§ 4604. Requirements for sale of travel insurance
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: September 28, 2018
Effective: September 28, 2018
40 P.S. § 4604
§ 4604. Requirements for sale of travel insurance
(a) Authority and licensure.--A travel retailer and each employee and authorized representative of the travel retailer may offer and disseminate travel insurance to customers and shall not be subject to licensure as an insurance producer under Article VI-A of the Insurance Department Act1 if:
(d) Training.--The insurer issuing the travel insurance must either directly supervise or authorize a designated licensee to supervise the administration of a training program, including the development of the program, for employees and authorized representatives of the travel retailer which may be subject to review by the department. The training shall comply with the following:
(4) Explains 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 insurance coverage, including those coverages that are already maintained by the customer.
(g) Charges.--The charges for travel insurance coverage may be billed and collected by the travel retailer. A charge to the enrolled customer for coverage that is not included in the cost associated with the purchase of travel services shall be separately itemized on the enrolled customer's bill. If the travel insurance coverage is included with the purchase of travel services, the travel retailer shall clearly and conspicuously disclose to the enrolled customer that the travel insurance coverage is included with the purchase of travel services. The travel retailer that bills and collects the charges shall not be required to maintain the funds in a segregated account provided that the travel retailer is authorized by the insurer to hold the funds in an alternative manner and remits the amounts to the supervising entity within 60 days of receipt. The funds received by a travel retailer from an enrolled customer for the sale of travel insurance shall be considered funds held in trust by the travel retailer in a fiduciary capacity for the benefit of the insurer.
(h) Compensation.--A travel retailer, whose insurance-related activities and those of the employees or authorized representatives are limited to offering and disseminating travel insurance on behalf of and under the direction and license of a limited lines travel insurance producer meeting the conditions stated in this act, is authorized to conduct those activities and receive related compensation upon registration by the limited lines travel insurance producer as described in subsection (b). No travel retailer employee or authorized representative may be compensated based primarily on the number of customers of travel insurance coverage, but nothing in this act shall prohibit payment of compensation to a travel retailer or its employees or authorized representatives for activities under the limited lines travel insurance producer's license that are incidental to the overall compensation of the travel retailer or its employees or authorized representatives.
Credits
2018, May 31, P.L. 125, No. 26, § 4, effective in 120 days [Sept. 28, 2018].
Footnotes
40 P.S. § 310.1 et seq.
40 P.S. § 4604, PA ST 40 P.S. § 4604
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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