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Public Act 102-0212 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Insurance Code is amended by | ||||
changing Section 500-10 and by adding Article XLVI as follows:
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(215 ILCS 5/500-10)
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(Section scheduled to be repealed on January 1, 2027)
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Sec. 500-10. Definitions. In addition to the definitions | ||||
in Section 2 of
the
Code, the following
definitions apply to | ||||
this Article:
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"Business entity" means a corporation, association, | ||||
partnership, limited
liability
company, limited liability | ||||
partnership, or other legal entity.
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"Car rental limited line licensee" means a person | ||||
authorized under the
provisions of
Section 500-105 to sell | ||||
certain coverages relating to the rental of vehicles.
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"Home state" means the District of Columbia and any state | ||||
or territory of the
United
States in which an insurance | ||||
producer maintains his or her principal place of
residence or
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principal place of business and is licensed to act as an | ||||
insurance producer.
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"Insurance" means any of the lines of authority in Section | ||||
500-35, any health
care plan
under the Health Maintenance |
Organization Act, or any limited health care plan
under the
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Limited Health Service Organization Act.
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"Insurance producer" means a person required to be | ||
licensed under the laws of
this State
to sell, solicit, or | ||
negotiate insurance.
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"Insurer" means a company as defined in subsection (e) of | ||
Section 2 of this
Code, a
health maintenance organization as | ||
defined in the Health Maintenance
Organization Act, or a
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limited health service organization as defined in the Limited | ||
Health
Service Organization Act.
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"License" means a document issued by the Director | ||
authorizing an individual
to act as an
insurance producer for | ||
the lines of authority specified in the document or
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authorizing a business
entity to act as an insurance producer. | ||
The license itself does not create any
authority, actual,
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apparent, or inherent, in the holder to represent or commit
an | ||
insurance carrier.
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"Limited lines insurance" means those lines of insurance | ||
defined in Section
500-100 or
any other line of insurance that | ||
the Director may deem it necessary to
recognize for the | ||
purposes
of complying with subsection (e) of Section 500-40.
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"Limited lines producer" means a person authorized by the | ||
Director to sell,
solicit, or
negotiate limited lines | ||
insurance.
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"Negotiate" means the act of conferring directly with or | ||
offering advice
directly to a
purchaser or prospective |
purchaser of a particular contract of insurance
concerning any
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of the substantive benefits, terms, or conditions of the | ||
contract, provided
that the person
engaged in that act either | ||
sells insurance or obtains insurance from
insurers for | ||
purchasers.
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"Person" means an individual or a business entity.
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"Rental agreement" means a written agreement setting forth | ||
the terms and
conditions
governing the use of a vehicle | ||
provided by a rental company for
rental or lease.
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"Rental company" means a person, or a franchisee of the | ||
person, in the
business of
providing primarily private | ||
passenger vehicles to the public under a
rental agreement for | ||
a period
not to exceed 30 days.
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"Rental period" means the term of the rental agreement.
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"Renter" means a person obtaining the use of a vehicle | ||
from a
rental company under the
terms of a rental agreement for | ||
a period not to exceed 30 days.
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"Self-service storage facility limited line licensee" | ||
means a person
authorized under the provisions of Section | ||
500-107 to sell certain coverages
relating to the rental of | ||
self-service storage facilities.
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"Sell" means to exchange a contract of insurance by any | ||
means, for
money or its equivalent, on
behalf of an insurance | ||
company.
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"Solicit" means attempting to
sell insurance or asking or | ||
urging a person to apply for a
particular kind of insurance |
from a particular company.
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"Terminate" means the cancellation of the relationship | ||
between an insurance
producer and the
insurer or the | ||
termination of a producer's authority to transact insurance.
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"Travel insurance" has the meaning provided in Section | ||
1630 means insurance coverage for personal risks incident to | ||
planned travel, including, but not limited to: (1) the | ||
interruption or cancellation of a trip or event, (2) the loss | ||
of baggage or personal effects, (3) damages to accommodations | ||
or rental vehicles, or (4) sickness, accident, disability, or | ||
death occurring during travel. "Travel insurance" does not | ||
include major medical plans that provide comprehensive medical | ||
protection for travelers with trips lasting 6 months or | ||
longer, including those working overseas as an ex-patriot or | ||
as military personnel on deployment . | ||
"Uniform Business Entity Application" means the current | ||
version of the
National Association of Insurance | ||
Commissioners' Uniform
Business Entity Application for | ||
nonresident business entities.
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"Uniform Application" means the current version of the | ||
National Association
of Insurance Commissioners' Uniform
| ||
Application for
nonresident producer licensing.
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"Vehicle" or "rental vehicle" means a motor vehicle of (1) | ||
the private
passenger
type, including passenger vans, mini | ||
vans, and sport utility vehicles or (2)
the cargo type,
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including cargo vans, pickup trucks, and trucks with a gross |
vehicle
weight of less than
26,000 pounds the operation of | ||
which does not require the operator to possess a
commercial
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driver's license.
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"Webinar" means an online educational presentation during | ||
which a live and participating instructor and participating | ||
viewers, whose attendance is periodically verified throughout | ||
the presentation, actively engage in discussion and in the | ||
submission and answering of questions. | ||
(Source: P.A. 97-113, eff. 7-14-11; 98-1165, eff. 6-1-15 .)
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(215 ILCS 5/Art. XLVI heading new) | ||
ARTICLE XLVI. TRAVEL INSURANCE | ||
(215 ILCS 5/1620 new) | ||
Sec. 1620. Short title. This Article may be cited as the | ||
Travel Insurance Act. | ||
(215 ILCS 5/1625 new) | ||
Sec. 1625. Scope and purposes. | ||
(a) The purpose of this Article is to promote the public | ||
welfare by creating a comprehensive legal framework within | ||
which travel insurance may be sold in this State. | ||
(b) This Article applies to travel insurance that covers | ||
any resident of this State, and is sold, solicited, | ||
negotiated, or offered in this State, and policies and | ||
certificates that are delivered or issued for delivery in this |
State. This Article does not apply to cancellation fee waivers | ||
or travel assistance services except as expressly provided in | ||
this Article. | ||
(c) All other applicable provisions of this State's | ||
insurance laws shall continue to apply to travel insurance, | ||
except that the specific provisions of this Article shall | ||
supersede any general provisions of law that would otherwise | ||
be applicable to travel insurance. | ||
(215 ILCS 5/1630 new) | ||
Sec. 1630. Definitions. As used in this Article: | ||
"Aggregator site" means a website that provides access to | ||
information regarding insurance products from more than one | ||
insurer, including product and insurer information, for use in | ||
comparison shopping. | ||
"Blanket travel insurance" means a policy of travel | ||
insurance 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 its customer to | ||
waive some or all of the nonrefundable cancellation fee | ||
provisions of the supplier's underlying travel contract with | ||
or without regard to the reason for the cancellation or form of | ||
reimbursement. A "cancellation fee waiver" is not insurance. |
"Eligible group", solely for the purposes of travel | ||
insurance, means 2 or more persons who are engaged in a common | ||
enterprise, or have an economic, educational, or social | ||
affinity or relationship, including, but not limited to, any | ||
of the following: | ||
(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 with regard to | ||
any particular travel or type of travel or travelers, all | ||
members or customers of the group must have a common | ||
exposure to risk attendant to such travel; | ||
(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, board of directors, dependents, | ||
or guests; | ||
(4) any sports team, camp, or sponsor of any sports | ||
team or camp covering participants, members, campers, | ||
employees, officials, supervisors, or volunteers; |
(5) any religious, charitable, recreational, | ||
educational, or civic organization, or branch of an | ||
organization 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 organized and maintained in | ||
good faith for purposes other than obtaining insurance for | ||
members or participants of such 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 Director's | ||
permitting the use of a trust and the State's premium tax | ||
provisions, of one or more associations meeting the | ||
requirements of paragraph (7) of this definition; | ||
(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, day care institutions for children or | ||
adults, and senior citizen clubs; | ||
(12) any automobile or truck rental or leasing company | ||
covering a group of individuals who may become renters, | ||
lessees, or passengers defined by their travel status on | ||
the rented or leased vehicles. The common carrier, the | ||
operator, owner or lessor of a means of transportation, or | ||
the automobile or truck rental or leasing company, is the | ||
policyholder under a policy to which this Section applies; | ||
or | ||
(13) any other group where the Director has determined | ||
that the members are engaged in a common enterprise, or | ||
have an economic, educational, or social affinity or | ||
relationship, and that 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 one of the | ||
following: | ||
(1) a licensed managing general agent or third-party | ||
administrator; |
(2) a licensed insurance producer, including a limited | ||
lines producer; or | ||
(3) a travel administrator. | ||
"Offering and disseminating" means the following: | ||
(1) Providing information to a prospective or current | ||
policyholder on behalf of a limited lines travel insurance | ||
entity, including brochures, buyer guides, descriptions of | ||
coverage, and price. | ||
(2) Referring specific questions regarding coverage | ||
features and benefits from a prospective or current | ||
policyholder to a limited lines travel insurance entity. | ||
(3) Disseminating and processing applications for | ||
coverage, coverage selection forms, or other similar forms | ||
in response to a request from a prospective or current | ||
policyholder. | ||
(4) Collecting premiums from a prospective or current | ||
policyholder on behalf of a limited lines travel insurance | ||
entity. | ||
(5) Receiving and recording information from a | ||
policyholder to share with a limited lines travel | ||
insurance entity. | ||
"Primary policyholder" means an individual 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 |
this State in connection with travel insurance, except that a | ||
person shall not be considered a travel administrator if that | ||
person's only actions that would otherwise cause the person to | ||
be considered a travel administrator are among the following: | ||
(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 | ||
Section 1635; | ||
(4) an individual adjusting or settling claims in the | ||
normal course of that individual's practice or employment | ||
as an attorney-at-law and who does not collect charges or | ||
premiums in connection with insurance coverage; or | ||
(5) a business entity that is affiliated with a | ||
licensed insurer while acting as a travel administrator | ||
for the direct and assumed insurance business of an | ||
affiliated insurer. | ||
"Travel assistance services" means noninsurance services | ||
for which the consumer is not indemnified based on a | ||
fortuitous event, and where providing the service does not | ||
result in transfer or shifting of risk that would constitute |
the business of insurance. "Travel assistance services" | ||
include, but are 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" are not insurance and are not related to | ||
insurance. | ||
"Travel insurance" means insurance coverage for personal | ||
risks incident to planned travel, including, but not limited | ||
to: | ||
(1) the interruption or cancellation of a trip or | ||
event; | ||
(2) the loss of baggage or personal effects; | ||
(3) damages to accommodations or rental vehicles; | ||
(4) sickness, accident, disability, or death occurring | ||
during travel; | ||
(5) emergency evacuation; | ||
(6) repatriation of remains; or | ||
(7) any other contractual obligations to indemnify or |
pay a specified amount to the traveler upon determinable | ||
contingencies related to travel as approved by the | ||
Director. | ||
"Travel insurance" does not include major medical plans | ||
that provide comprehensive medical protection for travelers | ||
with trips lasting 6 months or longer, including those working | ||
overseas as expatriates or as military personnel on | ||
deployment. | ||
"Travel insurance business entity" means a licensed | ||
insurance producer designated by an insurer as set forth in | ||
subsection (h) of Section 1635. | ||
"Travel protection plans" means plans that provide one or | ||
more of the following: travel insurance, travel assistance | ||
services, and cancellation fee waivers. | ||
"Travel retailer" means a business organization that | ||
makes, arranges, or offers travel services and, with respect | ||
to travel insurance, is limited to offering and disseminating | ||
as defined in this Section, unless otherwise licensed under | ||
subsection (b) of Section 1635. | ||
(215 ILCS 5/1635 new) | ||
Sec. 1635. Licensing and registration. | ||
(a) The Director may issue to a travel insurance business | ||
entity that registers travel retailers under its license as | ||
described in paragraph (2) of subsection (c) of this Section a | ||
producer license as provided in paragraph (6) of subsection |
(a) of Section 500-35 of this Code. A travel insurance | ||
business entity license issued under this Section shall also | ||
authorize any employee of the travel insurance business entity | ||
to act individually on behalf and under the supervision of the | ||
travel insurance business entity licensee with respect to the | ||
coverage specified in this Section. Each travel insurance | ||
business entity licensed under this Section shall pay the | ||
Department a fee of $500 for its initial license and $500 for | ||
each renewal license, payable on May 31 annually. | ||
(b) The Director may issue to a travel retailer a limited | ||
lines producer license. A travel retailer license issued under | ||
this Section shall also authorize any employee of the travel | ||
retailer limited line licensee to act individually on behalf | ||
and under the supervision of the travel retailer limited line | ||
licensee with respect to the coverage specified in this | ||
Section. | ||
(c) Notwithstanding any other provision of law, a travel | ||
retailer may do the limited activities of offering and | ||
disseminating travel insurance on behalf of and under the | ||
license of a supervising travel insurance business entity if | ||
the following conditions are met: | ||
(1) the travel insurance business entity 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 | ||
insurer and travel insurance business entity; | ||
(2) at the time of licensure, the travel insurance | ||
business entity shall establish and maintain a register on | ||
a form prescribed by the Director of each travel retailer | ||
that offers travel insurance on the travel insurance | ||
business entity's behalf; the register shall be maintained | ||
and updated continuously by the travel insurance business | ||
entity and shall include the name, address, and contact | ||
information of the travel retailer and an officer or | ||
person who directs or controls the travel retailer's | ||
operations and the travel retailer's federal tax | ||
identification number; the travel insurance business | ||
entity shall submit the register to the Director annually | ||
on a form and in a manner approved by the Director; the | ||
limited lines producer shall also certify that the travel | ||
retailer personnel who are offering and disseminating | ||
insurance under the travel retailer's registration | ||
complies with 18 U.S.C. 1033; | ||
(3) the travel insurance business entity has | ||
designated one of its employees as a licensed individual | ||
producer (a designated responsible producer or DRP) | ||
responsible for the travel insurance business entity's and |
its travel retailer's compliance with the travel insurance | ||
laws, rules, and regulations of this State; | ||
(4) the travel insurance business entity has paid all | ||
applicable insurance producer licensing fees as set forth | ||
in this Code; and | ||
(5) the travel insurance business entity 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 shall be subject to review by the Director; | ||
the training material shall, at a minimum, contain | ||
instructions on the types of insurance offered, ethical | ||
sales practices, and required disclosures to prospective | ||
customers. | ||
(d) Any travel retailer offering or disseminating travel | ||
insurance shall make available to prospective purchasers | ||
brochures or other written materials that: | ||
(1) provide the identity and contact information of | ||
the insurer and the travel insurance business entity; | ||
(2) explain that the purchase of travel insurance is | ||
not required in order to purchase any other product or | ||
service from the travel retailer; and | ||
(3) explain that an unlicensed travel retailer is | ||
permitted to provide general information about the | ||
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 insurance offered by | ||
the travel retailer or to evaluate the adequacy of the | ||
customer's existing insurance coverage. | ||
(e) A travel retailer's employee or authorized | ||
representative who is not licensed as an insurance producer | ||
may not: | ||
(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 himself, herself, or itself out as a licensed | ||
insurer, licensed producer, or insurance expert. | ||
(f) A travel retailer whose insurance-related activities, | ||
and those of its employees and authorized representatives, are | ||
limited to offering and disseminating travel insurance on | ||
behalf of and under the direction of a travel insurance | ||
business entity meeting the conditions stated in this Section | ||
is authorized to do so and receive related compensation upon | ||
registration by the travel insurance business entity as | ||
described in paragraph (2) of subsection (c) of this Section. | ||
(g) Travel insurance may be provided under an individual | ||
policy or under a group, blanket, or master policy. | ||
(h) As the insurer designee, the travel insurance business | ||
entity is responsible for the acts of the travel retailer that |
is registered under its license. | ||
(i) Any entity that violates any provision of this Article | ||
shall be subject to all appropriate regulatory action as set | ||
forth in this Code. | ||
(j) Any person licensed in a major line of authority as an | ||
insurance producer is authorized to sell, solicit, and | ||
negotiate travel insurance. A property and casualty insurance | ||
producer is not required to become appointed by an insurer in | ||
order to sell, solicit, or negotiate travel insurance. | ||
(215 ILCS 5/1640 new) | ||
Sec. 1640. Travel protection plans. Travel protection | ||
plans may be offered for one price for the combined features | ||
that the travel protection plan offers in this State if: | ||
(1) the travel protection plan clearly discloses to | ||
the consumer, at or before the time of purchase, that it | ||
includes travel insurance, travel assistance services, and | ||
cancellation fee waivers, as applicable, and provides | ||
information and an opportunity, at or before the time of | ||
purchase, for the consumer to obtain additional | ||
information regarding the features and pricing of each; | ||
and | ||
(2) the fulfillment materials: | ||
(A) describe and delineate the travel insurance, | ||
travel assistance services, and cancellation fee | ||
waivers in the travel protection plan; and |
(B) include the travel insurance disclosures and | ||
the contact information for persons providing travel | ||
assistance services, and cancellation fee waivers, as | ||
applicable. | ||
(215 ILCS 5/1645 new) | ||
Sec. 1645. Sales practices. | ||
(a) All persons offering travel insurance to residents of | ||
this State are subject to the Unfair Methods of Competition | ||
and Unfair and Deceptive Acts and Practices Article of this | ||
Code, except as otherwise provided in this Section. In the | ||
event of a conflict between this Article and other provisions | ||
of this Code regarding the sale and marketing of travel | ||
insurance and travel protection plans, the provisions of this | ||
Article shall control. | ||
(b) Offering or selling a travel insurance policy that | ||
could never result in payment of any claims for any insured | ||
under the policy is an unfair trade practice under Section | ||
424. | ||
(c) Marketing of travel insurance policies shall comply | ||
with the following: | ||
(1) All documents provided to consumers before the | ||
purchase of travel insurance, including, but not limited | ||
to, sales materials, advertising materials, and marketing | ||
materials, shall be consistent with the travel insurance | ||
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 any time prior to | ||
the time of purchase, and in the coverage's fulfillment | ||
materials. | ||
(3) The fulfillment materials and the information | ||
described in subparagraphs (A) through (D) of paragraph | ||
(1) of subsection (c) of Section 1635 shall be provided to | ||
a policyholder or certificate holder as soon as | ||
practicable following the purchase of a travel protection | ||
plan. Unless the insured has either started a covered trip | ||
or filed a claim under the travel insurance coverage, a | ||
policyholder or certificate holder may cancel a policy or | ||
certificate for a full refund of the travel protection | ||
plan price from the date of purchase of a travel | ||
protection plan until at least: | ||
(A) 15 days following the date of delivery of the | ||
travel protection plan's fulfillment materials by | ||
postal mail; or | ||
(B) 10 days following the date of delivery of the | ||
travel protection plan's fulfillment materials by | ||
means other than postal mail.
For the purposes of this | ||
Section, delivery means handing fulfillment materials |
to the policyholder or certificate holder or sending | ||
fulfillment materials by postal mail or electronic | ||
means to the policyholder or certificate holder. | ||
(4) The company shall disclose in the policy | ||
documentation and fulfillment materials whether the travel | ||
insurance is primary or secondary to other applicable | ||
coverage. | ||
(5) Where travel insurance is marketed directly to a | ||
consumer through an insurer's website or by others through | ||
an aggregator site, it shall not be an unfair trade | ||
practice or other violation of law where an accurate | ||
summary or short description of coverage is provided on | ||
the web page, so long as the consumer has access to the | ||
full provisions of the policy through electronic means. | ||
(d) No person offering, soliciting, or negotiating travel | ||
insurance or travel protection plans on an individual or group | ||
basis may do so by using negative option or opt out, which | ||
would require a consumer to take an affirmative action to | ||
deselect coverage, such as unchecking a box on an electronic | ||
form, when the consumer purchases a trip. | ||
(e) It shall be an unfair trade practice under Section 424 | ||
to market blanket travel insurance coverage as free. | ||
(f) Where a consumer's destination jurisdiction requires | ||
insurance coverage, it shall not be an unfair trade practice | ||
to require that a consumer choose between the following | ||
options as a condition of purchasing a trip or travel package: |
(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. | ||
(215 ILCS 5/1650 new) | ||
Sec. 1650. Travel insurance administrators. | ||
(a) Notwithstanding any other provisions of this Code, no | ||
entity shall act or represent itself as a travel administrator | ||
for travel insurance in this State unless that entity: | ||
(1) is a licensed property and casualty insurance | ||
producer in this State for activities permitted under that | ||
producer license; | ||
(2) holds a valid managing general agent license in | ||
this State; or | ||
(3) holds a valid third-party administrator license in | ||
this State. | ||
(b) An insurer is responsible for the acts of a travel | ||
administrator administering travel insurance underwritten by | ||
the insurer, and is responsible for ensuring that the travel | ||
administrator maintains all books and records relevant to the | ||
insurer to be made available by the travel administrator to | ||
the Director upon request. |
(215 ILCS 5/1655 new) | ||
Sec. 1655. Policy. | ||
(a) Notwithstanding any other provision of this Code, | ||
travel insurance shall be classified and filed for purposes of | ||
rates and forms under an inland marine line of insurance, | ||
including travel insurance that provides coverage for | ||
sickness, accident, disability, or death occurring during | ||
travel, either exclusively, or in conjunction with related | ||
coverages of emergency evacuation or repatriation of remains, | ||
or incidental limited property and casualty benefits such as | ||
baggage or trip cancellation. | ||
(b) Travel insurance may be in the form of an individual, | ||
group, master, or blanket policy. | ||
(c) Eligibility and underwriting standards for travel | ||
insurance may be developed and provided based on travel | ||
protection plans designed for individual or identified | ||
marketing or distribution channels, provided those standards | ||
also meet this State's underwriting standards for inland | ||
marine. | ||
(215 ILCS 5/1660 new) | ||
Sec. 1660. Rules. The Department may adopt rules to | ||
implement this Article. | ||
(215 ILCS 5/500-108 rep.) |
Section 10. The Illinois Insurance Code is amended by | ||
repealing Section 500-108.
| ||
Section 99. Effective date. This Act takes effect 90 days | ||
after becoming law. |