                                 CODE OF VIRGINIA

APPLICATION OF ARTICLE; DEFINITIONS (§ 38.2-1887)

A. This article applies to travel insurance that covers any resident of the
Commonwealth, any travel insurance sold, solicited, negotiated, or offered in
the Commonwealth, and any travel insurance policies or certificates delivered or
issued for delivery in the Commonwealth. This article shall not apply to
cancellation fee waivers or travel assistance services except as expressly
provided in this article. In the event of conflict between the provisions in
this article and other provisions of this title, the provisions of this article
shall control.

B. As used in this article, unless the context requires a different meaning:
			&#8220;Aggregator site&#8221; means a website that provides access to
information, including product and insurer information, regarding insurance
products from more than one insurer for use in comparison shopping.
			&#8220;Blanket travel insurance&#8221; means a policy of travel insurance
issued to any eligible group providing coverage for specific classes of persons
defined in the policy with coverage provided to all members of the eligible
group without a separate charge to individual members of the eligible group.
			&#8220;Cancellation fee waiver&#8221; means a contractual agreement between a
supplier of travel services and its customer to waive some or all of the
nonrefundable cancellation fee provisions of the supplier&#8217;s underlying
travel contract with or without regard to the reason for the cancellation or
form of reimbursement. A cancellation fee waiver is not insurance.
			&#8220;Designated licensed producer&#8221; or &#8220;DLP&#8221; means an
employee, officer, director, manager, member, or partner of a limited lines
travel insurance agent who (i) is a licensed property and casualty insurance
agent, a personal lines insurance agent, or an individual limited lines property
and casualty insurance agent and (ii) has been designated by the limited lines
travel insurance agent as the person responsible for the limited lines travel
insurance agent&#8217;s compliance with the travel insurance laws, rules, and
regulations of the Commonwealth.
			&#8220;Eligible group&#8221; means two or more persons who are engaged in a
common enterprise or have an economic, educational, or social affinity or
relationship, including:

   1. Any entity engaged in the business of providing travel or travel services,
   including (i) tour operators, (ii) lodging providers, (iii) vacation property
   owners, (iv) hotels and resorts, (v) travel clubs, (vi) travel agencies, (vii)
   property managers, (viii) cultural exchange programs, and (ix) common carriers
   or the operator, owner, or lessor of a means of transportation of passengers,
   including cruise lines, railroads, steamship companies, and public bus
   carriers. All members or customers of any group must have a common exposure to
   risk attendant to such travel;

   2. Any public or private school or institution of higher education covering
   students, teachers, employees, or volunteers;

   3. Any employer covering any group of employees, volunteers, contractors,
   boards of directors, dependents, or guests;

   4. Any sports team or camp, or sponsor of such team or camp, covering
   participants, members, campers, employees, officials, supervisors, or
   volunteers;

   5. Any religious, charitable, recreational, educational, or civic organization
   or branch thereof covering any group of members, participants, or volunteers;

   6. Any financial institution or financial institution vendor, or parent
   holding company, trustee, or agent designated by one or more financial
   institutions or financial institution vendors, including accountholders,
   credit card holders, debtors, guarantors, or purchasers;

   7. Any incorporated or unincorporated association, including labor unions,
   having a common interest, constitution, and bylaws, and organized and
   maintained in good faith for purposes other than obtaining insurance for
   members or participants of such association, covering its members;

   8. Any trust or the trustees of a fund established, created, or maintained for
   the benefit of and covering members, employees, or customers, subject to the
   Commission&#8217;s permitting the use of a trust and the premium tax
   provisions in &#xA7; 58.1-2501.1 of any incorporated or unincorporated
   association;

   9. Any entertainment production company covering any group of participants,
   volunteers, audience members, contestants, or workers;

   10. Any volunteer fire department, emergency medical services department,
   police department, or court or any first aid, civil defense, or similar
   volunteer group covering any group of members, participants, or volunteers;

   11. Any preschools or daycare institutions covering children or adults and
   senior citizen clubs;

   12. Any automobile or truck rental or leasing company covering a group of
   individuals who may become renters, lessees, or passengers defined by their
   travel status in the rented or leased vehicles. The common carrier, the
   operator, owner, or lessor of a means of transportation, or the automobile or
   truck rental or leasing company is the policyholder under a policy to which
   this definition applies; or

   13. Any other group where the members are engaged in a common enterprise, or
   have an economic, educational, or social affinity or relationship, and that
   issuance of the policy would not be contrary to the public interest.
   				&#8220;Fulfillment materials&#8221; means documentation sent to the
   purchaser of a travel protection plan confirming the purchase and providing
   the travel protection plan&#8217;s coverage and assistance details.
   				&#8220;Group travel insurance&#8221; means travel insurance issued to an
   eligible group.
   				&#8220;Limited lines travel insurance agent&#8221; means a licensed
   property and casualty insurance agent, a personal lines insurance agent, or a
   limited lines property and casualty agent.
   				&#8220;Offer and disseminate&#8221; means providing general information,
   including a description of the coverage and price, as well as processing the
   application, collecting premiums, and performing other non-licensable
   activities permitted by the Commonwealth.
   				&#8220;Primary certificate holder&#8221; means a person who elects and
   purchases travel insurance under a group policy.
   				&#8220;Primary policyholder&#8221; means a person who elects and purchases
   individual travel insurance.
   				&#8220;Travel administrator&#8221; means a person who directly or
   indirectly underwrites, collects, charges collateral or premiums from, or
   adjusts or settles claims on residents of the Commonwealth, in connection with
   travel insurance. A person shall not be considered a travel administrator if
   his only actions that would otherwise cause him to be considered a travel
   administrator are among the following:

   1. A person working for a travel administrator to the extent that his
   activities are subject to the supervision and control of the travel
   administrator;

   2. An insurance agent selling insurance or engaged in administrative and
   claims-related activities within the scope of the agent&#8217;s license;

   3. A travel retailer offering and disseminating travel insurance and
   registered under the license of a limited lines travel insurance agent in
   accordance with this article; or

   4. An individual adjusting or settling claims in the normal course of his
   practice or employment as an attorney at law and who does not collect charges
   or premiums in connection with insurance coverage.
   				&#8220;Travel assistance services&#8221; means noninsurance services for
   which the consumer is not indemnified based on a fortuitous event, and where
   providing the service does not result in the transfer or shifting of risk that
   would constitute the business of insurance. &#8220;Travel assistance
   services&#8221; includes (i) security advisories; (ii) destination
   information; (iii) vaccination and immunization information services; (iv)
   travel reservation services; (v) entertainment; (vi) activity and event
   planning; (vii) translation assistance; (viii) emergency messaging; (ix)
   international legal and medical referrals; (x) medical case monitoring; (xi)
   coordination of transportation arrangements; (xii) emergency cash transfer
   assistance; (xiii) medical prescription replacement assistance; (xiv) passport
   and travel document replacement assistance; (xv) lost luggage assistance;
   (xvi) concierge services; and (xvii) any other service that is furnished in
   connection with planned travel. Travel assistance services are not insurance.
   				&#8220;Travel insurance&#8221; means insurance coverage for personal risks
   incident to planned travel, including (i) interruption or cancellation of trip
   or event; (ii) loss of baggage or personal effects; (iii) damages to
   accommodations or rental vehicles; (iv) emergency evacuation; (v) repatriation
   of remains; or (vi) any other contractual obligations to indemnify or pay a
   specified amount to the traveler upon determinable contingencies related to
   travel as approved by the Commission. &#8220;Travel insurance&#8221; may
   include appropriate provisions obligating the insurer to pay medical,
   hospital, surgical, and funeral expenses arising out of the death,
   dismemberment, sickness, or injury of any person, and death and dismemberment
   benefits in the event of death or dismemberment, if the death, dismemberment,
   sickness, or injury is caused by or is incidental to a cause of loss insured
   under the policy. &#8220;Travel insurance&#8221; does not include major
   medical plans that provide comprehensive medical protection for travelers with
   trips lasting longer than six months, including those working or residing
   overseas as an expatriate.
   				&#8220;Travel protection plan&#8221; means any plan that provides travel
   insurance, travel assistance services, or cancellation fee waivers.
   				&#8220;Travel retailer&#8221; means a business entity that offers and
   disseminates travel insurance on behalf of and under the direction and license
   of a travel insurance agent.

HISTORY: 2013, c. 497; 2019, cc. 266, 346.