Effective: October 19, 2022
Latest Legislation: Senate Bill 256 - 134th General Assembly
As used in sections 3905.064 to 3905.0611 of the Revised Code:
(A) "Aggregator site" means a web site that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping.
(B) "Blanket travel insurance" 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.
(C) "Cancellation fee waiver" 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's underlying travel contract, with or without regard to the reason for the cancellation or form of reimbursement.
(D) "Eligible group" means, solely for the purposes of travel insurance, two or more persons who are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship. "Eligible group" includes any of the following:
(1) Any entity engaged in the business of providing travel or travel services, including all of the following:
(a) Tour operators;
(b) Lodging providers;
(c) Vacation property owners;
(d) Hotels and resorts;
(e) Travel clubs;
(f) Travel agencies;
(g) Property managers;
(h) Cultural exchange programs;
(i) Common carriers or the operator, owner, or lessor of a means of transportation of passengers, including airlines, cruise lines, railroads, steamship companies, and public bus carriers that, with regard to any particular travel or type of travel or travelers, subjects all members or customers of the group to a common exposure to risk attendant to such travel;
(2) Any college, school, or other institution of learning, obtaining travel insurance covering students, teachers, employees, or volunteers;
(3) Any employer obtaining travel insurance coverage for any group of employees, volunteers, contractors, board of directors, dependents, or guests;
(4) Any sports team, camp, or sponsor thereof, obtaining travel insurance coverage for participants, members, campers, employees, officials, supervisors, or volunteers;
(5) Any religious, charitable, recreational, educational, or civic organization, or branch thereof, obtaining travel insurance coverage for any group of members, participants, or volunteers;
(6) Any financial institution or financial institution vendor, or parent holding company, trustee, or agent of, or designated by, one or more financial institutions or financial institution vendors, including account holders, credit card holders, debtors, guarantors, or purchasers;
(7) Any incorporated or unincorporated association, including labor unions, that have a common interest, constitution, and bylaws, and that are 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 of one or more associations meeting the requirements of division (D)(7) of this section, subject to the superintendent's permitting the use of a trust and the state's premium tax provisions in section 3905.068 of the Revised Code;
(9) Any entertainment production company obtaining travel insurance coverage for any group of participants, volunteers, audience members, contestants, or workers;
(10) Any volunteer fire department, ambulance, rescue, police, or court, or any first aid, civil defense, or other such volunteer group;
(11) Preschools, day-care institutions for children or adults, and senior citizen clubs;
(12) Any automobile or truck rental or leasing company obtaining travel insurance coverage for a group of individuals who may become renters, lessees, or passengers, defined by their travel status, on the rented or leased vehicles;
(13) Any other group whose members the superintendent has determined are engaged in a common enterprise, or that have an economic, educational, or social affinity or relationship, if the superintendent also determines that issuance of the travel insurance policy would not be contrary to the public interest.
(E) "Fulfillment materials" means documentation sent to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan's coverage and assistance details.
(F) "Group travel insurance" means travel insurance issued to any eligible group.
(G) "Limited lines travel insurance agent" means an individual or business entity licensed to sell, solicit, or negotiate travel insurance under section 3905.065 of the Revised Code. "Limited lines travel insurance agent" includes a licensed insurance agent and a travel administrator.
(H) "Offer and sell" means providing general information, including a description of the coverage and price, as well as processing the application and collecting premiums.
(I) "Primary certificate holder" means an individual person who elects and purchases travel insurance under a group policy.
(J) "Primary policyholder" means an individual person who elects and purchases individual travel insurance.
(K) "Travel administrator" means a person who directly or indirectly underwrites, collects charges, collateral, or premiums from, or adjusts or settles claims on residents of this state, in connection with travel insurance. The following persons shall not be considered a travel administrator if they engage in no other activities that would cause them to be considered a travel administrator:
(1) A person working for a travel administrator to the extent that the person's 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's license;
(3) A travel retailer offering and selling travel insurance and registered under the license of a limited-lines travel insurance agent in accordance with sections 3905.065 and 3905.066 of the Revised Code;
(4) An individual adjusting or settling claims in the normal course of that individual's practice or employment as an attorney at law and who does not collect charges or premiums in connection with insurance coverage;
(5) A business entity affiliated with a licensed insurer while that insurer is acting as a travel administrator for the direct and assumed insurance business of a separate affiliated insurer.
(L) "Travel assistance services" means noninsurance services for which the consumer is not indemnified based on a fortuitous event, and where providing the service does not result in transfer or shifting of risk that would constitute the business of insurance. "Travel assistance services" include all of the following:
(1) Security advisories;
(2) Destination information;
(3) Vaccination and immunization information services;
(4) Travel reservation services;
(5) Entertainment;
(6) Activity and event planning;
(7) Translation assistance;
(8) Emergency messaging;
(9) International legal and medical referrals;
(10) Medical case monitoring;
(11) Coordination of transportation arrangements;
(12) Emergency cash transfer assistance;
(13) Medical prescription replacement assistance;
(14) Passport and travel document replacement assistance;
(15) Lost luggage assistance;
(16) Concierge services;
(17) Any other service that is furnished in connection with planned travel.
(M)(1) "Travel insurance" means insurance coverage for personal risks incident to planned travel, including all of the following:
(a) Interruption or cancellation of a trip or event;
(b) Loss of baggage or personal effects;
(c) Damages to accommodations or rental vehicles;
(d) Sickness, accident, disability, or death occurring during travel;
(e) Emergency evacuation;
(f) Repatriation of remains;
(g) Any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the superintendent of insurance.
(2) "Travel insurance" does not include any of the following:
(a) Major medical plans that provide comprehensive medical protection for a traveler with a trip lasting six months or longer, including a plan covering a person working overseas as an expatriate or in a deployed military unit;
(b) Any other product that requires a specific insurance agent license;
(c) Travel assistance services;
(d) Cancellation fee waivers.
(N) "Travel insurer" means an insurer, as defined in section 3901.32 of the Revised Code, that provides travel insurance.
(O) "Travel protection plan" means a plan that provides one or more of the following: travel insurance, travel assistance services, and cancellation fee waivers.
(P) "Travel retailer" means a business entity that makes, arranges, or offers travel services, and that may offer or sell travel insurance as a service to its customers on behalf of, and under the direction of, a limited lines travel insurance agent in conjunction with the making, arranging, or offering of travel services.
Last updated June 8, 2022 at 1:10 PM
Structure Ohio Revised Code
Chapter 3905 | Insurance Producers Licensing Act
Section 3905.01 | Insurance Producers Licensing Act Definitions.
Section 3905.02 | License Required.
Section 3905.03 | Exceptions to Licensing Requirement.
Section 3905.04 | Written Examination of Applicant for Agent License.
Section 3905.041 | Exceptions to Program of Insurance Education or Examination Requirement.
Section 3905.05 | Application for Resident Insurance Agent License.
Section 3905.051 | Criminal Records Check; Fingerprinting; Confidentiality.
Section 3905.06 | Issuance and Contents of License - Lines of Authority.
Section 3905.061 | Agent to File of Change of Address.
Section 3905.062 | Portable Electronics Insurance.
Section 3905.063 | Self-Service Storage Insurance; License Required.
Section 3905.064 | Travel Insurance Definitions.
Section 3905.065 | Travel Insurance Agent License; Travel Protection Plans; Policy Requirements.
Section 3905.066 | Travel Retailers.
Section 3905.067 | Unfair and Deceptive Acts or Practices.
Section 3905.068 | Tax on Travel Insurance Premiums.
Section 3905.069 | Travel Administrators.
Section 3905.0610 | Classification of Travel Insurance; Eligibility and Underwriting Standards.
Section 3905.07 | Nonresident Insurance Agent or Surplus Lines Broker License; Renewal.
Section 3905.071 | Nonresident to File Change of Address.
Section 3905.072 | Nonresident Limited Lines Insurance Agent License.
Section 3905.08 | Reciprocity.
Section 3905.09 | Temporary Insurance Agent License.
Section 3905.11 | Agent's Use of Assumed Name.
Section 3905.14 | Disciplinary Actions.
Section 3905.15 | Hearing to Determine Administrative Action Modification.
Section 3905.16 | Surrender of License.
Section 3905.18 | Paying Unlawful Consideration.
Section 3905.181 | Accepting Consideration Without License.
Section 3905.182 | Sale of Shares of Capital Stock of Life Insurance Company or Agency.
Section 3905.20 | Appointment of Insurance Agent to Act as Agent of Insurer.
Section 3905.201 | Limited Line Credit Insurance Program of Instruction.
Section 3905.21 | Notice of Terminating Relationship With Insurance Agent.
Section 3905.24 | Confidentiality of Records and Information - Exceptions.
Section 3905.26 | Centralized Agent License Registry.
Section 3905.29 | Mutual Protective Associations Exempted.
Section 3905.30 | Resident and Nonresident Surplus Lines Broker's License.
Section 3905.31 | Prohibitions.
Section 3905.32 | License Fees.
Section 3905.331 | Exempt Commercial Purchasers; Qualifications; Qualified Risk Managers.
Section 3905.332 | Designation as Domestic Surplus Lines Insurer.
Section 3905.34 | Separate Accounts.
Section 3905.37 | Prohibited Acts.
Section 3905.39 | Continuation of Certificates and Licenses.
Section 3905.40 | Fees Paid to Superintendent of Insurance.
Section 3905.401 | Valuation Fee Not Applicable to Reinsurance Ceded to Affiliated Companies.
Section 3905.41 | Accounts for Fees.
Section 3905.42 | Insurance Business Must Be Authorized.
Section 3905.421 | Vehicle Protection Product Warranty.
Section 3905.422 | Homes Service Contract Are Consumer Transactions.
Section 3905.423 | Consumer Goods Contracts to Be Covered by Reimbursement Insurance.
Section 3905.424 | Waiver of Customer Obligation Not Insurance Matter.
Section 3905.426 | Requirements for Ancillary Product Protection Contracts.
Section 3905.43 | Advertising Limitations.
Section 3905.44 | Limitation Upon Domestic Companies.
Section 3905.45 | Payment of Funeral or Burial Expenses Policy.
Section 3905.451 | Funeral or Burial Goods or Services Coverage Not Subject to Preneed Provisions.
Section 3905.46 | Application of Law.
Section 3905.47 | Agent Training Programs.
Section 3905.471 | Insurance Navigator Certification.
Section 3905.472 | Qualified Health Benefit Plans.
Section 3905.473 | Exchange Listings.
Section 3905.474 | Qualifications for In-Person Assisters.
Section 3905.481 | Continuing Education Requirements.
Section 3905.484 | Establishing Criteria for Course or Program of Study for License Examination.
Section 3905.486 | Adoption of Rules.
Section 3905.49 | Prohibiting False Representation as Independent Agent.
Section 3905.50 | Terminating Independent Insurance Agent Contract.
Section 3905.53 | Effect of Child Support Default on License.
Section 3905.56 | Compensation by Public Entity for Placement of Insurance.
Section 3905.61 | Controlled Insurers Definitions.
Section 3905.62 | Application of Sections.
Section 3905.63 | Limits on Business Placed With Controlled Insurer by Controlling Producer.
Section 3905.64 | Notice to Prospective Insured by Controlling Producer.
Section 3905.65 | Remedies for Noncompliance.
Section 3905.71 | Managing General Agent Definitions.
Section 3905.72 | Managing General Agent License Requirement.
Section 3905.73 | Responsibilities of Managing General Agent.
Section 3905.74 | Independent Financial Examination of Each Managing General Agent.
Section 3905.75 | Acts of Agent Deemed Acts of Insurer - Examinations.
Section 3905.76 | Prohibition.
Section 3905.77 | Penalties for Violations.
Section 3905.78 | Rights Not Limited or Restricted.
Section 3905.81 | Reinsurance Intermediary-Broker or Intermediary-Manager License Required - Rules.
Section 3905.83 | Surety Bail Bond Agent Definitions.
Section 3905.84 | Surety Bail Bond Agent to Be Qualified, Licensed, and Appointed.
Section 3905.841 | Persons or Classes of Persons Not to Act as Agents.
Section 3905.85 | Surety Bail Bond Agent License.
Section 3905.851 | No Imposition of Local Licensing Fees.
Section 3905.86 | Appointment of Agent by Insurer.
Section 3905.861 | Extending Appointments to Affiliated Agents.
Section 3905.862 | Expiration or Cancellation of Appointment; Fee.
Section 3905.88 | Continuing Education.
Section 3905.89 | Notice of Change of Principal Business Address or Telephone Number.
Section 3905.90 | Records of Surety Bonds to Be Maintained - Furnishing of Information.
Section 3905.901 | Determination of Direct Written Premiums for Bail Bonds.
Section 3905.91 | Build-Up Funds.
Section 3905.92 | Requirements for Acceptance of Collateral Security or Other Indemnity.
Section 3905.921 | Discharge of Bond Where Collateral Security or Other Indemnity Accepted.
Section 3905.93 | Bail Bond - Charges and Fees.
Section 3905.931 | Furnishing of Forms and Other Supplies.
Section 3905.932 | Prohibited Acts.
Section 3905.933 | Signing or Countersigning Agent's Name to a Bond.
Section 3905.934 | Advertising Requirements.
Section 3905.94 | License Suspension or Revocation.