during travel. "Travel insurance" does not
12include major medical plans that provide comprehensive medical
13protection for travelers with trips lasting 6 months or
14longer, including those working overseas as an ex-patriot or
15as military personnel on deployment.
16    "Uniform Business Entity Application" means the current
17version of the National Association of Insurance
18Commissioners' Uniform Business Entity Application for
19nonresident business entities.
20    "Uniform Application" means the current version of the
21National Association of Insurance Commissioners' Uniform
22Application for nonresident producer licensing.
23    "Vehicle" or "rental vehicle" means a motor vehicle of (1)
24the private passenger type, including passenger vans, mini
25vans, and sport utility vehicles or (2) the cargo type,
26including cargo vans, pickup trucks, and trucks with a gross

 

 

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1vehicle weight of less than 26,000 pounds the operation of
2which does not require the operator to possess a commercial
3driver's license.
4    "Webinar" means an online educational presentation during
5which a live and participating instructor and participating
6viewers, whose attendance is periodically verified throughout
7the presentation, actively engage in discussion and in the
8submission and answering of questions.
9(Source: P.A. 97-113, eff. 7-14-11; 98-1165, eff. 6-1-15.)
 
10    (215 ILCS 5/Art. XLVI heading new)
11
ARTICLE XLVI. TRAVEL INSURANCE

 
12    (215 ILCS 5/1620 new)
13    Sec. 1620. Short title. This Article may be cited as the
14Travel Insurance Act.
 
15    (215 ILCS 5/1625 new)
16    Sec. 1625. Scope and purposes.
17    (a) The purpose of this Article is to promote the public
18welfare by creating a comprehensive legal framework within
19which travel insurance may be sold in this State.
20    (b) This Article applies to travel insurance that covers
21any resident of this State, and is sold, solicited,
22negotiated, or offered in this State, and policies and
23certificates that are delivered or issued for delivery in this

 

 

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1State. This Article does not apply to cancellation fee waivers
2or travel assistance services except as expressly provided in
3this Article.
4    (c) All other applicable provisions of this State's
5insurance laws shall continue to apply to travel insurance,
6except that the specific provisions of this Article shall
7supersede any general provisions of law that would otherwise
8be applicable to travel insurance.
 
9    (215 ILCS 5/1630 new)
10    Sec. 1630. Definitions. As used in this Article:
11    "Aggregator site" means a website that provides access to
12information regarding insurance products from more than one
13insurer, including product and insurer information, for use in
14comparison shopping.
15    "Blanket travel insurance" means a policy of travel
16insurance issued to any eligible group providing coverage for
17specific classes of persons defined in the policy with
18coverage provided to all members of the eligible group without
19a separate charge to individual members of the eligible group.
20    "Cancellation fee waiver" means a contractual agreement
21between a supplier of travel services and its customer to
22waive some or all of the nonrefundable cancellation fee
23provisions of the supplier's underlying travel contract with
24or without regard to the reason for the cancellation or form of
25reimbursement. A "cancellation fee waiver" is not insurance.

 

 

SB1588 Enrolled- 7 -LRB102 13159 BMS 18502 b

1    "Eligible group", solely for the purposes of travel
2insurance, means 2 or more persons who are engaged in a common
3enterprise, or have an economic, educational, or social
4affinity or relationship, including, but not limited to, any
5of the following:
6        (1) any entity engaged in the business of providing
7    travel or travel services, including, but not limited to:
8    tour operators, lodging providers, vacation property
9    owners, hotels and resorts, travel clubs, travel agencies,
10    property managers, cultural exchange programs, and common
11    carriers or the operator, owner, or lessor of a means of
12    transportation of passengers, including, but not limited
13    to, airlines, cruise lines, railroads, steamship
14    companies, and public bus carriers, wherein with regard to
15    any particular travel or type of travel or travelers, all
16    members or customers of the group must have a common
17    exposure to risk attendant to such travel;
18        (2) any college, school, or other institution of
19    learning covering students, teachers, employees, or
20    volunteers;
21        (3) any employer covering any group of employees,
22    volunteers, contractors, board of directors, dependents,
23    or guests;
24        (4) any sports team, camp, or sponsor of any sports
25    team or camp covering participants, members, campers,
26    employees, officials, supervisors, or volunteers;

 

 

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1        (5) any religious, charitable, recreational,
2    educational, or civic organization, or branch of an
3    organization covering any group of members, participants,
4    or volunteers;
5        (6) any financial institution or financial institution
6    vendor, or parent holding company, trustee, or agent of or
7    designated by one or more financial institutions or
8    financial institution vendors, including account holders,
9    credit card holders, debtors, guarantors, or purchasers;
10        (7) any incorporated or unincorporated association,
11    including labor unions, having a common interest,
12    constitution and bylaws, and organized and maintained in
13    good faith for purposes other than obtaining insurance for
14    members or participants of such association covering its
15    members;
16        (8) any trust or the trustees of a fund established,
17    created, or maintained for the benefit of and covering
18    members, employees or customers, subject to the Director's
19    permitting the use of a trust and the State's premium tax
20    provisions, of one or more associations meeting the
21    requirements of paragraph (7) of this definition;
22        (9) any entertainment production company covering any
23    group of participants, volunteers, audience members,
24    contestants, or workers;
25        (10) any volunteer fire department, ambulance, rescue,
26    police, court, or any first aid, civil defense, or other

 

 

SB1588 Enrolled- 9 -LRB102 13159 BMS 18502 b

1    such volunteer group;
2        (11) preschools, day care institutions for children or
3    adults, and senior citizen clubs;
4        (12) any automobile or truck rental or leasing company
5    covering a group of individuals who may become renters,
6    lessees, or passengers defined by their travel status on
7    the rented or leased vehicles. The common carrier, the
8    operator, owner or lessor of a means of transportation, or
9    the automobile or truck rental or leasing company, is the
10    policyholder under a policy to which this Section applies;
11    or
12        (13) any other group where the Director has determined
13    that the members are engaged in a common enterprise, or
14    have an economic, educational, or social affinity or
15    relationship, and that issuance of the policy would not be
16    contrary to the public interest.
17    "Fulfillment materials" means documentation sent to the
18purchaser of a travel protection plan confirming the purchase
19and providing the travel protection plan's coverage and
20assistance details.
21    "Group travel insurance" means travel insurance issued to
22any eligible group.
23    "Limited lines travel insurance producer" means one of the
24following:
25        (1) a licensed managing general agent or third-party
26    administrator;

 

 

SB1588 Enrolled- 10 -LRB102 13159 BMS 18502 b

1        (2) a licensed insurance producer, including a limited
2    lines producer; or
3        (3) a travel administrator.
4    "Offering and disseminating" means the following:
5        (1) Providing information to a prospective or current
6    policyholder on behalf of a limited lines travel insurance
7    entity, including brochures, buyer guides, descriptions of
8    coverage, and price.
9        (2) Referring specific questions regarding coverage
10    features and benefits from a prospective or current
11    policyholder to a limited lines travel insurance entity.
12        (3) Disseminating and processing applications for
13    coverage, coverage selection forms, or other similar forms
14    in response to a request from a prospective or current
15    policyholder.
16        (4) Collecting premiums from a prospective or current
17    policyholder on behalf of a limited lines travel insurance
18    entity.
19        (5) Receiving and recording information from a
20    policyholder to share with a limited lines travel
21    insurance entity.
22    "Primary policyholder" means an individual person who
23elects and purchases individual travel insurance.
24    "Travel administrator" means a person who directly or
25indirectly underwrites, collects charges, collateral, or
26premiums from, or adjusts or settles claims on residents of

 

 

SB1588 Enrolled- 11 -LRB102 13159 BMS 18502 b

1this State in connection with travel insurance, except that a
2person shall not be considered a travel administrator if that
3person's only actions that would otherwise cause the person to
4be considered a travel administrator are among the following:
5        (1) a person working for a travel administrator to the
6    extent that the person's activities are subject to the
7    supervision and control of the travel administrator;
8        (2) an insurance producer selling insurance or engaged
9    in administrative and claims-related activities within the
10    scope of the producer's license;
11        (3) a travel retailer offering and disseminating
12    travel insurance and registered under the license of a
13    limited lines travel insurance producer in accordance with
14    Section 1635;
15        (4) an individual adjusting or settling claims in the
16    normal course of that individual's practice or employment
17    as an attorney-at-law and who does not collect charges or
18    premiums in connection with insurance coverage; or
19        (5) a business entity that is affiliated with a
20    licensed insurer while acting as a travel administrator
21    for the direct and assumed insurance business of an
22    affiliated insurer.
23    "Travel assistance services" means noninsurance services
24for which the consumer is not indemnified based on a
25fortuitous event, and where providing the service does not
26result in transfer or shifting of risk that would constitute

 

 

SB1588 Enrolled- 12 -LRB102 13159 BMS 18502 b

1the business of insurance. "Travel assistance services"
2include, but are not limited to: security advisories;
3destination information; vaccination and immunization
4information services; travel reservation services;
5entertainment; activity and event planning; translation
6assistance; emergency messaging; international legal and
7medical referrals; medical case monitoring; coordination of
8transportation arrangements; emergency cash transfer
9assistance; medical prescription replacement assistance;
10passport and travel document replacement assistance; lost
11luggage assistance; concierge services; and any other service
12that is furnished in connection with planned travel. "Travel
13assistance services" are not insurance and are not related to
14insurance.
15    "Travel insurance" means insurance coverage for personal
16risks incident to planned travel, including, but not limited
17to:
18        (1) the interruption or cancellation of a trip or
19    event;
20        (2) the loss of baggage or personal effects;
21        (3) damages to accommodations or rental vehicles;
22        (4) sickness, accident, disability, or death occurring
23    during travel;
24        (5) emergency evacuation;
25        (6) repatriation of remains; or
26        (7) any other contractual obligations to indemnify or

 

 

SB1588 Enrolled- 13 -LRB102 13159 BMS 18502 b

1    pay a specified amount to the traveler upon determinable
2    contingencies related to travel as approved by the
3    Director.
4    "Travel insurance" does not include major medical plans
5that provide comprehensive medical protection for travelers
6with trips lasting 6 months or longer, including those working
7overseas as expatriates or as military personnel on
8deployment.
9    "Travel insurance business entity" means a licensed
10insurance producer designated by an insurer as set forth in
11subsection (h) of Section 1635.
12    "Travel protection plans" means plans that provide one or
13more of the following: travel insurance, travel assistance
14services, and cancellation fee waivers.
15    "Travel retailer" means a business organization that
16makes, arranges, or offers travel services and, with respect
17to travel insurance, is limited to offering and disseminating
18as defined in this Section, unless otherwise licensed under
19subsection (b) of Section 1635.
 
20    (215 ILCS 5/1635 new)
21    Sec. 1635. Licensing and registration.
22    (a) The Director may issue to a travel insurance business
23entity that registers travel retailers under its license as
24described in paragraph (2) of subsection (c) of this Section a
25producer license as provided in paragraph (6) of subsection

 

 

SB1588 Enrolled- 14 -LRB102 13159 BMS 18502 b

1(a) of Section 500-35 of this Code. A travel insurance
2business entity license issued under this Section shall also
3authorize any employee of the travel insurance business entity
4to act individually on behalf and under the supervision of the
5travel insurance business entity licensee with respect to the
6coverage specified in this Section. Each travel insurance
7business entity licensed under this Section shall pay the
8Department a fee of $500 for its initial license and $500 for
9each renewal license, payable on May 31 annually.
10    (b) The Director may issue to a travel retailer a limited
11lines producer license. A travel retailer license issued under
12this Section shall also authorize any employee of the travel
13retailer limited line licensee to act individually on behalf
14and under the supervision of the travel retailer limited line
15licensee with respect to the coverage specified in this
16Section.
17    (c) Notwithstanding any other provision of law, a travel
18retailer may do the limited activities of offering and
19disseminating travel insurance on behalf of and under the
20license of a supervising travel insurance business entity if
21the following conditions are met:
22        (1) the travel insurance business entity or travel
23    retailer provides to purchasers of travel insurance:
24            (A) a description of the material terms or the
25        actual material terms of the insurance coverage;
26            (B) a description of the process for filing a

 

 

SB1588 Enrolled- 15 -LRB102 13159 BMS 18502 b

1        claim;
2            (C) a description of the review or cancellation
3        process for the travel insurance policy; and
4            (D) the identity and contact information of the
5        insurer and travel insurance business entity;
6        (2) at the time of licensure, the travel insurance
7    business entity shall establish and maintain a register on
8    a form prescribed by the Director of each travel retailer
9    that offers travel insurance on the travel insurance
10    business entity's behalf; the register shall be maintained
11    and updated continuously by the travel insurance business
12    entity and shall include the name, address, and contact
13    information of the travel retailer and an officer or
14    person who directs or controls the travel retailer's
15    operations and the travel retailer's federal tax
16    identification number; the travel insurance business
17    entity shall submit the register to the Director annually
18    on a form and in a manner approved by the Director; the
19    limited lines producer shall also certify that the travel
20    retailer personnel who are offering and disseminating
21    insurance under the travel retailer's registration
22    complies with 18 U.S.C. 1033;
23        (3) the travel insurance business entity has
24    designated one of its employees as a licensed individual
25    producer (a designated responsible producer or DRP)
26    responsible for the travel insurance business entity's and

 

 

SB1588 Enrolled- 16 -LRB102 13159 BMS 18502 b

1    its travel retailer's compliance with the travel insurance
2    laws, rules, and regulations of this State;
3        (4) the travel insurance business entity has paid all
4    applicable insurance producer licensing fees as set forth
5    in this Code; and
6        (5) the travel insurance business entity requires each
7    employee and authorized representative of the travel
8    retailer whose duties include offering and disseminating
9    travel insurance to receive a program of instruction or
10    training that shall be subject to review by the Director;
11    the training material shall, at a minimum, contain
12    instructions on the types of insurance offered, ethical
13    sales practices, and required disclosures to prospective
14    customers.
15    (d) Any travel retailer offering or disseminating travel
16insurance shall make available to prospective purchasers
17brochures or other written materials that:
18        (1) provide the identity and contact information of
19    the insurer and the travel insurance business entity;
20        (2) explain that the purchase of travel insurance is
21    not required in order to purchase any other product or
22    service from the travel retailer; and
23        (3) explain that an unlicensed travel retailer is
24    permitted to provide general information about the
25    insurance offered by the travel retailer, including a
26    description of the coverage and price, but is not

 

 

SB1588 Enrolled- 17 -LRB102 13159 BMS 18502 b

1    qualified or authorized to answer technical questions
2    about the terms and conditions of the insurance offered by
3    the travel retailer or to evaluate the adequacy of the
4    customer's existing insurance coverage.
5    (e) A travel retailer's employee or authorized
6representative who is not licensed as an insurance producer
7may not:
8        (1) evaluate or interpret the technical terms,
9    benefits, and conditions of the offered travel insurance
10    coverage;
11        (2) evaluate or provide advice concerning a
12    prospective purchaser's existing insurance coverage; or
13        (3) hold himself, herself, or itself out as a licensed
14    insurer, licensed producer, or insurance expert.
15    (f) A travel retailer whose insurance-related activities,
16and those of its employees and authorized representatives, are
17limited to offering and disseminating travel insurance on
18behalf of and under the direction of a travel insurance
19business entity meeting the conditions stated in this Section
20is authorized to do so and receive related compensation upon
21registration by the travel insurance business entity as
22described in paragraph (2) of subsection (c) of this Section.
23    (g) Travel insurance may be provided under an individual
24policy or under a group, blanket, or master policy.
25    (h) As the insurer designee, the travel insurance business
26entity is responsible for the acts of the travel retailer that

 

 

SB1588 Enrolled- 18 -LRB102 13159 BMS 18502 b

1is registered under its license.
2    (i) Any entity that violates any provision of this Article
3shall be subject to all appropriate regulatory action as set
4forth in this Code.
5    (j) Any person licensed in a major line of authority as an
6insurance producer is authorized to sell, solicit, and
7negotiate travel insurance. A property and casualty insurance
8producer is not required to become appointed by an insurer in
9order to sell, solicit, or negotiate travel insurance.
 
10    (215 ILCS 5/1640 new)
11    Sec. 1640. Travel protection plans. Travel protection
12plans may be offered for one price for the combined features
13that the travel protection plan offers in this State if:
14        (1) the travel protection plan clearly discloses to
15    the consumer, at or before the time of purchase, that it
16    includes travel insurance, travel assistance services, and
17    cancellation fee waivers, as applicable, and provides
18    information and an opportunity, at or before the time of
19    purchase, for the consumer to obtain additional
20    information regarding the features and pricing of each;
21    and
22        (2) the fulfillment materials:
23            (A) describe and delineate the travel insurance,
24        travel assistance services, and cancellation fee
25        waivers in the travel protection plan; and

 

 

SB1588 Enrolled- 19 -LRB102 13159 BMS 18502 b

1            (B) include the travel insurance disclosures and
2        the contact information for persons providing travel
3        assistance services, and cancellation fee waivers, as
4        applicable.
 
5    (215 ILCS 5/1645 new)
6    Sec. 1645. Sales practices.
7    (a) All persons offering travel insurance to residents of
8this State are subject to the Unfair Methods of Competition
9and Unfair and Deceptive Acts and Practices Article of this
10Code, except as otherwise provided in this Section. In the
11event of a conflict between this Article and other provisions
12of this Code regarding the sale and marketing of travel
13insurance and travel protection plans, the provisions of this
14Article shall control.
15    (b) Offering or selling a travel insurance policy that
16could never result in payment of any claims for any insured
17under the policy is an unfair trade practice under Section
18424.
19    (c) Marketing of travel insurance policies shall comply
20with the following:
21        (1) All documents provided to consumers before the
22    purchase of travel insurance, including, but not limited
23    to, sales materials, advertising materials, and marketing
24    materials, shall be consistent with the travel insurance
25    policy itself, including, but not limited to, forms,

 

 

SB1588 Enrolled- 20 -LRB102 13159 BMS 18502 b

1    endorsements, policies, rate filings, and certificates of
2    insurance.
3        (2) For travel insurance policies or certificates that
4    contain preexisting condition exclusions, information and
5    an opportunity to learn more about the preexisting
6    condition exclusions shall be provided any time prior to
7    the time of purchase, and in the coverage's fulfillment
8    materials.
9        (3) The fulfillment materials and the information
10    described in subparagraphs (A) through (D) of paragraph
11    (1) of subsection (c) of Section 1635 shall be provided to
12    a policyholder or certificate holder as soon as
13    practicable following the purchase of a travel protection
14    plan. Unless the insured has either started a covered trip
15    or filed a claim under the travel insurance coverage, a
16    policyholder or certificate holder may cancel a policy or
17    certificate for a full refund of the travel protection
18    plan price from the date of purchase of a travel
19    protection plan until at least:
20            (A) 15 days following the date of delivery of the
21        travel protection plan's fulfillment materials by
22        postal mail; or
23            (B) 10 days following the date of delivery of the
24        travel protection plan's fulfillment materials by
25        means other than postal mail. For the purposes of this
26        Section, delivery means handing fulfillment materials

 

 

SB1588 Enrolled- 21 -LRB102 13159 BMS 18502 b

1        to the policyholder or certificate holder or sending
2        fulfillment materials by postal mail or electronic
3        means to the policyholder or certificate holder.
4        (4) The company shall disclose in the policy
5    documentation and fulfillment materials whether the travel
6    insurance is primary or secondary to other applicable
7    coverage.
8        (5) Where travel insurance is marketed directly to a
9    consumer through an insurer's website or by others through
10    an aggregator site, it shall not be an unfair trade
11    practice or other violation of law where an accurate
12    summary or short description of coverage is provided on
13    the web page, so long as the consumer has access to the
14    full provisions of the policy through electronic means.
15    (d) No person offering, soliciting, or negotiating travel
16insurance or travel protection plans on an individual or group
17basis may do so by using negative option or opt out, which
18would require a consumer to take an affirmative action to
19deselect coverage, such as unchecking a box on an electronic
20form, when the consumer purchases a trip.
21    (e) It shall be an unfair trade practice under Section 424
22to market blanket travel insurance coverage as free.
23    (f) Where a consumer's destination jurisdiction requires
24insurance coverage, it shall not be an unfair trade practice
25to require that a consumer choose between the following
26options as a condition of purchasing a trip or travel package:

 

 

SB1588 Enrolled- 22 -LRB102 13159 BMS 18502 b

1        (1) purchasing the coverage required by the
2    destination jurisdiction through the travel retailer or
3    limited lines travel insurance producer supplying the trip
4    or travel package; or
5        (2) agreeing to obtain and provide proof of coverage
6    that meets the destination jurisdiction's requirements
7    before departure.
 
8    (215 ILCS 5/1650 new)
9    Sec. 1650. Travel insurance administrators.
10    (a) Notwithstanding any other provisions of this Code, no
11entity shall act or represent itself as a travel administrator
12for travel insurance in this State unless that entity:
13        (1) is a licensed property and casualty insurance
14    producer in this State for activities permitted under that
15    producer license;
16        (2) holds a valid managing general agent license in
17    this State; or
18        (3) holds a valid third-party administrator license in
19    this State.
20    (b) An insurer is responsible for the acts of a travel
21administrator administering travel insurance underwritten by
22the insurer, and is responsible for ensuring that the travel
23administrator maintains all books and records relevant to the
24insurer to be made available by the travel administrator to
25the Director upon request.
 

 

 

SB1588 Enrolled- 23 -LRB102 13159 BMS 18502 b

1    (215 ILCS 5/1655 new)
2    Sec. 1655. Policy.
3    (a) Notwithstanding any other provision of this Code,
4travel insurance shall be classified and filed for purposes of
5rates and forms under an inland marine line of insurance,
6including travel insurance that provides coverage for
7sickness, accident, disability, or death occurring during
8travel, either exclusively, or in conjunction with related
9coverages of emergency evacuation or repatriation of remains,
10or incidental limited property and casualty benefits such as
11baggage or trip cancellation.
12    (b) Travel insurance may be in the form of an individual,
13group, master, or blanket policy.
14    (c) Eligibility and underwriting standards for travel
15insurance may be developed and provided based on travel
16protection plans designed for individual or identified
17marketing or distribution channels, provided those standards
18also meet this State's underwriting standards for inland
19marine.
 
20    (215 ILCS 5/1660 new)
21    Sec. 1660. Rules. The Department may adopt rules to
22implement this Article.
 
23    (215 ILCS 5/500-108 rep.)

 

 

SB1588 Enrolled- 24 -LRB102 13159 BMS 18502 b

1    Section 10. The Illinois Insurance Code is amended by
2repealing Section 500-108.
 
3    Section 99. Effective date. This Act takes effect 90 days
4after becoming law.