SB 124-FN - AS INTRODUCED
2021 SESSION
21-0389
06/11
SENATE BILL 124-FN
AN ACT adopting omnibus legislation relative to insurance.
SPONSORS: Sen. Cavanaugh, Dist 16
COMMITTEE: Commerce
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ANALYSIS
This bill adopts legislation relative to:
I. Travel insurance.
II. Domestic insurance company investments.
III. Self-service storage insurance.
IV. Medicare supplemental insurance.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 SB 124-FN - AS INTRODUCED
21-0389
06/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT adopting omnibus legislation relative to insurance.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Sponsorship. This act consists of the following proposed legislation:
2 Part I: LSR 21-0389, relative to insurance, sponsored by Sen. Cavanaugh, Prime/Dist. 16; Sen.
3 Watters, Dist. 4; Sen. French, Dist. 7; Rep. Hunt, Ches. 11.
4 Part II: LSR 21-0520, relative to domestic insurance company investments, sponsored by
5 Sen.D'Allesandro, Prime/Dist. 20; Sen. Watters, Dist. 4; Rep. Hunt, Ches. 11.
6 Part III: LSR 21-0681, relative to self-service storage insurance, sponsored by Sen. Watters,
7 Prime/Dist. 4; Sen. Cavanaugh, Dist. 16; Rep. Hunt, Ches. 11; Rep. Van Houten Hills. 45.
8 Part IV: LSR 21-1014, relative to Medicare supplemental insurance, sponsored by Sen.
9 Sherman, Prime/Dist. 24; Sen. Rosenwald, Dist. 13; Sen. Soucy, Dist. 18; Rep. Bartlett, Merr. 19;
10 Rep. Marsh, Carr. 8.
11 2 Legislation Enacted. The general court hereby enacts the following legislation:
12 PART I
13 Relative to insurance.
14 1 Travel Insurance. RSA 402-L is repealed and reenacted to read as follows:
15 SALE OF TRAVEL INSURANCE
16 402-L:1 Short Title. This chapter shall be known as the travel insurance act.
17 402-L:2 Definitions. In this chapter:
18 I. “Aggregator site” means an Internet website that provides access to information regarding
19 insurance products from more than one insurer, including product and insurer information, for use
20 in comparison shopping.
21 II. “Blanket accident and health travel insurance” means a policy issued to a travel agency
22 or other organization that provides travel-related services, which agency or organization shall be
23 deemed the policyholder and which provides accident and health coverage for all persons for whom
24 travel-related services are provided in accordance with RSA 415:18, I-a.
25 III. “Blanket personal inland marine travel insurance” means a policy of travel insurance
26 issued to any eligible group providing coverage for specific classes of persons defined in the policy
27 with coverage provided to all members of the eligible group without a separate charge to individual
28 members of the eligible group for personal loss that occurs incidental to travel.
29 IV. “Cancellation fee waiver” means a contractual agreement between a supplier of travel
30 services and its customer to waive some or all of the non-refundable cancellation fee provisions of the
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1 supplier’s underlying travel contract with or without regard to the reason for the cancellation or
2 form of reimbursement. A cancellation fee waiver is not insurance.
3 V. "Commissioner" means the insurance commissioner.
4 VI. "Designated responsible producer" means an employee, who is a licensed individual
5 producer, or the limited lines travel insurance producer who has designated the employee as
6 responsible for the limited lines travel insurance producer's compliance with this chapter.
7 VII. “Eligible group” means 2 or more persons who are engaged in a common enterprise, or
8 have an economic, educational, or social affinity or relationship, including, but not limited to, any of
9 the following:
10 (a) An entity engaged in the business of providing travel or travel services, including,
11 but not limited to, tour operators, lodging providers, vacation property owners, hotels and resorts,
12 travel clubs, travel agencies, property managers, cultural exchange programs, and common carriers,
13 or the operator, owner, or lessor of a means of transportation of passengers, including but not limited
14 to airlines, cruise lines, railroads, steamship companies, and public bus carriers, where with regard
15 to any particular travel or type of travel or travelers, all members or customers of the group have a
16 common exposure to risk attendant to such travel.
17 (b) A college, school, or other institution of learning, covering students, teachers,
18 employees, or volunteers.
19 (c) An employer covering any group of employees, volunteers, contractors, board of
20 directors, dependents, or guests.
21 (d) A sports team, camp, or sponsor thereof, covering participants, members, campers,
22 employees, officials, supervisors, or volunteers.
23 (e) A religious, charitable, recreational, educational, or civic organization, or branch
24 thereof, covering any group of members, participants, or volunteers.
25 (f) A financial institution or financial institution vendor, or parent holding company,
26 trustee, or agent of or designated by one or more financial institutions or financial institution
27 vendors, including account holders, credit card holders, debtors, guarantors, or purchasers.
28 (g) An incorporated or unincorporated association, including labor unions, having a
29 common interest, constitution, and bylaws, and organized and maintained in good faith for purposes
30 other than obtaining insurance for members or participants of such association covering its
31 members.
32 (h) A trust or the trustees of a fund established, created, or maintained for the benefit of
33 and covering members, employees, or customers, subject to the commissioner’s permitting the use of
34 a trust of one or more associations meeting the requirements of subparagraph (g).
35 (i) An entertainment production company covering any group of participants, volunteers,
36 audience members, contestants, or workers.
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1 (j) A volunteer fire department, ambulance, rescue, police, court, or any first aid, civil
2 defense, or other such volunteer group.
3 (k) Preschools, daycare institutions for children or adults, and senior citizen clubs.
4 (l) An automobile or truck rental or leasing company covering a group of individuals who
5 may become renters, lessees, or passengers defined by their travel status on the rented or leased
6 vehicles; provided that the common carrier, the operator, owner, or lessor of a means of
7 transportation, or the automobile or truck rental or leasing company, is the policyholder under a
8 policy.
9 (m) Any other group where the commissioner has determined that the members are
10 engaged in a common enterprise, or have an economic, educational, or social affinity or relationship,
11 and that issuance of the policy would not be contrary to the public interest.
12 VIII. “Fulfillment materials” means documentation sent to the purchaser of a travel
13 protection plan confirming the purchase and providing the travel protection plan’s coverage and
14 assistance details.
15 IX. “Group travel insurance” means travel insurance issued to any eligible group.
16 X. "Limited lines travel insurance producer" means a:
17 (a) Licensed managing general underwriter;
18 (b) Licensed managing general agent or third party administrator;
19 (c) Licensed insurance producer, including a limited lines producer; or
20 (d) Travel administrator.
21 XI. "Offer and disseminate" means providing general information, including a description of
22 the coverage and price, as well as processing the application, collecting premiums, and performing
23 other non-licensable activities permitted by the state.
24 XII. “Travel administrator” means a person who directly or indirectly underwrites, collects
25 charges, collateral, or premiums from, or adjusts or settles claims on residents of this state, in
26 connection with travel insurance, except that a person shall not be considered a travel administrator
27 if that person’s only actions are as follows:
28 (a) A person working for a travel administrator to the extent that the person’s activities
29 are subject to the supervision and control of the travel administrator.
30 (b) An insurance producer selling insurance or engaged in administrative and claims
31 related activities within the scope of the producer’s license.
32 (c) A travel retailer offering and disseminating travel insurance and registered under
33 the license of a limited lines travel insurance producer in accordance with this chapter.
34 (d) An individual adjusting or settling claims in the normal course of that individual’s
35 practice or employment as an attorney-at-law and who does not collect charges or premiums in
36 connection with insurance coverage.
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1 (e) A business entity that is affiliated with a licensed insurer while acting as a travel
2 administrator for the direct and assumed insurance business of an affiliated insurer.
3 XIII. “Travel assistance services” means non-insurance services for which the consumer is
4 not indemnified based on a fortuitous event, and if providing the service does not result in transfer
5 or shifting of risk that would constitute the business of insurance. Travel assistance services
6 include, but are not limited to: security advisories; destination information; vaccination and
7 immunization information services; travel reservation services; entertainment; activity and event
8 planning; translation assistance; emergency messaging; international legal and medical referrals;
9 medical case monitoring; coordination of transportation arrangements; emergency cash transfer
10 assistance; medical prescription replacement assistance; passport and travel document replacement
11 assistance; lost luggage assistance; concierge services; and any other service that is furnished in
12 connection with planned travel. Travel assistance services are not insurance and not related to
13 insurance.
14 XIV.(a) "Travel insurance" means insurance coverage for personal risks incident to planned
15 travel, including but not limited to:
16 (1) Interruption or cancellation of a trip or event;
17 (2) Loss of baggage or personal effects;
18 (3) Damages to accommodations or rental vehicles;
19 (4) Sickness, accident, disability, or death occurring during travel;
20 (5) Emergency evacuation;
21 (6) Repatriation of remains; or
22 (7) Any other contractual obligations to indemnify or pay a specified amount to the
23 traveler upon determinable contingencies related to travel as approved by the commissioner.
24 (b) Travel insurance shall not include major medical plans, which provide
25 comprehensive medical protection for travelers with trips lasting 12 months or longer, including
26 those persons working or residing overseas as an expatriate, or any other product that requires a
27 specific insurance producer license.
28 XV. “Travel protection plans” means plans that provide one or more of the following: travel
29 insurance, travel assistance services, and cancellation fee waivers.
30 XVI. "Travel retailer" means a business entity that makes, arranges, or offers planned
31 travel services and may offer and disseminate travel insurance as a service to its customers on
32 behalf of and under the direction of a limited lines travel insurance producer.
33 402-L:3 Requirements.
34 I. Pursuant to the provisions of RSA 402-J, the commissioner may issue to an individual or
35 business entity that has filed with the commissioner an application for such limited license, a limited
36 lines travel insurance producer license, which authorizes the limited lines travel insurance producer
37 to sell, solicit or negotiate travel insurance through a licensed insurer. No person shall act as a
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1 limited lines travel insurance producer or travel retailer unless properly licensed or registered,
2 respectively.
3 II.(a) A travel retailer may offer and disseminate travel insurance on behalf of and under a
4 limited lines travel insurance producer business entity license only if the following conditions are
5 met:
6 (1) The limited lines travel insurance producer or travel retailer provides to
7 purchasers of travel insurance:
8 (A) A description of the material terms or the actual material terms of the
9 insurance coverage;
10 (B) A description of the process for filing a claim;
11 (C) A description of the review or cancellation process for the travel insurance
12 policy; and
13 (D) The identity and contact information of the insurer and the limited lines
14 travel insurance producer.
15 (2) At the time of licensure, the limited lines travel insurance producer establishes
16 and maintains a register, on a form prescribed by the commissioner, listing each travel retailer that
17 offers travel insurance on the limited lines travel insurance producer's behalf. The register shall be
18 maintained and updated annually by the limited lines travel insurance producer and shall include
19 the name, address, and contact information of the travel retailer and an officer or person who directs
20 or controls the travel retailer's operations, and the travel retailer's federal tax identification number.
21 The limited lines travel insurance producer shall submit such register to the insurance department
22 upon request. The limited lines travel insurance producer shall also certify, upon request, that the
23 registered travel retailer complies with 18 U.S.C. section 1033. The grounds for the suspension,
24 revocation, and the penalties applicable to resident insurance producers under RSA 402 shall be
25 applicable to the limited lines travel insurance producers and travel retailers.
26 (3) The designated responsible producer, president, secretary, treasurer, and any
27 other officer or person who directs or controls the limited lines travel insurance producer's insurance
28 operations has complied with the fingerprinting requirements applicable to insurance producers in
29 the resident state of the limited lines travel insurance producer.
30 (4) The limited lines travel insurance producer has paid all applicable insurance
31 producer licensing fees.
32 (5) The limited lines travel insurance producer requires each employee and
33 authorized representative of the travel retailer whose duties include offering and disseminating
34 travel insurance to receive a program of instruction or training, which may be subject to review by
35 the commissioner. The training material shall, at a minimum, contain instructions on the types of
36 insurance offered, ethical sales practices, and required disclosures to prospective customers.
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1 (b) Limited lines travel insurance producers, and those registered under its license, are
2 exempt from all examination requirements.
3 III. Any travel retailer offering or disseminating travel insurance shall make available to
4 prospective purchasers, brochures or other written materials that have been approved by the travel
5 insurer. Such materials shall include information which, at a minimum:
6 (a) Provides the identity and contact information of the insurer and the limited lines
7 travel insurance producer;
8 (b) Explains that the purchase of travel insurance is not required in order to purchase
9 any other product or service from the travel retailer; and
10 (c) Explains that an unlic