2018 Oklahoma Statutes
Title 36. Insurance
§36-6716. 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 Title 36 of the Oklahoma Statutes, except as otherwise provided in this section. In the event of a conflict between this act and other provisions of Title 36 of the Oklahoma Statutes regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this act 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 1203 of Title 36 of the Oklahoma Statues.
C. Marketing.
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 all travel insurance policy documents, including, but not limited to, forms, endorsements, policies, rate filings and certificates of insurance.
2. Travel insurance policies or certificates that contain pre-existing condition exclusions must clearly disclose the exclusion in the fulfillment materials of the coverage.`
3. Policyholders or certificate holders shall have a minimum of ten (10) days from the later of the date of purchase of a travel protection plan or the delivery of the fulfillment materials of the plan to review and cancel the policy or certificate for a full refund of the travel protection plan price, unless the insured has either started the covered trip or has filed a claim under the travel insurance coverage. For the purposes of this paragraph, sending documentation confirming the purchase and providing the coverage and assistance details of the travel protection plan, as applicable, to a physical or electronic mail address provided by the purchaser of a travel protection plan shall constitute delivery of the travel protection plan's fulfillment materials.
4. The company shall disclose in the policy fulfillment and documentation whether the travel insurance is primary or secondary to other applicable coverage.
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. Unless otherwise permitted by state or federal law, no person offering travel insurance or travel protection plans on an individual or group basis may do so 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 they purchase a trip.
E. It shall not be an unfair trade practice to include blanket travel insurance coverage with the purchase of a trip, provided the coverage is not marketed as free.
Added by Laws 2018, c. 159, § 8, eff. Nov. 1, 2018.
