Neb. Rev. Stat. §§ 44-9303

Current with changes through the 2024 First Special Legislative Session

Section 44-9303 - Terms, defined

For purposes of the Travel Insurance Act, unless the context otherwise requires:

(1) Aggregator site means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping;

(2) 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;

(3) 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. A cancellation fee waiver is not insurance;

(4) Department means the Department of Insurance;

(5) Director means the Director of Insurance;

(6) Eligible group means two or more persons who are engaged in a common enterprise or have an economic, educational, or social affinity or relationship, including, but not limited to:

(a)

(i) Any entity engaged in the business of providing travel services, including, but not limited to, a tour operator, a lodging provider, a vacation property owner, a hotel, a resort, a travel club, a travel agency, a property manager, a cultural exchange program, and a common carrier, or

(ii) the operator, owner, or lessor of a means of transportation of passengers, including, but not limited to, any airline, cruise line, railroad, steamship company, or public bus company, so long as, within the particular mode of travel, all members or customers of the group have a common exposure to risk attendant to such travel;

(b) Any college, school, or other institution of learning covering students, teachers, employees, or volunteers;

(c) Any employer covering any group of employees, volunteers, contractors, board of directors, dependents, or guests;

(d) Any sports team or camp, or any sponsor of a sports team or camp, covering participants, members, campers, employees, officials, supervisors, or volunteers;

(e) Any religious, charitable, recreational, educational, or civic organization, or any branch thereof, covering any group of members, participants, or volunteers;

(f) 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;

(g) Any incorporated or unincorporated association, including a labor union, 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;

(h) Any trust or the trustees of a fund established, created, or maintained for the benefit of covering members, employees, or customers, subject to the approval of the use of such trust by the director and the requirements of the premium tax provisions in section 44-9305, in one or more associations described in subdivision (6)(g) of this section;

(i) Any entertainment production company covering any group of participants, audience members, contestants, employees, or volunteers;

(j) Any volunteer fire department or ambulance, rescue, first-aid, police, court, civil defense, or other similar volunteer group;

(k) Any preschool, daycare institution for children or adults, or senior citizen club;

(l) 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 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 subdivision applies; or

(m) Any other group if the director has determined that 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;

(7) 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;

(8) Group travel insurance means travel insurance issued to any eligible group;

(9) Limited lines travel insurance producer means a:

(a) Licensed managing general agent or third-party administrator;

(b) Licensed insurance producer, including a limited lines insurance producer; or

(c) Travel administrator;

(10) Offer and disseminate means providing general information, including a description of the coverage and price, as well as processing the application and collecting premiums;

(11) Primary certificate holder means an individual person who elects and purchases travel insurance under a group travel insurance policy;

(12) Primary policyholder means an individual person who elects and purchases individual travel insurance;

(13) 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. A person shall not be considered a travel administrator if such person's only actions that would otherwise cause such person to be considered a travel administrator include:

(a) A person working for a travel administrator and such person's activities are subject to the supervision and control of the travel administrator;

(b) An insurance producer selling insurance or engaged in administrative and claims-related activities within the scope of the producer's license;

(c) A registered travel retailer offering and disseminating travel insurance under the license of a limited lines travel insurance producer in accordance with the Travel Insurance Act;

(d) A person adjusting or settling claims in the normal course of that person's practice or employment as an attorney and such person does not collect charges or premiums in connection with insurance coverage; or

(e) A business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer;

(14) Travel assistance services means noninsurance services for which the consumer is not indemnified based on a fortuitous event and if providing the service does not result in transfer or shifting of risk that would constitute the business of insurance. Travel assistance services are not insurance and not related to insurance. Travel assistance services includes, but is not limited to:

(a) Security advisories, destination information, and vaccination and immunization information services;

(b) Travel reservation services;

(c) Entertainment, activity, and event planning;

(d) Translation assistance services;

(e) Emergency messaging services;

(f) International legal and medical referral services;

(g) Medical case monitoring services;

(h) Transportation arrangement and coordination services;

(i) Emergency cash transfer assistance services;

(j) Medical prescription replacement assistance services;

(k) Passport and travel document replacement assistance services;

(l) Lost luggage assistance services;

(m) Concierge services; and

(n) Any other service that is furnished in connection with planned travel;

(15)

(a) Travel insurance means insurance coverage for personal risks incident to planned travel, including: Interruption or cancellation of a trip or event; loss of baggage or personal effects; damages to accommodations or rental vehicles; sickness, accident, disability, or death occurring during travel; emergency evacuation; repatriation of remains; or any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the director.

(b) Travel insurance does not include a major medical plan that provides comprehensive medical protection for travelers with trips lasting longer than six months, including those working or residing overseas as an expatriate, or any other product that requires a specific insurance producer license;

(16) Travel protection plan means a plan that provides travel insurance, travel assistance services, cancellation fee waivers, or any combination thereof; and

(17) Travel retailer means a business entity that makes, arranges, or offers planned travel and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer.

Neb. Rev. Stat. §§ 44-9303

Laws 2022, LB 863, § 3.

Added by Laws 2022, LB 863,§ 3, eff. 1/1/2023.