                                 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.