                                 CODE OF VIRGINIA

SALES PRACTICES (§ 38.2-1888.3)

A. For the purposes of this section, &#8220;delivery&#8221; 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. Any person offering travel insurance to residents of the Commonwealth is
subject to the unfair trade practice penalties contained in Chapter 5 (&#xA7;
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. 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.

D. 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.
			For 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&#8217;s fulfillment materials.
			The fulfillment materials and the information described in subdivision 2 of
&#xA7; 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&#8217;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&#8217;s fulfillment materials sent by means other than United States Postal
Service mail.

E. The company shall disclose in the policy documentation and fulfillment
materials whether the travel insurance is primary or secondary to other
applicable coverage.

F. Where travel insurance is marketed directly to a consumer through an
insurer&#8217;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. 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.

H. It shall be an unfair trade practice to market blanket travel insurance
coverage as free.

I. Where a consumer&#8217;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. 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

   2. Agreeing to obtain and provide proof of coverage that meets the destination
   jurisdiction&#8217;s requirements prior to departure.

HISTORY: 2019, cc. 266, 346.