If the portable electronics insurance coverage is included with the purchase or lease of a portable electronic device, the vendor shall clearly and conspicuously disclose to the enrolled customer that the coverage is included with the purchase or lease of the portable electronic device.
A vendor that bills and collects charges from an enrolled customer is not required to maintain those moneys in a segregated account if the insurer authorizes the vendor to hold those moneys in a manner other than a segregated account and if the vendor remits the moneys to the insurer or supervising entity within 60 days of receiving those moneys. The vendor shall consider all moneys received by that vendor from an enrolled customer for the sale of portable electronics insurance to be held in trust by that vendor in a fiduciary capacity for the benefit of the insurer.
The insurer or supervising entity may compensate the vendor for billing and collection services.
At every location where portable electronics insurance is offered to customers, a vendor shall make available to prospective customers brochures or other written materials that contain all of the following:
A disclosure that portable electronics insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy, or other source of insurance coverage.
A statement that a customer is not required to enroll in portable electronics insurance as a condition of purchasing or leasing a portable electronic device.
A summary of the material terms of the portable electronics insurance coverage including all of the following:
The amount of any applicable deductible and how to pay that deductible.
The key terms and conditions of coverage such as whether a portable electronic device covered under the policy may be repaired or replaced with parts or equipment of a similar make and model that are reconditioned or are nonoriginal manufacturer parts or equipment.
A summary of the process for filing a claim, including a description of how to return a portable electronic device and the maximum fee applicable in the event the enrolled customer fails to comply with any equipment return requirement.
A statement that the enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and that upon cancellation the person paying the premium receives a refund of any applicable unearned premium.
A vendor may offer portable electronics insurance on a month to month or other periodic basis as a group or master commercial inland marine policy that is issued to a vendor of portable electronics for its enrolled customers.
An insurer shall establish eligibility and underwriting standards for customers electing to enroll in coverage for each portable electronics insurance program offered by a vendor to its customers.
Termination of insurance; changes to policy. 632.975(9)(a)
Except as provided in par. (c)
, an insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only after providing the policyholder and all enrolled customers at least 30 days' notice before terminating the coverage or making the change.
If the insurer changes the terms and conditions in accordance with par. (a)
, the insurer shall provide the vendor policyholder with a revised policy or endorsement and shall provide each enrolled customer a revised certificate, endorsement, updated brochure, or other evidence indicating that a change in the terms and conditions has occurred and a summary of the material changes.
An insurer may terminate the enrollment of an enrolled customer under a portable electronics insurance policy after providing 15 days' notice if the insurer discovers that the enrolled customer committed fraud or made a material misrepresentation in obtaining coverage or in the presentation of a claim under the portable electronics insurance policy.
An insurer may immediately terminate the enrollment of an enrolled customer under a portable electronics insurance policy for any of the following reasons:
The enrolled customer fails to pay the premium for the portable electronics insurance policy.
The enrolled customer ceases to have an active service with the vendor of portable electronics.
An insurer may terminate the enrollment of an enrolled customer under a portable electronics insurance policy if the enrolled customer exhausts any aggregate limit of liability under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within 30 days after exhaustion of the limit. If the insurer does not send the notice within 30 days after exhaustion of the limit, the insurer shall continue the coverage notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer.
If a portable electronics insurance policy is terminated by a vendor that owns the policy, the vendor shall mail or deliver, at least 30 days before the termination, written notice to each enrolled customer advising of the termination of the portable electronics insurance policy and the effective date of termination.
Any notice or correspondence with respect to coverage under a policy of portable electronics insurance that is required under this section or is otherwise required by law shall be in writing and may be mailed to the vendor at the mailing address of the vendor and to the enrolled customers at their last known mailing addresses on file with the insurer or delivered by electronic means to the vendor and enrolled customers. If the notice or correspondence is mailed, the insurer, or vendor, that mailed the notice or correspondence, shall maintain proof of mailing in a form authorized or accepted by the U.S. postal service or other commercial mail delivery service. If delivery of the notice or correspondence is by electronic means, the insurer shall use the electronic mail address specified by the vendor for that purpose and the insurer, or vendor, shall use the last known electronic mail address provided by each enrolled customer. An enrolled customer who provides an electronic mail address to the insurer or vendor consents to receive notices and correspondence by electronic means. If delivery is by electronic means, the insurer or vendor, whichever delivers the notice or correspondence, shall maintain proof of delivery.
A supervising entity may send any notice or correspondence required by this section or otherwise required by law. An insurer or vendor is not required to provide the notice or correspondence if it is provided by a supervising entity in a manner that complies with this section.
“Blanket travel insurance” means a policy of travel insurance issued to an eligible group that provides coverage for specific classes of persons defined in the policy, without a separate charge to any individual group member.
“Cancellation fee waiver” means a contractual agreement between a supplier of travel services and a purchaser of the services to waive a nonrefundable cancellation fee provision of the underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement.
“Eligible group” means 2 or more persons who are engaged in a common enterprise or have an economic, educational, or social affinity or relationship, including any of the following:
An entity engaged in the business of providing travel or travel services if, with regard to a 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 purposes of this subdivision, “entity engaged in the business of providing travel or travel services” includes 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 an airline, cruise line, railroad, steamship company, and public bus carrier.
A college, school, or other institution of learning, covering any group of students, teachers, employees, or volunteers.
An employer covering any group of employees, volunteers, contractors, board of directors, dependents, or guests.
A sports team, camp, or sponsor of a sports team or camp, covering any group of participants, members, campers, employees, officials, supervisors, or volunteers.
A religious, charitable, recreational, educational, or civic organization, including a branch of any such organization, covering any group of members, participants, or volunteers.
A financial institution or financial institution vendor, or a parent holding company, trustee, or agent of or designated by one or more financial institutions or financial institution vendors, including accountholders, credit card holders, debtors, guarantors, or purchasers.
An incorporated or unincorporated association, including 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, covering any group of its members or participants.
Subject to the commissioner's permitting the use of a trust, a trust or its trustees if the trust is established, created, or maintained for the benefit of the members, employees, or customers of one or more associations described in subd. 7.
, covering any group of the members, employees, or customers.
An entertainment production company covering any group of participants, volunteers, audience members, contestants, or workers.
A volunteer fire department, ambulance, rescue, police, or court or a first aid, civil defense, or similar volunteer group.
A preschool, daycare institution for children or adults, or senior citizen club.
An automobile or truck rental or leasing company covering any group of individuals who may become renters, lessees, or passengers defined by their travel status on 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 section applies.
Any other group for which the commissioner has determined that the group's members are engaged in a common enterprise or have an economic, educational, or social affinity or relationship, and that issuance of a travel insurance policy to the group is not contrary to the public interest.
“Fulfillment materials” means documentation sent to a purchaser of a travel protection plan that confirms the purchase of the plan and provides information about the plan's coverage and travel assistance services.
“Limited lines travel insurance producer" means a person licensed under sub. (4) (a)
to sell, solicit, or negotiate travel insurance.
“Offer and disseminate" means to provide general information, including a description of coverage and price, as well as to process applications, collect premiums, and perform other activities permitted by statute or rule.
“Travel administrator” means a person who directly or indirectly underwrites, collects charges or premiums from, or adjusts or settles claims of residents of this state in connection with travel insurance, but does not include any of the following:
An individual working for a travel administrator to the extent that the individual's activities are subject to the supervision and control of the travel administrator.
An intermediary selling insurance or engaged in administrative and claims related activities within the scope of the intermediary's license.
An individual adjusting or settling claims while acting in his or her professional capacity as an attorney.
A business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of the affiliated insurer.
“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.
“Travel assistance services” includes 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 of subd. 1.
“Travel insurance" means limited lines insurance coverage for personal risks incident to planned travel, including any of the following:
Sickness, accident, disability, or death occurring during travel.
As determined by the commissioner, any other contractual obligation to indemnify or pay a specified amount upon a determinable contingency related to travel.
“Travel insurance" does not include any of the following:
Major medical plans that provide comprehensive medical protection for trips lasting longer than 6 months.
An insurance product that requires a specific insurance intermediary license other than the license required under sub. (4)
“Travel protection plan” means a plan that provides travel insurance, travel assistance services, or cancellation fee waivers, or any combination of the 3 items.
“Travel retailer" means a business entity that makes, arranges, or offers travel services.
This section shall apply to travel insurance that covers a resident of this state and is sold, solicited, negotiated, or offered in this state and any travel insurance policy or certificate that is delivered or issued for delivery in this state.
Travel insurance may be provided in this state under an individual or group policy or as blanket travel insurance.
Travel insurance shall be classified and filed for purposes of rates and forms under an inland marine line of insurance, except that travel insurance may be filed under either an accident and health line of insurance or an inland marine line of insurance if the travel insurance provides coverage, either exclusively or in conjunction with coverage for emergency evacuation or repatriation of remains, for sickness, accident, disability, or death, or incidental limited property and casualty benefits such as baggage or trip cancellation, occurring during travel.
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 requirement imposed by statute or rule related to eligibility and underwriting standards for inland marine insurance.
An intermediary licensed in a major line of authority is authorized to sell, solicit, and negotiate travel insurance. An intermediary with a property and casualty line of authority is not required to become appointed by an insurer in order to sell, solicit, or negotiate travel insurance.
Limited lines travel insurance producers. 632.977(4)(a)
The commissioner may issue a limited lines travel insurance producer license to a person who is licensed as an intermediary or managing general agent, a person who is licensed as a 3rd-party administrator, or a person who is a travel administrator. A person seeking a license under this paragraph shall apply on a form and in the manner prescribed by the commissioner. The license shall authorize the person to sell, solicit, or negotiate travel insurance through an insurer. No person may act as a limited lines travel insurance producer in this state unless licensed under this paragraph.
A limited lines travel insurance producer and any travel retailer offering and disseminating travel insurance on behalf of and under the control of the limited lines travel insurance producer are subject to ss. 601.41 (4)
, and 628.34
As the insurer designee, a limited lines travel insurance producer is responsible for the acts of each travel retailer offering and disseminating travel insurance on behalf of and under the control of the limited lines travel insurance producer. The limited lines travel insurance producer shall use reasonable means to ensure compliance by the travel retailer with sub. (5)
A limited lines travel insurance producer and a travel retailer offering and disseminating travel insurance on behalf of and under the control of the limited lines travel insurance producer are exempt from the examination and education requirements under s. 628.04 (3)
A travel retailer may offer and disseminate travel insurance in this state under the license of a limited lines travel insurance producer only if all of the following conditions are satisfied:
The limited lines travel insurance producer or travel retailer provides to a purchaser of travel insurance the material terms, or a description of the material terms, of the travel insurance coverage; a description of the process for filing a claim; a description of the review or cancellation process for the travel insurance policy; and the identity and contact information of the insurer and limited lines travel insurance producer.