{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1888.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1888.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1888.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1888.3.html"}],"law_id":79617,"edition_id":1,"section_id":79617,"structure_id":14671,"section_number":"38.2-1888.3","catch_line":"Sales practices","history":"2019, cc. 266, 346.","full_text":"A\n\nFor the purposes of this section, “delivery” means handing fulfillment materials to the primary policyholder or primary certificate holder or sending fulfillment materials by United States Postal Service mail or by any other delivery service or electronic means to the policyholder or certificate holder.B\n\nAny person offering travel insurance to residents of the Commonwealth is subject to the unfair trade practice penalties contained in Chapter 5 (§ 38.2-500 et seq.), except as otherwise provided in this section. In the event of a conflict between this article and other provisions of this title regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this article shall control.C\n\nOffering 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.D\n\nAll documents provided to consumers prior to the purchase of travel insurance, including sales materials, advertising materials, and marketing materials, shall be consistent with the travel insurance policy itself, including forms, endorsements, policies, rate filings, and certificates of insurance.\n\t\t\tFor travel insurance policies or certificates that contain pre-existing condition exclusions, information and an opportunity to learn more about the pre-existing condition exclusions shall be provided any time prior to the time of purchase and in the coverage’s fulfillment materials.\n\t\t\tThe fulfillment materials and the information described in subdivision 2 of § 38.2-1888.2 shall be provided to a primary policyholder or primary 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 a travel protection plan until (i) at least 15 days following the date of delivery of the travel protection plan’s fulfillment materials sent by United States Postal Service mail or (ii) at least 10 days following the date of delivery of the travel protection plan’s fulfillment materials sent by means other than United States Postal Service mail.E\n\nThe company shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage.F\n\nWhere travel insurance is marketed directly to a consumer through an insurer’s website 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.G\n\nNo person offering, soliciting, or negotiating travel insurance or travel protection plans on an individual or group basis may do so by using negative option or opt out that 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.H\n\nIt shall be an unfair trade practice to market blanket travel insurance coverage as free.I\n\nWhere a consumer’s destination jurisdiction requires insurance coverage, it shall not be an unfair trade practice to require that a consumer choose between the following options as a condition of purchasing a trip or travel package:1\n\nPurchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance agent supplying the trip or travel package; or2\n\nAgreeing to obtain and provide proof of coverage that meets the destination jurisdiction’s requirements prior to departure.","order_by":null,"text":{"0":{"id":285268,"text":"For the purposes of this section, “delivery” means handing fulfillment materials to the primary policyholder or primary certificate holder or sending fulfillment materials by United States Postal Service mail or by any other delivery service or electronic means to the policyholder or certificate holder.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285269,"text":"Any person offering travel insurance to residents of the Commonwealth is subject to the unfair trade practice penalties contained in Chapter 5 (§ 38.2-500 et seq.), except as otherwise provided in this section. In the event of a conflict between this article and other provisions of this title regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this article shall control.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":285270,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":285271,"text":"All documents provided to consumers prior to the purchase of travel insurance, including sales materials, advertising materials, and marketing materials, shall be consistent with the travel insurance policy itself, including forms, endorsements, policies, rate filings, and certificates of insurance.\n\t\t\tFor travel insurance policies or certificates that contain pre-existing condition exclusions, information and an opportunity to learn more about the pre-existing condition exclusions shall be provided any time prior to the time of purchase and in the coverage’s fulfillment materials.\n\t\t\tThe fulfillment materials and the information described in subdivision 2 of § 38.2-1888.2 shall be provided to a primary policyholder or primary 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 a travel protection plan until (i) at least 15 days following the date of delivery of the travel protection plan’s fulfillment materials sent by United States Postal Service mail or (ii) at least 10 days following the date of delivery of the travel protection plan’s fulfillment materials sent by means other than United States Postal Service mail.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":285272,"text":"The company shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":285273,"text":"Where travel insurance is marketed directly to a consumer through an insurer’s website 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.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":285274,"text":"No person offering, soliciting, or negotiating travel insurance or travel protection plans on an individual or group basis may do so by using negative option or opt out that 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.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":285275,"text":"It shall be an unfair trade practice to market blanket travel insurance coverage as free.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":285276,"text":"Where a consumer’s destination jurisdiction requires insurance coverage, it shall not be an unfair trade practice to require that a consumer choose between the following options as a condition of purchasing a trip or travel package:","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"I1"},"9":{"id":285277,"text":"Purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance agent supplying the trip or travel package; or","type":"section","prefixes":["I","1"],"prefix":"1","entire_prefix":"I1","prefix_anchor":"I1","level":2,"prior_prefix":"I","next_prefix":"I2"},"10":{"id":285278,"text":"Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction’s requirements prior to departure.","type":"section","prefixes":["I","2"],"prefix":"2","entire_prefix":"I2","prefix_anchor":"I2","level":2,"prior_prefix":"I1"}},"ancestry":[{"id":14671,"edition_id":1,"name":"Travel Insurance","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":13203,"metadata":{},"date_created":"2026-06-26 03:49:15","date_modified":"2026-06-26 03:49:15","permalink":{"id":212907,"object_type":"structure","relational_id":14671,"identifier":"9","token":"38.2\/18\/9","url":"\/38.2\/18\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13203,"edition_id":1,"name":"Insurance Agents","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":212411,"object_type":"structure","relational_id":13203,"identifier":"18","token":"38.2\/18","url":"\/38.2\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81620,"structure_id":14671,"section_number":"38.2-1887","catch_line":"Application of article; definitions","url":"\/38.2-1887\/","token":"38.2\/18\/9\/38.2-1887","metadata":false},{"id":80381,"structure_id":14671,"section_number":"38.2-1888","catch_line":"Licensing and registration","url":"\/38.2-1888\/","token":"38.2\/18\/9\/38.2-1888","metadata":false},{"id":59022,"structure_id":14671,"section_number":"38.2-1888.1","catch_line":"Suspension, revocation, or termination of license","url":"\/38.2-1888.1\/","token":"38.2\/18\/9\/38.2-1888.1","metadata":false},{"id":73840,"structure_id":14671,"section_number":"38.2-1888.2","catch_line":"Travel protection plans","url":"\/38.2-1888.2\/","token":"38.2\/18\/9\/38.2-1888.2","metadata":false},{"id":79617,"structure_id":14671,"section_number":"38.2-1888.3","catch_line":"Sales practices","url":"\/38.2-1888.3\/","token":"38.2\/18\/9\/38.2-1888.3","metadata":false},{"id":67718,"structure_id":14671,"section_number":"38.2-1888.4","catch_line":"Travel administrators","url":"\/38.2-1888.4\/","token":"38.2\/18\/9\/38.2-1888.4","metadata":false},{"id":57256,"structure_id":14671,"section_number":"38.2-1888.5","catch_line":"Classification of travel insurance","url":"\/38.2-1888.5\/","token":"38.2\/18\/9\/38.2-1888.5","metadata":false},{"id":56275,"structure_id":14671,"section_number":"38.2-1889","catch_line":"Suspension, revocation, or termination of license","url":"\/38.2-1889\/","token":"38.2\/18\/9\/38.2-1889","metadata":false},{"id":61907,"structure_id":14671,"section_number":"38.2-1890","catch_line":"What laws applicable; rulemaking authority","url":"\/38.2-1890\/","token":"38.2\/18\/9\/38.2-1890","metadata":false}],"previous_section":{"id":73840,"structure_id":14671,"section_number":"38.2-1888.2","catch_line":"Travel protection plans","url":"\/38.2-1888.2\/","token":"38.2\/18\/9\/38.2-1888.2","metadata":false},"next_section":{"id":67718,"structure_id":14671,"section_number":"38.2-1888.4","catch_line":"Travel administrators","url":"\/38.2-1888.4\/","token":"38.2\/18\/9\/38.2-1888.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1888.3\/","history_text":"

This law was first created in 2019. The record of its establishment is cataloged in chapters 266<\/a> and 346<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":73840,"section_number":"38.2-1888.2","catch_line":"Travel protection plans","order_by":null,"url":"\/38.2-1888.2\/"},{"id":66905,"section_number":"38.2-500","catch_line":"Declaration of purpose","order_by":null,"url":"\/38.2-500\/"}],"permalink":{"id":212925,"object_type":"law","relational_id":79617,"identifier":"38.2-1888.3","token":"38.2\/18\/9\/38.2-1888.3","url":"\/38.2-1888.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1888.3\/","token":"38.2\/18\/9\/38.2-1888.3","dublin_core":{"Title":"Sales practices","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1888.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section, “delivery<\/span>” means handing fulfillment materials<\/span> to the primary policyholder or primary certificate holder or sending fulfillment materials<\/span> by United States<\/span> Postal Service mail or by any other delivery<\/span> service or electronic means to the policyholder or certificate holder. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person<\/span> offering travel insurance<\/span> to residents<\/span> of the Commonwealth is subject to the unfair trade practice penalties contained in Chapter 5 (§ 38.2-500<\/a> et seq.), except as otherwise provided in this section. In the event of a conflict between this article and other provisions of this title regarding the sale and marketing of travel insurance<\/span> and travel protection plans, the provisions of this article shall control. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Offering or selling a travel insurance<\/span> policy that could never result in payment of any claims for any insured under the policy is an unfair trade practice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> All documents provided to consumers prior to the purchase of travel insurance, including sales materials<\/span>, advertising materials<\/span>, and marketing materials<\/span>, shall be consistent with the travel insurance policy itself, including forms, endorsements, policies, rate<\/span> filings, and certificates of insurance.\n\t\t\tFor travel insurance policies<\/span> or certificates that contain pre-existing condition exclusions, information and an opportunity to learn more about the pre-existing condition exclusions shall be provided any time prior to the time of purchase and in the coverage’s fulfillment materials<\/span>.\n\t\t\tThe fulfillment materials<\/span> and the information described in subdivision 2 of § 38.2-1888.2<\/a> shall be provided to a primary policyholder or primary 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<\/span> 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 a travel protection plan until (i) at least 15 days following the date of delivery<\/span> of the travel protection plan’s fulfillment materials<\/span> sent by United States<\/span> Postal Service mail or (ii) at least 10 days following the date of delivery<\/span> of the travel protection plan’s fulfillment materials<\/span> sent by means other than United States<\/span> Postal Service mail. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The company<\/span> shall disclose in the policy documentation and fulfillment materials<\/span> whether the travel insurance is primary or secondary to other applicable coverage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Where travel insurance is marketed directly to a consumer through an insurer<\/span>’s website or by others through an aggregator site, it shall not be an unfair trade practice or other violation of law<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> No person<\/span> offering, soliciting, or negotiating travel insurance or travel protection plans on an individual or group basis may do so by using negative option or opt out that 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> It shall be an unfair trade practice to market blanket travel insurance coverage as free. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Where a consumer’s destination jurisdiction<\/span> requires insurance coverage, it shall not be an unfair trade practice to require that a consumer choose between the following options as a condition of purchasing a trip or travel package: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Purchasing the coverage required by the destination jurisdiction<\/span> through the travel retailer or limited lines travel insurance agent supplying the trip or travel package; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction<\/span>’s requirements prior to departure. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSALES PRACTICES (\u00a7 38.2-1888.3)\n\nA. For the purposes of this section, “delivery” means handing\nfulfillment materials to the primary policyholder or primary certificate holder\nor sending fulfillment materials by United States Postal Service mail or by any\nother delivery service or electronic means to the policyholder or certificate\nholder.\n\nB. Any person offering travel insurance to residents of the Commonwealth is\nsubject to the unfair trade practice penalties contained in Chapter 5 (§\n38.2-500 et seq.), except as otherwise provided in this section. In the event of\na conflict between this article and other provisions of this title regarding the\nsale and marketing of travel insurance and travel protection plans, the\nprovisions of this article shall control.\n\nC. Offering or selling a travel insurance policy that could never result in\npayment of any claims for any insured under the policy is an unfair trade\npractice.\n\nD. All documents provided to consumers prior to the purchase of travel\ninsurance, including sales materials, advertising materials, and marketing\nmaterials, shall be consistent with the travel insurance policy itself,\nincluding forms, endorsements, policies, rate filings, and certificates of\ninsurance.\n\t\t\tFor travel insurance policies or certificates that contain pre-existing\ncondition exclusions, information and an opportunity to learn more about the\npre-existing condition exclusions shall be provided any time prior to the time\nof purchase and in the coverage’s fulfillment materials.\n\t\t\tThe fulfillment materials and the information described in subdivision 2 of\n§ 38.2-1888.2 shall be provided to a primary policyholder or primary\ncertificate holder as soon as practicable following the purchase of a travel\nprotection plan. Unless the insured has either started a covered trip or filed a\nclaim under the travel insurance coverage, a policyholder or certificate holder\nmay cancel a policy or certificate for a full refund of the travel protection\nplan price from the date of purchase of a travel protection plan until (i) at\nleast 15 days following the date of delivery of the travel protection\nplan’s fulfillment materials sent by United States Postal Service mail or\n(ii) at least 10 days following the date of delivery of the travel protection\nplan’s fulfillment materials sent by means other than United States Postal\nService mail.\n\nE. The company shall disclose in the policy documentation and fulfillment\nmaterials whether the travel insurance is primary or secondary to other\napplicable coverage.\n\nF. Where travel insurance is marketed directly to a consumer through an\ninsurer’s website or by others through an aggregator site, it shall not be\nan unfair trade practice or other violation of law where an accurate summary or\nshort description of coverage is provided on the web page, so long as the\nconsumer has access to the full provisions of the policy through electronic\nmeans.\n\nG. No person offering, soliciting, or negotiating travel insurance or travel\nprotection plans on an individual or group basis may do so by using negative\noption or opt out that would require a consumer to take an affirmative action to\ndeselect coverage, such as unchecking a box on an electronic form when the\nconsumer purchases a trip.\n\nH. It shall be an unfair trade practice to market blanket travel insurance\ncoverage as free.\n\nI. Where a consumer’s destination jurisdiction requires insurance\ncoverage, it shall not be an unfair trade practice to require that a consumer\nchoose between the following options as a condition of purchasing a trip or\ntravel package:\n\n 1. Purchasing the coverage required by the destination jurisdiction through\n the travel retailer or limited lines travel insurance agent supplying the trip\n or travel package; or\n\n 2. Agreeing to obtain and provide proof of coverage that meets the destination\n jurisdiction’s requirements prior to departure.\n\nHISTORY: 2019, cc. 266, 346.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}