NRS: CHAPTER 691E - TRAVEL INSURANCE

[Rev. 6/29/2024 5:01:10 PM--2023]

CHAPTER 691E - TRAVEL INSURANCE

GENERAL PROVISIONS

NRS 691E.010 Definitions.

NRS 691E.020 “Aggregator site” defined.

NRS 691E.030 “Blanket travel insurance” defined.

NRS 691E.040 “Cancellation fee waiver” defined.

NRS 691E.050 “Eligible group” defined.

NRS 691E.060 “Fulfillment materials” defined.

NRS 691E.070 “Group travel insurance” defined.

NRS 691E.080 “Home state” defined.

NRS 691E.090 “Negotiate” defined.

NRS 691E.100 “Offer and disseminate” defined.

NRS 691E.110 “Producer of limited lines travel insurance” defined.

NRS 691E.120 “Sell” defined.

NRS 691E.130 “Solicit” defined.

NRS 691E.140 “Travel administrator” defined.

NRS 691E.150 “Travel assistance services” defined.

NRS 691E.160 “Travel insurance” defined.

NRS 691E.170 “Travel protection plan” defined.

NRS 691E.180 “Travel retailer” defined.

NRS 691E.190 Applicability of chapter.

LICENSING AND REGISTRATION

NRS 691E.200 Acting as producer of limited lines travel insurance without license prohibited; exception; issuance of license.

NRS 691E.210 Producer of insurance licensed for certain lines of authority not required to obtain license or be appointed by insurer to act as producer of limited lines travel insurance.

NRS 691E.220 Producer of limited lines travel insurance required to establish, maintain and update register of travel retailers; submission of copy of register to Commissioner; required certification.

NRS 691E.230 Acting as travel retailer without being listed on register of producer of limited lines travel insurance prohibited; conditions under which travel retailer authorized to offer and disseminate travel insurance.

NRS 691E.240 License or registration required to act as travel administrator; responsibilities and duties of insurer with respect to travel administrator; travel administrator required to make certain books and records available to Commissioner.

TRAVEL RETAILERS

NRS 691E.250 Required written disclosures to prospective purchaser.

NRS 691E.260 Prohibited acts.

NRS 691E.270 Entitlement to compensation for authorized activities.

NRS 691E.280 Responsibilities and duties of producer of limited lines travel insurance with respect to travel retailer.

SALES PRACTICES

NRS 691E.290 Travel protection plan: Conditions under which combined items may be offered for one price; provision of fulfillment materials; refund for cancellation.

NRS 691E.300 Documents provided to prospective purchaser required to be consistent with policy; required information concerning exclusion for preexisting conditions; required disclosures concerning whether coverage is primary or secondary to other coverage.

NRS 691E.310 Use of negative option or opt out process prohibited.

NRS 691E.320 Provision of information concerning travel insurance offered through certain Internet websites; conditions authorized to be imposed on purchase of certain trip or travel packages when destination jurisdiction requires travel insurance coverage.

MISCELLANEOUS PROVISIONS

NRS 691E.330 Applicability of certain provisions relating to trade practices to producers of limited lines travel insurance and travel retailers.

NRS 691E.340 Authorized forms of travel insurance; classification and filing of travel insurance; establishment and use of eligibility and underwriting standards.

NRS 691E.350 Regulations.

_________

GENERAL PROVISIONS

NRS 691E.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 691E.020 to 691E.180, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2023, 3270)

NRS 691E.020 “Aggregator site” defined. “Aggregator site” means an Internet website that provides access to information regarding insurance products from more than one insurer, including, without limitation, information about the insurance products and the insurers offering the insurance products, for use in comparison shopping.

(Added to NRS by 2023, 3270)

NRS 691E.030 “Blanket travel insurance” defined. “Blanket travel insurance” means a policy of group travel insurance issued to an eligible group that provides coverage for all members of the eligible group or for specific classes within the eligible group defined in the policy with coverage provided to all members of the eligible group or specific class without a separate charge to any individual member of the eligible group or specific class.

(Added to NRS by 2023, 3270)

NRS 691E.040 “Cancellation fee waiver” defined. “Cancellation fee waiver” means a contractual arrangement between a supplier of travel services and a purchaser of such services to waive any provision of the underlying contract for travel services which imposes a nonrefundable cancellation fee, with or without regard to the reason for the cancellation or the form of reimbursement.

(Added to NRS by 2023, 3270)

NRS 691E.050 “Eligible group” defined. “Eligible group” means two or more persons who are engaged in a common enterprise or have an economic, educational or social affinity or relationship, including, without limitation:

1. An entity engaged in the business of providing travel or travel services if, with regard to any particular travel or type of travel or travelers, all members or customers of the entity have a common exposure to the risk attendant to such travel. For the purposes of this subsection, “entity engaged in the business of providing travel or travel services” includes, without limitation, a tour operator, lodging provider, vacation property owner, hotel, resort, travel club, travel agency, property manager, cultural exchange program and common carrier or operator, owner or lessor of a means of transportation of passengers, including, without limitation, an airline, cruise line, railroad, steamship company and public bus carrier.

2. A college, school or other institution of learning obtaining travel insurance coverage for any group of students, teachers, employees or volunteers.

3. An employer obtaining travel insurance coverage for any group of employees, volunteers, contractors, board of directors, dependents or guests.

4. A sports team, camp or sponsor of a sports team or camp obtaining travel insurance coverage for any group of participants, members, campers, employees, officials, supervisors or volunteers.

5. A religious, charitable, recreational, educational or civic organization, or a branch of such an organization, obtaining travel insurance coverage for any group of members, participants or volunteers.

6. A financial institution, vendor of a financial institution, or a parent holding company, trustee, agent of or designated by a financial institution or vendor of a financial institution, including, without limitation, an accountholder, credit card holder, debtor, guarantor or purchaser.

7. An incorporated or unincorporated association, including, without limitation, a labor union, that has a common interest, constitution and bylaws and is organized and maintained in good faith for purposes other than obtaining insurance for its members or participants, obtaining travel insurance coverage for any group of its members or participants.

8. Subject to the approval of the Commissioner for the use of a trust and the provisions of NRS 680B.0352, a trust or the trustees of a fund established, created or maintained for the benefit of the members, employees or customers of one or more associations described in subsection 7.

9. An entertainment production company obtaining travel insurance coverage for any group of participants, volunteers, audience members, contestants or workers.

10. A volunteer fire department, entity providing emergency medical services, police department or court.

11. A first aid, civil defense or similar volunteer group.

12. A preschool, daycare center for children or adults or club for senior citizens.

13. An entity engaged in the business of renting or leasing motor vehicles, which shall be deemed the policyholder for a policy of travel insurance to which this subsection applies, obtaining travel insurance coverage for any group of persons who may become renters, lessees or passengers defined by the travel status of the group on the rented or leased vehicles.

14. Any other group for which the Commissioner has determined that:

(a) The members of the group are engaged in a common enterprise, or have an economic, educational or social affinity or relationship; and

(b) The issuance of a policy of travel insurance to the group is not contrary to the public interest.

(Added to NRS by 2023, 3270)

NRS 691E.060 “Fulfillment materials” defined. “Fulfillment materials” means documentation provided or sent to the purchaser of a travel protection plan that confirms the purchase of the plan and provides information regarding the travel insurance coverage, travel assistance services and cancellation fee waivers, as applicable.

(Added to NRS by 2023, 3271)

NRS 691E.070 “Group travel insurance” defined. “Group travel insurance” means travel insurance issued to any eligible group.

(Added to NRS by 2023, 3271)

NRS 691E.080 “Home state” defined. “Home state” has the meaning ascribed to it in NRS 683A.041.

(Added to NRS by 2023, 3271)

NRS 691E.090 “Negotiate” defined. “Negotiate” has the meaning ascribed to it in NRS 683A.065.

(Added to NRS by 2023, 3271)

NRS 691E.100 “Offer and disseminate” defined. “Offer and disseminate” means the provision of general information, including, without limitation, a description of coverage and price, as well as the processing of applications and the collection of premiums.

(Added to NRS by 2023, 3271)

NRS 691E.110 “Producer of limited lines travel insurance” defined. “Producer of limited lines travel insurance” means a person licensed pursuant to NRS 691E.200 who is authorized by an insurer to solicit travel insurance either directly or through a travel retailer.

(Added to NRS by 2023, 3271)

NRS 691E.120 “Sell” defined. “Sell” has the meaning ascribed to it in NRS 683A.072.

(Added to NRS by 2023, 3272)

NRS 691E.130 “Solicit” defined. “Solicit” has the meaning ascribed to it in NRS 683A.074.

(Added to NRS by 2023, 3272)

NRS 691E.140 “Travel administrator” defined.

1. “Travel administrator” means a person who directly or indirectly underwrites, collects charges, collateral or premiums from or adjusts or settles claims of, residents of this State in connection with travel insurance.

2. The term does not include:

(a) A person working for a travel administrator to the extent that the activities of the person are subject to the supervision and control of the travel administrator.

(b) A licensed producer of insurance selling insurance or engaged in administrative activities and activities relating to claims that are within the scope of his or her license.

(c) A travel retailer who is listed on the register maintained by a producer of limited lines travel insurance pursuant to NRS 691E.220 and who offers and disseminates travel insurance under the license of a producer of limited lines travel insurance in accordance with the provisions of this chapter.

(d) A person adjusting or settling claims in the normal course of his or her practice or employment as an attorney who does not collect charges or premiums in connection with travel insurance coverage.

(e) A person who is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of the insurer.

(Added to NRS by 2023, 3272)

NRS 691E.150 “Travel assistance services” defined.

1. “Travel assistance services” means services that are furnished in connection with planned travel, the provision of which does not result in the transfer or shifting of risk that would constitute the business of insurance, and for which the purchaser is not indemnified based on a fortuitous event.

2. The term includes, without limitation, 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 furnished in connection with planned travel that meets the conditions set forth in subsection 1.

(Added to NRS by 2023, 3272)

NRS 691E.160 “Travel insurance” defined.

1. “Travel insurance” means insurance coverage for personal risks incident to planned travel, including, without limitation:

(a) Interruption or cancellation of a trip or event;

(b) Loss of baggage or personal effects;

(d) Sickness, accident, disability or death occurring during travel;

(e) Emergency evacuation;

(f) Repatriation of remains; or

(g) Any other contractual obligation to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel that is approved by the Commissioner.

2. The term does not include:

(a) Travel assistance services;

(b) A cancellation fee waiver;

(c) A major medical plan that provides comprehensive medical protection for a traveler on a trip lasting longer than 6 months, including, without limitation, a traveler who is working or residing overseas as an expatriate; or

(d) Any other product that a person is prohibited from selling, soliciting or negotiating unless the person holds a specific license as a producer of insurance.

(Added to NRS by 2023, 3272)

NRS 691E.170 “Travel protection plan” defined. “Travel protection plan” means a product that provides:

1. Travel insurance;

2. Travel assistance services;

3. A cancellation fee waiver; or

4. Any combination of the items described in subsections 1, 2 and 3.

(Added to NRS by 2023, 3273)

NRS 691E.180 “Travel retailer” defined. “Travel retailer” means a person that makes, arranges or offers travel services and, as a service to the customers of the person, may offer and disseminate travel insurance on behalf of, and under the direction of, a producer of limited lines travel insurance.

(Added to NRS by 2023, 3273)

NRS 691E.190 Applicability of chapter.

1. The provisions of this chapter apply to:

(a) Travel insurance that covers any resident of this State and is sold, solicited, negotiated or offered in this State; and

(b) Policies and certificates of travel insurance that are delivered or issued for delivery in this State.

2. A cancellation fee waiver or travel assistance services do not constitute insurance and, except as otherwise expressly provided in this chapter, the provisions of this chapter do not apply to a cancellation fee waiver or travel assistance services.

(Added to NRS by 2023, 3273)

LICENSING AND REGISTRATION

NRS 691E.200 Acting as producer of limited lines travel insurance without license prohibited; exception; issuance of license.

1. Except as otherwise provided in NRS 691E.210, a person shall not act as a producer of limited lines travel insurance unless the person is licensed pursuant to this section.

2. In accordance with the provisions of NRS 683A.201 to 683A.370, inclusive, the Commissioner may issue a license as a producer of limited lines travel insurance to a person who has filed an application with the Commissioner.

3. A license issued pursuant to this section authorizes the holder of the license to sell, solicit or negotiate travel insurance on behalf of a licensed insurer.

(Added to NRS by 2023, 3273)

NRS 691E.210 Producer of insurance licensed for certain lines of authority not required to obtain license or be appointed by insurer to act as producer of limited lines travel insurance.

1. A producer of insurance who is licensed for a line of authority specified in paragraphs (a) to (e), inclusive, or (g) of subsection 1 of NRS 683A.261 may act as a producer of limited lines travel insurance and sell, solicit or negotiate travel insurance pursuant to this chapter without obtaining a license as a producer of limited lines travel insurance issued pursuant to NRS 691E.200.

2. A producer of insurance who is licensed for the lines of authority specified in paragraphs (c) and (d) of subsection 1 of NRS 683A.261 is not required to be appointed by an insurer to act as a producer of limited lines travel insurance and sell, solicit or negotiate travel insurance pursuant to this chapter.

(Added to NRS by 2023, 3275)

1. Each producer of limited lines travel insurance shall, at the time of licensure, establish and maintain a register, on a form and in a manner prescribed by the Commissioner, which includes a list of each travel retailer that offers and disseminates travel insurance on behalf of the producer of limited lines travel insurance. The register must include, without limitation:

(a) The name, address and contact information of the travel retailer;

(b) The name, address and contact information of an officer or person who directs or controls the operations of the travel retailer; and

2. The producer of limited lines travel insurance shall:

(a) Maintain and regularly update the register; and

(b) Submit a copy of the register to the Commissioner upon reasonable request.

3. A producer of limited lines travel insurance shall certify that each travel retailer listed on the register complies with the provisions of 18 U.S.C. § 1033.

(Added to NRS by 2023, 3274)

1. A person shall not act as a travel retailer unless the person is listed on the register maintained by a producer of limited lines travel insurance pursuant to NRS 691E.220.

2. A travel retailer may offer and disseminate travel insurance under the license of a producer of limited lines travel insurance issued pursuant to NRS 691E.200 if the following conditions are met:

(a) The producer of limited lines travel insurance or travel retailer provides to each purchaser of travel insurance:

(1) A description of the material terms, or the actual material terms, of the travel insurance coverage;

(2) A description of the process for filing a claim;

(3) A description of the review or cancellation process for the policy of travel insurance; and

(4) The identity and contact information of the insurer and the producer of limited lines travel insurance;

(b) The travel retailer is listed on the register maintained by the producer of limited lines travel insurance pursuant to NRS 691E.220;

(c) The producer of limited lines travel insurance has designated a natural person who is employed by the producer of limited lines travel insurance and who is a licensed producer of insurance to be responsible for the compliance of the producer of limited lines travel insurance with the provisions of this title and any rules and regulations adopted pursuant thereto;

(d) The person designated pursuant to paragraph (c), the officers of the producer of limited lines travel insurance and any other person who directs or controls the insurance operations of the producer of limited lines travel insurance have complied with any requirements relating to fingerprinting which are applicable to producers of insurance in the home state of the producer of limited lines travel insurance;

(e) The producer of limited lines travel insurance has paid all licensing fees applicable to a producer of insurance pursuant to chapter 683A of NRS; and

(f) The producer of limited lines travel insurance 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.

3. A program of instruction or training described in paragraph (f) of subsection 2 is subject to review and approval by the Commissioner. The training materials provided as part of such a program must, at a minimum, contain adequate instructions on the types of travel insurance offered, ethical sales practices and required disclosures to prospective purchasers.

(Added to NRS by 2023, 3273)

1. Notwithstanding any other provision of this title, a person shall not act or represent himself or herself as a travel administrator in this State unless the person holds a:

(a) License as a producer of insurance issued by the Commissioner pursuant to NRS 683A.261 or 683A.271 for a line of authority specified in paragraph (c) or (d) of subsection 1 of NRS 683A.261;

(b) License as a managing general agent issued by the Commissioner pursuant to NRS 683A.160; or

2. An insurer is responsible for:

(a) The acts of a travel administrator administering travel insurance underwritten by the insurer; and

(b) Ensuring that the travel administrator maintains all books and records relevant to the insurer.

3. A travel administrator shall make available to the Commissioner upon request the books and records described in paragraph (b) of subsection 2.

(Added to NRS by 2023, 3277)

TRAVEL RETAILERS

NRS 691E.250 Required written disclosures to prospective purchaser. A travel retailer who offers and disseminates travel insurance shall make available to each prospective purchaser a brochure or other written material that has been approved by the insurer providing the travel insurance and which, at a minimum:

1. Provides the identity and contact information of the insurer and the producer of limited lines travel insurance;

2. Explains that the purchase of travel insurance is not required in order to purchase any other product or service of the travel retailer; and

3. Explains that a travel retailer who is not a licensed producer of insurance may provide only general information about the travel 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 travel insurance offered by the travel retailer or evaluate the adequacy of any existing insurance coverage that the prospective purchaser may have.

(Added to NRS by 2023, 3274)

NRS 691E.260 Prohibited acts. A travel retailer, or any employee or authorized representative of the travel retailer, who is not a licensed producer of insurance shall not:

1. Evaluate or interpret technical terms, benefits and conditions of any travel insurance coverage offered by the travel retailer;

2. Evaluate, provide advice or render an opinion concerning any existing insurance coverage of a prospective purchaser; or

3. Hold himself or herself out as a licensed insurer, licensed producer of insurance or insurance expert.

(Added to NRS by 2023, 3275)

NRS 691E.270 Entitlement to compensation for authorized activities. A travel retailer who is listed on the register maintained by a producer of limited lines travel insurance pursuant to NRS 691E.220 and who limits his or her activities and those of his or her employees or authorized representatives to offering and disseminating travel insurance on behalf of and under the direction of the producer of limited lines travel insurance in accordance with the provisions of this chapter is entitled to receive compensation relating to those activities.

(Added to NRS by 2023, 3275)

NRS 691E.280 Responsibilities and duties of producer of limited lines travel insurance with respect to travel retailer. A producer of limited lines travel insurance is responsible for the acts of a travel retailer who offers and disseminates travel insurance under the license of the producer of limited lines travel insurance and shall use reasonable means to ensure compliance by the travel retailer with the provisions of this chapter and the regulations adopted pursuant thereto.

(Added to NRS by 2023, 3275)

SALES PRACTICES

NRS 691E.290 Travel protection plan: Conditions under which combined items may be offered for one price; provision of fulfillment materials; refund for cancellation.

1. A travel protection plan that provides any combination of travel insurance, travel assistance services or cancellation fee waivers may be offered in this State for one price for the combined items if:

(a) At or before the time of purchase:

(1) The travel protection plan clearly discloses to the purchaser or prospective purchaser that the plan includes travel insurance, travel assistance services and cancellation fee waivers, as applicable; and

(2) The purchaser or prospective purchaser is provided with information regarding the items included in the plan and an opportunity to obtain additional information regarding the items included in the plan and the pricing of each item; and

(b) The fulfillment materials concerning the travel protection plan:

(1) Describe and delineate the travel insurance, travel assistance services and any cancellation fee waivers in the travel protection plan, as applicable; and

(2) Include, as applicable, the disclosures required by paragraph (a) of subsection 2 of NRS 691E.230 and the contact information for any person providing travel assistance services or cancellation fee waivers.

2. As soon as practicable after the purchase of a travel protection plan, the fulfillment materials concerning the plan must be personally delivered to the purchaser of the travel protection plan or sent to the purchaser by mail or electronic transmission.

3. Unless the insured has started a covered trip or filed a claim under the travel insurance coverage, a policyholder or certificate holder who cancels a travel protection plan that includes travel insurance is entitled to a full refund of the price of the travel protection plan if the cancellation occurs not later than:

(a) If the fulfillment materials are sent by mail, 15 days after the date on which the fulfillment materials are sent.

(b) If the fulfillment materials are personally delivered or sent by electronic transmission, 10 days after the date on which the fulfillment materials are delivered or sent.

(Added to NRS by 2023, 3275)

1. All documents provided to a prospective purchaser before the purchase of travel insurance, including, without limitation, any sales, advertising or marketing materials, must be consistent with the policy of travel insurance.

2. If a certificate or policy of travel insurance contains an exclusion for preexisting conditions, a prospective purchaser must be provided, before the time of purchase, information concerning the exclusion and an opportunity to learn more about the exclusion. If travel insurance is included in a travel protection plan, information concerning the exclusion must be included in the fulfillment materials concerning the plan.

3. An insurer providing travel insurance shall disclose in the policy of travel insurance documentation and, if the travel insurance is included in a travel protection plan, the fulfillment materials concerning the plan, whether the travel insurance is primary or secondary to other applicable insurance coverage.

4. As used in this section, “policy of travel insurance” includes, without limitation, any form, endorsement, policy, rate filing and certificate of insurance associated with a policy of travel insurance.

(Added to NRS by 2023, 3276)

NRS 691E.310 Use of negative option or opt out process prohibited. A person shall not sell, solicit or negotiate travel insurance or a travel protection plan on an individual or group basis using a negative option or opt out process that requires a person who purchases a trip to take an affirmative action to refuse travel insurance coverage, including, without limitation, unchecking a box on an electronic form.

(Added to NRS by 2023, 3276)

1. If travel insurance is marketed directly to a prospective purchaser by an insurer through the Internet website of the insurer or by a person through an aggregator site, the insurer or person may provide on the Internet website or aggregator site an accurate summary or short description of the travel insurance coverage, so long as the prospective purchaser has access to the full provisions of the policy of travel insurance by electronic means.

2. If a producer of limited lines travel insurance or travel retailer offers a trip or travel package to a prospective purchaser and the destination jurisdiction of the prospective purchaser requires travel insurance coverage, the producer of limited lines travel insurance or travel retailer may require the prospective purchaser, as a condition of purchasing the trip or travel package, to choose between:

(a) Purchasing the coverage required by the destination jurisdiction through the producer of limited lines travel insurance or travel retailer supplying the trip or travel package; or

(b) Agreeing to obtain and provide proof of coverage that meets the requirements of the destination jurisdiction before departure.

(Added to NRS by 2023, 3276)

MISCELLANEOUS PROVISIONS

NRS 691E.330 Applicability of certain provisions relating to trade practices to producers of limited lines travel insurance and travel retailers. A producer of limited lines travel insurance and each travel retailer who offers or disseminates travel insurance under the license of a producer of limited lines travel insurance is subject to the provisions of NRS 683A.451 to 683A.520, inclusive, and chapter 686A of NRS.

(Added to NRS by 2023, 3275)

NRS 691E.340 Authorized forms of travel insurance; classification and filing of travel insurance; establishment and use of eligibility and underwriting standards.

1. Travel insurance may be provided in this State in the form of an individual policy of travel insurance, a policy of group travel insurance or a policy of blanket travel insurance.

2. Except as otherwise provided in this subsection, for the purposes of any filing required by chapter 686B of NRS or the regulations adopted pursuant thereto, travel insurance must be classified and filed under an inland marine line of insurance. Travel insurance that provides coverage, either exclusively or in conjunction with coverage for emergency evacuation or repatriation of remains, for sickness, accident, disability or death occurring during travel, may be classified and filed under an accident and health line of insurance or an inland marine line of insurance.

3. An insurer may establish and use eligibility and underwriting standards for travel insurance based on travel protection plans designed for individual or identified marketing or distribution channels so long as the standards meet any requirements imposed by this title or the regulations adopted pursuant thereto relating to eligibility and underwriting standards for inland marine insurance.

(Added to NRS by 2023, 3277)

NRS 691E.350 Regulations. The Commissioner may adopt regulations to carry out the provisions of this chapter.

(Added to NRS by 2023, 3277)