The National Conference of Insurance Legislators (“NCOIL”) voted unanimously to adopt an amendment to the NCOIL Limited Lines Travel Insurance Model Act on March 5, 2017. The amended model, titled the NCOIL Travel Insurance Model Act, set forth a more comprehensive regulatory framework than the previous Limited Lines Travel Insurance Model Act, which was limited to licensing.
Louisiana has now become the first state to adopt the amended Travel Insurance Model Act as law. Louisiana H.B. 542, which was enacted as Act No. 225, was signed into law by Governor Edwards on June 14, 2017 and will become effective on January 1, 2018. The full text of the Louisiana Act can be found here.
The NCOIL Model Act contains regulatory requirements related to numerous aspects of the travel protection industry, including, among others:
- Form and rate filing,
- Sales and marketing,
- Use of opt-out marketing plans,
- Payment of premium tax, and
- The sale of Travel Protection Plans that incorporate insurance and non-insurance products and services such as cancellation waivers or assistance services.
Industry participants with products falling within the applicable definition of Travel Insurance should review their business practices and the business practices of entities acting on their behalf or distributing their products to ensure that they are in compliance with applicable regulatory requirements.1
If you would like assistance with regulatory issues, product development or compliance related to travel insurance, travel protection plans, waivers, travel assistance services, limited lines licensing or any aspect of implementation of requirements to comply with the new Louisiana law, please contact Greg Mitchell or Donald Morgan with Frost Brown Todd LLC’s Insurance Industry Group.
Additionally, organizations interested in protecting the travel industry can join the Tourism and Travel Industry Consumer Coalition (TTICC). For more information, visit TTICC’s website at tandtcoalition.com or email membership@tandtcoalition.com.
1 Note: Certain types of products may fall outside the scope of the Model and would be addressed by other applicable law, which should be carefully considered.