§1355. Sales practices
A. All persons involved in offering, soliciting, or negotiating travel insurance to
residents of this state shall be subject to the unfair trade practices provisions of Chapter 7 of
this Title, R.S. 22:1901 et seq., except as otherwise provided in this Section.
B. It shall not be an unfair trade practice to include blanket travel insurance coverage
with the purchase of a trip, provided the coverage is not marketed as free.
C. Travel insurance policies or certificates that contain pre-existing condition
exclusions shall clearly disclose the exclusion in the coverage's fulfillment materials.
D. Policyholders or certificate holders shall have a minimum of ten days from the
date of purchase to review and cancel the policy or certificate for a full refund of the travel
protection plan price, unless the insured has either started the covered trip or has filed a claim
under the travel insurance coverage.
E. The travel insurance policy shall disclose in the policy fulfillment materials
whether the travel insurance is primary or secondary to other applicable coverage. Travel
insurance is not subject to coordination of benefits for health insurance coverage.
F. Where travel insurance is marketed directly to a consumer through an insurer's
website or by others through an aggregator site, it shall not be an unfair trade practice or
other violation of law when an accurate summary or short description of coverage is provided
on the web page, as long as the consumer has access to the full provisions through electronic
means.
G. Unless otherwise permitted by state or federal law, no person offering travel
insurance or travel protection plans on an individual or group basis may do so using negative
option or opt-out, which would require a consumer to take an affirmative action such as
unchecking a box on an electronic form when he purchases a trip to deselect coverage.
Acts 2017, No. 225, §1, eff. Jan. 1, 2018.
§1355. Redesignated as R.S. 22:2195 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.