Section 3452. Group property travel insurance policies


Latest version.
  • (a)(1) A group
      property travel insurance policy, and certificates  thereunder,  may  be
      issued or delivered in this state only in accordance with the provisions
      of this section.
        (2)  A  group  property  travel  insurance  policy,  and  certificates
      thereunder, may be issued only by an authorized insurer.
        (3) The policy may be issued to:
        (A) any railroad company, steamship company, carrier  by  air,  public
      bus  carrier,  or  other  common  carrier  of passengers, which shall be
      deemed the policyholder, where the policy insures its passengers; or
        (B) any other group where  the  superintendent  has  determined  in  a
      regulation  that the members are engaged in a common enterprise, or have
      an economic or social affinity or relationship, and that the issuance of
      the policy would not be contrary to the best interests of the public.
        (4) The policy  may  provide  coverage  for  trip  cancellation,  trip
      interruption,  baggage,  and personal effects when limited to a specific
      trip. The  policy  shall  be  sold  in  connection  with  transportation
      provided  by  the  common  carrier  or,  with respect to other groups as
      permitted by the superintendent in accordance with subparagraph  (B)  of
      paragraph three of this subsection, subject to such limitations provided
      in the regulation promulgated by the superintendent.
        (5)  Coverage  under the policy shall be limited to the group member's
      risks with respect to a particular trip.
        (6) A person shall not be required to purchase any product or  service
      to be eligible for group property travel insurance coverage, or required
      to  purchase  coverage as a condition of becoming a passenger or a group
      member.
        (b) An insurer shall treat in a like manner all eligible group members
      of the same class.
        (c) A group travel insurance policy or certificate issued  thereunder,
      shall  not be subject to section three thousand four hundred twenty-five
      or section three thousand four hundred twenty-six of this  article.  The
      following   requirements   shall  apply  with  regard  to  cancellation,
      nonrenewal, or conditional renewal of coverage:
        (1) Unless the group policy provides for a longer policy  period,  the
      policy shall be issued or renewed for a one-year policy period.
        (2)  An  insurer  may  cancel  a group policy, only if cancellation is
      based upon one or more of the reasons set  forth  in  paragraph  one  of
      subsection (c) of section three thousand four hundred twenty-six of this
      article,  provided,  however,  that an act or omission by a group member
      shall not constitute the basis for cancellation of the policy.
        (3) An insurer's cancellation, nonrenewal, or conditional renewal of a
      group policy shall not become effective until at least sixty days  after
      the  insurer  mails  or  delivers  written  notice  of the cancellation,
      nonrenewal, or conditional renewal to  the  group  policyholder  at  the
      mailing  address  shown in the policy. For purposes of this section, the
      term "conditional renewal" shall mean a renewal that is conditioned upon
      change of limits, change in type of coverage, reduction  or  elimination
      of  coverage,  increased  deductible  or  addition  of  exclusion, or an
      increase in premiums in excess of ten percent per group member.
        (4) Every notice of cancellation, nonrenewal, or  conditional  renewal
      shall  set  forth  the  specific  reason  or  reasons  for cancellation,
      nonrenewal, or conditional renewal.
        (5) A group policyholder may cancel the group policy  for  any  reason
      upon thirty days written notice to the insurer.
        (6)  Any  certificate  in  effect  when the group policy is cancelled,
      nonrenewed or otherwise terminated shall continue to be  in  effect  for
      the period of coverage specified in the certificate.
    
        (7)  (A)  An  insurer  may  terminate  a certificate upon fifteen days
      notice for:
        (i) nonpayment of premium; or
        (ii) discovery of fraud or material misrepresentation in obtaining the
      certificate or in the presentation of a claim thereunder.
        (B) The coverage shall terminate as provided in the certificate, which
      shall in no event be later than the conclusion of the trip.
        (d)  The superintendent may promulgate regulations pertaining to group
      property travel insurance, including regulations regarding: payments  of
      dividends  or retrospective premium refunds; minimum provisions; minimum
      number of group members; and other reasonable limitations.