§ 6716. Application of Unfair Trade Practices Act
Oklahoma Statutes AnnotatedTitle 36. InsuranceEffective: November 1, 2021
Effective: November 1, 2021
36 Okl.St.Ann. § 6716
§ 6716. Application of Unfair Trade Practices Act
A. All persons offering travel insurance to residents of this state are subject to the Unfair Trade Practices Act pursuant to Sections 1201 through 1219 of this title, except as otherwise provided in this section. In the event of a conflict between the Travel Insurance Act and other provisions of this title regarding the sale and marketing of travel insurance and travel protection plans, the provisions of the Travel Insurance Act shall control.
1. All documents provided to consumers prior to 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 including, but not limited to, forms, endorsements, policies, rate filings and certificates of insurance.
3. The fulfillment materials and the information described in paragraph 1 of subsection B of Section 6713 of this title 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 the travel protection plan until at least:
5. Where travel insurance is marketed directly to a consumer through a website of the insurer 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. A person offering, soliciting or negotiating travel insurance or travel protection plans on an individual or group basis shall not use 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.
Credits
Laws 2018, c. 159, § 8, eff. Nov. 1, 2018; Laws 2021, c. 84, § 5, eff. Nov. 1, 2021.
36 Okl. St. Ann. § 6716, OK ST T. 36 § 6716
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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