Oregon Revised Statutes Chapter 744 § 744.104 — Travel

Travel insurance through travel retailers; direction by limited lines travel insurance producers; requirements and restrictions; designated employees. (1)(a) The Director of the Department of Consumer and Business Services may issue a limited lines travel insurance producer license to a person that has filed an application for a limited lines travel insurance producer license with the director in a form and manner that the director prescribes. A limited lines travel insurance producer must be licensed to solicit, offer, negotiate or sell travel insurance through a licensed insurer. (b) A person may not act as a limited lines travel producer unless licensed as a limited lines travel producer or as a travel retailer unless registered as a travel retailer. A person licensed as an insurance producer in the classes of casualty insurance or property insurance may solicit, negotiate and sell travel insurance without requiring an insurer’s appointment. (2) Notwithstanding the provisions of ORS 744.053, a travel retailer may offer and disseminate travel insurance on behalf of and at the direction of a limited lines travel insurance producer and may receive compensation for doing so. (3) A limited lines travel insurance producer may direct a travel retailer to offer and disseminate travel insurance under subsection (2) of this section only if: (a) The travel retailer or the limited lines travel insurance producer provides to purchasers of travel insurance: (A) The material terms or actual terms of the coverage that the travel insurance policy provides; (B) The process for filing a claim; (C) A description of the review and cancellation process for the travel insurance policy; and (D) The identity of and contact information for the limited lines travel insurance producer and the insurer; (b) The limited lines travel insurance producer, at the time of licensure and thereafter, establishes and maintains a register, in a form, that contains the following information for each travel retailer that offers and disseminates travel insurance at the direction of the limited lines travel insurance producer: (A) The name, address, contact information and federal tax identification number of the travel retailer; and (B) The name, address and contact information of an officer or person who directs or controls the operations of the travel retailer; (c) The limited lines travel insurance producer submits the register described in paragraph (b) of this subsection to the director within 30 days after a request by the director; (d) The limited lines travel insurance producer certifies that the travel retailer complies with 18 U.S.C. 1033; (e) The limited lines travel insurance producer designates an employee who is an insurance producer as responsible for ensuring the limited lines travel insurance producer’s compliance with the laws, rules and regulations of this state; (f) The employee designated in paragraph (e) of this subsection, as well as the president, secretary, treasurer and any other person who directs or controls the insurance operations of the limited lines travel insurance producer all comply with fingerprinting requirements established by the director; (g) The limited lines travel insurance producer does not owe any outstanding fees relating to insurance licensing; and (h) Each employee of the travel retailer whose duties include offering and disseminating travel insurance receives a program of instruction or training that contains instructions on the types of insurance offered, ethical sales practices, required disclosures to customers and any other content that the director may prescribe. (4) A travel retailer that offers and disseminates travel insurance shall make available to prospective purchasers brochures or other written materials that are approved by the insurer that issues the travel insurance and that, at a minimum: (a) Provide the identity and contact information of the insurer and the limited lines travel insurance producer; (b) Explain that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and (c) Explain that a travel retailer that is not a limited lines travel insurance producer may not answer technical questions about the terms and conditions of the travel insurance the travel retailer offers and may not evaluate the adequacy of a prospective purchaser’s existing insurance coverage, but may provide only general information about the insurance that the travel retailer offers, including a description of the coverage and the price. (5) An employee or authorized representative of a travel retailer that is not a limited lines travel insurance producer may not: (a) Evaluate or interpret the technical terms, benefits or conditions of travel insurance the travel retailer offers; (b) Evaluate or provide advice concerning a prospective purchaser’s existing insurance cov