CHAPTER
Ins 4700 Travel Insurance
Statutory
Authority: RSA 400-A:15, I.
Part Ins 4701 Blanket
Accident and Health Travel Insurance
Ins
4701.01 Purpose. The purpose of this part is to implement the
provisions of RSA 415:18, I-a. (e) to standardize and simplify the terms and
provisions of blanket accident and health travel insurance policies covering
unforeseen accidental death and dismemberment, and any financial loss incurred
for medical and dental care while on a planned trip away from an individual's
home or place of work not exceeding 12 months in duration, and to establish
standards for the commissioner’s approval of forms and rates under RSA 415:1
and RSA 415-A.
Source.
#10681, eff 11-3-14
Ins 4701.02 Applicability and Scope.
(a)
This part shall apply to all blanket accident and health travel
insurance policies delivered or issued for delivery in this state on or after
the effective date of this part. Blanket
accident and health travel insurance policies that meet the provisions of this
part shall not be regulated as major medical coverage as set forth under RSA 420-G.
(b)
Blanket accident and health travel insurance policies issued under Ins
4701 may be written independently or in combination with personal inland marine
travel insurance coverage.
(c)
When a blanket accident and health
travel insurance policy is written in combination with personal inland marine
travel insurance coverage:
(1) A separate property and casualty filing shall
be required for review and approval of the personal inland marine travel
insurance coverage;
(2) The property and casualty provisions of the
policy shall meet the requirements of Ins 4703; and
(3) The accident and health provisions of the
policy shall meet the requirements of Ins 4701.
Source.
#10681, eff 11-3-14
Ins 4701.03 Definitions. For the purposes of blanket accident and
health travel insurance policies:
(a) “Accident” means any
unforeseen or unplanned event or circumstance that results in injury and
associated financial loss. The term
includes “accidental;”
(b)
"Blanket accident and health travel insurance" means coverage
providing for a loss incurred incidental to planned travel away from home or
business, not exceeding 12 months in duration, for either or both accidental
loss of life, limb, and financial loss for medical care or treatment. Blanket accident and health travel insurance
does not include personal inland marine travel insurance coverage except as
permitted in Ins 4701.02(c);
(c) “Covered person” means an individual that is
covered under a blanket accident and health travel insurance policy. The term includes “covered individual;”
(d)
“Description of coverage” means a document that provides a brief
description of the insurance coverage available under the policy and is issued
to individual members of a group or organization that are covered under a
blanket accident and health travel insurance policy. The term includes “certificate of coverage;”
(e)
"Emergency" means health care or dental services that are
provided to a covered individual after the sudden onset of a medical condition
that manifests itself by symptoms of sufficient severity that the absence of
immediate medical attention could be expected to result in any of the
following:
(1) Serious jeopardy to the patient's health;
(2) Serious impairment to bodily functions; or
(3) Serious dysfunction of any bodily organ or
part;
(f) “Personal inland marine travel
insurance” means coverage for financial loss due to trip cancellation or trip interruption,
property damage in connection with such planned travel, or other similar
financial loss that occurs incidental to planned travel away from home or
business;
(g)
“Policyholder” means the employer, travel agency or other group as
described in RSA 415:18,I-a. in whose name the policy is issued and held; and
(h) "Sickness" means any affliction of
the body which deprives it temporarily of the power to fulfill its usual
functions.
Source.
#10681, eff 11-3-14
Ins 4701.04 Filing Requirements. No policy or certificate of coverage or
description of coverage of blanket accident and health travel insurance shall
be issued or delivered to any person or entity in this state, nor shall any
application, rider or endorsement be used in connection therewith, until a copy
of the policy form, description of coverage form, and premium rates have been
filed with and approved by the commissioner pursuant to the provisions of RSA
415:1.
Source.
#10681, eff 11-3-14
Ins 4701.05 Coverage Filing Requirements.
(a)
Blanket accident and health travel insurance benefits shall be payable
in connection with a covered trip, involving travel away from a covered
individual's home or place of business for a specified time.
(b)
Coverage may be issued to cover:
(1) Domestic travel;
(2) Foreign travel; or
(3) Space travel.
(c)
Blanket accident and health travel insurance benefits shall:
(1) Provide trip-based coverage;
(2) Not constitute health coverage under RSA
420-G:2, IX.;
(3) Not be considered creditable coverage under
RSA 420-G:2, III.;
(4) Not be reduced or modified based on receipt
of any other income or any other benefits;
(5) Not be reduced or modified based on receipt
of any insurance coverage under the blanket accident and health travel
insurance policy or any other insurance policy;
(6) Provide for a pro rata refund of unearned
premium upon cancellation of the policy; and
(7) Provide primary coverage for all benefits
payable under the policy.
(d)
Blanket travel health insurance benefits may:
(1) Provide coverage for medical or dental
expenses incurred while on a trip;
(2) Require preauthorization;
(3) Provide for insurer referrals to local
healthcare providers upon the request of the insured;
(4) Be indemnity or expense based coverage; or
(5) Provide coverage, as set forth in the policy,
for dependents or travel companions for claims incurred by them while on a
covered trip.
(e)
The duration of the policy coverage shall not exceed the end of the
scheduled period of a covered trip for any covered person, unless:
(1) Arrival at the covered individual’s final
destination occurs before the scheduled trip end date, in which case the
coverage period may end at the time the individual arrives at the final
destination; or
(2) Arrival at the covered individual’s final
destination is delayed for a covered reason, in which case the coverage period
may be extended until the individual arrives at the final destination.
Source.
#10681, eff 11-3-14
Ins 4701.06 Minimum Benefit Requirements. Any benefit included under a blanket accident
and health travel insurance policy shall meet the following applicable minimum
coverage requirement standards:
(a)
Accidental death benefits with a minimum death loss benefit of $10,000;
(b)
Dismemberment benefits with a minimum dismemberment benefit for each
loss of $500;
(c)
Medical expense benefits with a minimum benefit of $10,000 per
occurrence;
(d) Hospital confinement medical
indemnity coverage with a minimum benefit of $100 per occurrence, per day for
not less than 31 days;
(e)
Non-hospital medical indemnity coverage with a minimum benefit of $25
per occurrence; and
(f)
Dental expense or dental indemnity coverage with a minimum benefit of
$25 per occurrence.
Source.
#10681, eff 11-3-14
Ins 4701.07 Prohibited Policy Provisions, Exclusions
and Limitations.
(a) A blanket accident and health travel
insurance policy shall not contain provisions that:
(1) Guarantee policy renewal;
(2) Provide coverage for a trip that exceeds 12
months;
(3) Apply preexisting condition exclusions or
limitations;
(4) Charge deductibles or co-pays;
(5) Provide that the coverage under the policy
shall be excess coverage;
(6) Contain coordination of benefits language;
(7) Require a waiting or probationary period for
coverage;
(8) Charge a penalty or administrative fee for
trip cancellation or early termination by the policyholder, its affiliates, or
the covered individual;
(9) Retain
unearned premium payments when a trip is cancelled or terminated by the
policyholder, or its affiliates;
(10) Exclude recreational activities associated
with travel and vacationing, except for high-risk sports or activities as set
forth in (b)(4);
(11) Use words such as “violent,” “external,”
“visible wounds" or similar words of description or characterization to
describe accidental injury or accidental means and to limit coverage; or
(12) Define sickness to be more restrictive than
the definition of sickness in this part; or
(13) Reduce coverage based on the age of the
insured.
(b) Blanket accident and health travel insurance
coverage written under this part shall not limit or exclude coverage except
where arising out of or related to any of the following:
(1) Mental
illness;
(2) Operating a motor vehicle while intoxicated;
(3)
Illness, treatment or medical condition arising out of:
a. War or
act of war whether declared or undeclared, participation in a felony, riot or
insurrections, or service in the armed forces or units auxiliary to it;
b. Suicide,
attempted suicide, or intentionally self-inflicted injury whether the insured
is sane or insane; or
c. Aviation,
except as a fare-paying passenger;
(4) Participation in high-risk sports or activities including
technical rock climbing, professional sports, aerial acrobatic sports,
skydiving, caving, scuba diving at depth greater than 100 feet, or other
extreme sports or activities;
(5)
Financial loss for planned medical, dental, or cosmetic care or
treatment when the purpose of the
trip is to receive such medical, dental, or cosmetic care or treatment;
(6) Travel
to or through a country that is, at the time of insurance purchase, under or
subject to travel warning, advisory, or
restriction issued by the United States Department of State, where the loss is
directly or indirectly related to the conditions that caused the travel
warning, advisory, or restriction to be issued; or
(7) A
circumstance where the issuance of coverage or provision of payment of benefits
would violate any applicable law, including without limitation to any United
States economic or trade sanctions.
Source.
#10681, eff 11-3-14
Ins 4701.08 Disclosures.
(a)
A statement shall be provided to an insured in prominent type in
pre-purchase materials that clearly states that the coverage offered is for
travel benefits only and that it is important for the insured to read the
description of coverage carefully.
(b)
All applications for blanket travel health insurance shall contain a
prominent statement by type, stamp, or other appropriate means in either
contrasting color or in boldface type at least equal to the size type used for
the headings or captions of sections of the applications and in close
conjunction with the applicant's signature block on the application which
states:
“The coverage provided by this insurance is
for travel expenses only. Review your
Description of Coverage carefully.”
(c) All blanket accident and health
travel insurance policies and certificates of coverage or descriptions of
coverage that provide coverage of unexpected and emergency medical or dental
care shall display prominently by type, stamp, or other appropriate means on
the first page of the description of coverage, in either contrasting color or
in boldface type at least equal to the size type used for headings or captions
of sections in the description of coverage, the following statement:
“Notice
to Buyer: This insurance provides travel coverage only and is a limited benefit
for unexpected emergency medical or dental care. Where the purpose of your travel is to
receive medical, dental, or cosmetic care, coverage for that specific treatment
is not provided.”
Source.
#10681, eff 11-3-14; amd by #12686, eff 12-3-18
Ins 4701.09 Description of Coverage. A certificate of coverage or description of
coverage form shall be provided to all covered persons containing the following
information:
(a) A heading included at the top of the
certificate or description that contains the company name and the following
text:
“[COMPANY NAME]
BLANKET TRAVEL HEALTH INSURANCE COVERAGE
Description of Coverage/Certificate of
Coverage”
(b) The statement: “It is important that you
understand the provisions and exclusions that are included in your blanket
travel health coverage policy;”
(c)
A specific description of all the benefits contained in the policy and
the benefit amounts for all coverage provided;
(d)
A specific description of any policy provisions that exclude, eliminate,
restrict, reduce, limit, delay, or in any other manner operate to qualify
payment of the benefits contained in the policy; and
(e)
The company claim contact information, the name and address of the
insurance company, and a toll-free telephone number which shall be prominently
displayed.
Source.
#10681, eff 11-3-14
Ins 4701.10 Claim Settlement. Blanket accident and health travel insurance
claims shall be subject to Ins 1001 on claim settlements.
Source.
#10681, eff 11-3-14
Ins 4701.11 Advertisements of Insurance. Blanket travel health insurance shall be
subject to the advertising provisions of Ins 2601.
Source.
#10681, eff 11-3-14
PART Ins
4702 Individual
Accident and Health Travel Insurance
Ins 4702.01 Purpose. The purpose of this part is to implement the
provisions of RSA 415:6 to standardize and simplify the terms and provisions of
individual accident and health travel insurance policies covering unforeseen
accidental death and dismemberment, and financial loss incurred for medical and
dental care while on a planned trip away from an individual's home or place of
work not exceeding 12 months in duration, and to establish standards for the
commissioner’s approval of forms and rates under RSA 415:1.
Source.
#10681, eff 11-3-14
Ins 4702.02 Applicability and Scope.
(a)
This part shall apply to all individual accident and health travel
insurance policies delivered or issued for delivery in this state on or after
the effective date of this part.
Individual accident and health travel insurance policies that meet the
provisions of this part shall not be regulated as major medical coverage as set
forth under RSA 420-G.
(b)
Individual accident and health travel insurance policies issued under
Ins 4702 may be written independently or in combination with personal inland
marine travel insurance coverage.
(c)
When an individual accident and health travel insurance policy is
written in combination with personal inland marine travel insurance coverage:
(1) A separate property and casualty filing shall
be required for review and approval of the personal inland marine travel
insurance coverage;
(2) The property and casualty provisions of the
policy shall meet the requirements of Ins 4703; and
(3) The accident and health provisions of the
policy shall meet the requirements of Ins 4702.
Source.
#10681, eff 11-3-14
Ins 4702.03 Definitions. For the purposes of this part:
(a) “Accident" means any
unforeseen or unplanned event or circumstance that results in injury and
associated financial loss. The term includes “accidental;”
(b) “Covered person” means an individual that is
covered under an individual accident and health travel insurance policy. The term includes “covered individual;”
(c) “Description of coverage” means a document
that provides a brief description of the insurance coverage available under the
policy and is issued to an individual covered under an individual accident and
health travel insurance policy;
(d)
"Emergency" means health care or dental services that are
provided to a covered individual after the sudden onset of a medical condition
that manifests itself by symptoms of sufficient severity that the absence of
immediate medical attention could be expected to result in any of the
following:
(1) Serious jeopardy to the patient's health;
(2) Serious impairment to bodily functions; or
(3) Serious dysfunction of any bodily organ or
part;
(e)
"Individual accident and
health travel insurance" means coverage providing for a loss incurred
incidental to planned travel away from home or business, not exceeding 12
months in duration, for either or both accidental loss of life and limb, and
financial loss for medical care or dental treatment. Individual accident and health travel
insurance does not include personal inland marine travel insurance coverage
except as permitted in this part;
(f) “Personal inland marine travel insurance”
means coverage for financial loss due to trip cancellation or trip
interruption, property damage in connection with such planned travel, or other
similar financial loss that occurs incidental to planned travel away from home
or business;
(g) “Policyholder” means the individual in whose
name the policy is issued and held; and
(h) "Sickness" means any affliction of
the body which deprives it temporarily of the power to fulfill its usual
functions.
Source.
#10681, eff 11-3-14
Ins 4702.04 Filing Requirements. No policy of individual accident and health
travel insurance shall be issued or delivered to any person or entity in this
state, nor shall any application, rider or endorsement be used in connection
therewith until a copy of the policy form, description of coverage form and
premium rates, have been filed with and approved by the commissioner pursuant
to the provisions of RSA 415:1.
Source.
#10681, eff 11-3-14
Ins 4702.05 Coverage Filing Requirements.
(a)
Individual accident and health travel insurance benefits shall be
payable in connection with a covered trip, involving travel away from a covered
individual's home or place of business for a specified time.
(b)
Coverage may be issued to cover:
(1) Domestic travel;
(2) Foreign travel; or
(3) Space travel.
(c)
Individual accident and health travel insurance benefits shall:
(1) Provide trip-based coverage;
(2) Not constitute health coverage under RSA
420-G:2, IX.;
(3) Not be considered creditable coverage under
RSA 420-G:2, III.;
(4) Not be reduced or modified based on receipt
of any other income or any other benefits;
(5) Not be reduced or modified based on receipt
of any insurance coverage under the individual accident and health travel
insurance policy or any other insurance policy;
(6) Provide for a pro rata refund of unearned
premium upon cancellation of the policy; and
(7) Provide primary coverage for all benefits
payable under the policy.
(e)
Individual accident and health travel insurance benefits may:
(1) Provide coverage for medical or dental
expenses incurred while on a trip;
(2) Require preauthorization;
(3) Provide for insurer referrals to local
healthcare providers upon the request of the insured;
(4) Be indemnity or expense based coverage; or
(5) Provide coverage, as set forth in the policy,
for dependents or travel companions for claims incurred by them while on a
covered trip.
(f)
The duration of the policy coverage shall not exceed the end of the
scheduled period of a covered trip for any covered person unless:
(1) Arrival at the covered individual’s final
destination occurs before the scheduled trip end date, in which case the
coverage period may end at the time the individual arrives at the final
destination; or
(2) Arrival at the covered individual’s final
destination is delayed for a covered reason, in which case the coverage period
may be extended until the individual arrives at the final destination.
Source.
#10681, eff 11-3-14
Ins
4702.06 Minimum Benefit Requirements. Any benefit included under an individual
accident and health travel insurance policy shall meet the following applicable
minimum coverage requirement standards:
(a)
Accidental death benefits with a minimum death loss benefit of $10,000;
(b) Dismemberment benefits with a minimum
disbursement benefit for each loss of $500;
(c)
Medical expense benefits with a minimum benefit of $10,000 per
occurrence;
(d) Hospital confinement medical
indemnity coverage with a minimum benefit of $100 per occurrence, per day for
no less than 31 days;
(e)
Non-hospital medical indemnity coverage with a minimum benefit of $25
per occurrence; and
(f)
Dental expense or dental indemnity coverage with a minimum benefit of
$25 per occurrence.
Source.
#10681, eff 11-3-14
Ins 4702.07 Prohibited Policy Provisions, Exclusions
and Limitations.
(a)
An individual accident and health travel insurance policy shall not
contain provisions that:
(1) Guarantee policy renewal;
(2) Provide coverage for a trip that exceeds 12 months
except as provided in this part;
(3) Apply preexisting condition exclusions or
limitations;
(4) Charge deductibles or co-pays;
(5) Provide that coverage under the policy shall
be excess coverage;
(6) Contain coordination of benefit language;
(7) Require a waiting or probationary period for
coverage;
(8) Charge a penalty or administrative fee for
trip cancellation or early termination by the policyholder, its affiliates, or
the covered individual;
(9) Exclude recreational activities associated
with travel and vacationing, except for high-risk sports or activities as set
forth in Ins 4702.07 (b)(4);
(10) Use words such as "violent,"
“external,” "visible wounds" or similar words of description or
characterization to describe accidental injury or accidental means and to limit
coverage; or
(11) Define sickness to be more restrictive
than the definition of sickness in this part; or
(12) Reduce coverage based on the age of the
insured.
(b) An individual accident and health insurance
travel policy that includes health insurance shall not limit or exclude
coverage except when arising out of or related to any of the following:
(1) Mental illness;
(2) Operating a motor vehicle while intoxicated;
(3) Illness, treatment or medical condition arising out of:
a. War or
act of war whether declared or undeclared, participation in a felony, riot or
insurrections, service in the armed forces or units auxiliary to it;
b. Suicide,
attempted suicide or intentionally self-inflicted injury, whether the insured
is sane or insane; or
c. Aviation,
except as a fare-paying passenger;
(4)
Participation in high-risk sports or activities, including technical
rock climbing, professional sports, aerial acrobatic
sports, skydiving, caving, scuba diving at depth greater than 100 feet, or
other extreme sports or activities;
(5) Financial loss for planned medical, dental, or cosmetic
care or treatment when the purpose of the trip is to receive such medical,
dental, or cosmetic care or treatment;
(6) Travel
to or through a country that is, at the time of insurance purchase, under or
subject to a travel warning, advisory, or restriction issued by the United
States Department of State where the loss is directly or
indirectly related to the conditions that caused the travel warning, advisory,
or restriction to be issued; or
(7) A circumstance where the issuance of coverage or provision of
payment of benefits would violate any applicable law, including without
limitation any
Source.
#10681, eff 11-3-14
Ins 4702.08 Disclosures.
(a)
A statement shall be provided to an insured in prominent type in
pre-purchase materials that clearly states that the coverage offered is for
travel benefits only and that it is important for the insured to read the
description of coverage carefully.
(b)
All applications for individual accident and health travel insurance
shall contain a prominent statement by type, stamp, or other appropriate means
in either contrasting color or in boldface type at least equal to the size type
used for the headings or captions of sections of the applications and in close
conjunction with the applicant's signature block on the application, which
states:
“The
coverage provided by this insurance is for travel benefits only. Review your Description of Coverage
carefully.”
(c) All
individual accident and health travel insurance policies and descriptions of
coverage that provide coverage of unexpected and emergency medical or dental
care shall display prominently by type, stamp, or other appropriate means on
the first page of the description of coverage, in either contrasting color or
in boldface type at least equal to the size type used for headings or captions
of sections in the description of coverage, the following statement:
“Notice
to Buyer: This insurance provides travel coverage only and is a limited benefit
for unexpected emergency medical or dental care. Where the purpose of your travel is to receive
medical, dental, or cosmetic care, coverage for that specific treatment is not
provided.”
Source.
#10681, eff 11-3-14; amd by #12686, eff 12-3-18
Ins 4702.09 Description of Coverage. A description of coverage form shall be
provided to all covered persons containing the following information:
(a)
A heading at the top of the certificate containing the company name and
the following text:
“[COMPANY NAME]
TRAVEL INSURANCE COVERAGE
Description of Coverage”
(b) The statement: “It is important that the insured understands
the provisions and exclusions included within the individual accident and health
travel insurance policy;”
(c) A specific description of all the benefits
contained in the policy and the benefit amounts for all coverage provided;
(d) A specific description of any policy
provisions that exclude, eliminate, restrict, reduce, limit, delay, or in any
other manner operate to qualify payment of the benefits contained in the
policy; and
(e) The company claim contact information, the
name and address of the company, and a toll-free telephone number which shall
be prominently displayed.
Source.
#10681, eff 11-3-14
Ins 4702.10 Claim Settlement. Individual accident and health travel insurance
claims shall be subject to Ins 1001 on claim settlements.
Source.
#10681, eff 11-3-14
Ins 4702.11 Advertisements of Insurance. Individual accident and health travel
insurance shall be subject to the advertising provisions of Ins 2601.
Source. #10681, eff 11-3-14
Part Ins 4703
PERSONAL INLAND MARINE TRAVEL INSURANCE
Ins 4703.01 Purpose. The purpose of this part is to implement the
provisions of RSA 412:2 to standardize and simplify the terms and provisions of
blanket, group, or individual personal inland marine travel insurance policies
covering personal risks incidental to planned travel not exceeding 12 months in
duration, and to establish standards for the commissioner's approval of forms
and rates under RSA 412:5, 412:15, 412:16, and 412:19 or other provisions of
Title XXXVII governing forms and rates.
Source.
#10681, eff 11-3-14
Ins 4703.02 Applicability and Scope.
(a)
This part shall apply to all blanket, group or individual inland marine
travel insurance policies delivered or issued for delivery in this state on or
after the effective date of this part.
(b)
Except as specifically set forth in this part inland marine travel
insurance, as defined in Ins 4703.03 (d), shall constitute a line of personal
inland marine insurance and shall be filed and regulated as such.
(c)
An inland marine travel insurance policy may include coverage for
accidental death and dismemberment and emergency medical and dental care if
this coverage does not exceed the limits set forth in Ins 4703.06 (d).
(d)
When an inland marine travel insurance policy includes coverage for
accidental death and dismemberment and emergency medical and dental care that
does not exceed the limits of Ins 4703.06 (d), no separate accident and health
filing shall be required and such coverage:
(1) Shall be treated as short-term or incidental
coverage to property and casualty coverages; and
(2) Shall not be subject to RSA 415, RSA 415-A,
or RSA 420-G.
(e)
When an inland marine travel insurance policy is written in combination
with coverage for accidental death and dismemberment and emergency medical and
dental care coverage that exceeds the limits set forth in Ins 4703.06 (d), the
insurer shall file a separate accident and health filing meeting the
requirements of either Ins 4701 or Ins 4702.
Source.
#10681, eff 11-3-14
Ins 4703.03 Definitions. For the purposes of this part:
(a)
"Covered person" means an individual that is covered under an
inland marine travel insurance policy.
The term includes "covered individual;"
(b)
"Description of coverage" means a document that provides a
brief description of the insurance coverage available under the policy and is
issued to an individual policyholder or members of a group or organization that
are covered under a blanket or group personal inland marine travel insurance
policy. The term includes
"certificate of coverage;"
(c)
"Emergency" means health care or dental services that are
provided to a covered individual after the sudden onset of a medical condition
that manifests itself by symptoms of sufficient severity that the absence of
immediate medical attention could be expected to result in any of the
following:
(1) Serious jeopardy to the patient's health;
(2) Serious impairment to bodily functions; or
(3) Serious dysfunction of any bodily organ or
part;
(d)
"Personal inland marine travel insurance" means coverage for
personal loss that occurs incidental to planned travel away from home or
business as described in this part. The
term includes "inland marine travel insurance;" and
(e)
"Policyholder" means the individual or the employer, travel
agency or other group in whose name the policy is issued and held.
Source.
#10681, eff 11-3-14
Ins 4703.04 Filing Requirements. No policy or description of coverage form of
travel insurance shall be issued or delivered to any person or entity in this
state, nor shall any application, rider or endorsement be used in connection
therewith until a copy of the policy forms, description of coverage form, and
premium rates have been filed with and approved by the commissioner pursuant to
RSA 412.
Source.
#10681, eff 11-3-14
Ins 4703.05 Coverage Filing Requirements.
(a)
Inland marine travel insurance benefits shall be payable in connection
with a covered trip, involving:
(1) Travel away from a covered individual’s home for a specified time; or
(2) Travel away from a covered individual’s place of business for a specified
time.
(b) Coverage may be issued to cover:
(1) Domestic travel;
(2) Foreign travel; or
(3) Space travel.
(c)
The duration of the policy coverage shall not exceed the end of the
scheduled period of a covered trip as provided during the individual’s
insurance application process, including any revisions to such period prior to
the date of departure unless:
(1) Arrival at the covered individual's final
destination occurs before the scheduled trip end date, in which case the
coverage period may end at the time the individual arrives at his or her final
destination; or
(2) Arrival at the covered individual’s final
destination is delayed for a covered reason, in which case the coverage period
may be extended until the individual arrives at the final destination; and
(d)
The policy may be issued based upon the duration of the trip or may be
issued on a monthly or annual basis, so long as coverage is only applicable to
losses occurring on a covered trip.
(e)
Coverage for dependents or travel companions shall be allowed so long as
the coverage is defined and covers only individuals traveling on a covered
trip.
(f) Inland marine travel insurance benefits may
provide coverage for any or all of the following:
(1) Interruption, delay or cancellation of trip
or event;
(2) Loss or delay of baggage or personal effects
incidental to planned travel;
(3) Incidental emergency medical or dental
expenses incurred while on a covered trip;
(4) Accidental loss of life or limb incurred
while on a covered trip; or
(5) Other travel related expenses.
(g)
Inland marine travel insurance may be indemnity or expense based
coverage.
(h) Indemnity insurance within an inland marine
travel insurance policy shall not be reduced or modified based on other
coverage available within the travel policy or any other coverage under an
insurance policy; provided that, nothing contained in the foregoing shall
require an insurer to reimburse a covered individual in an amount greater than
that covered individual’s actual loss.
(i)
Indemnity insurance within an inland marine travel policy shall not be
reduced or modified based on receipt of any other income or any other benefits
other than refunds, reimbursements, credits, or vouchers for travel made
available to the insured from the insured’s travel agent, travel carrier, or
other travel service provider provided that, nothing contained in the foregoing
shall require an insurer to reimburse a covered individual in an amount greater
than that covered individual’s actual loss.
(j)
Inland marine travel insurance policies may require preauthorization and
provide referrals to local healthcare providers.
Source.
#10681, eff 11-3-14
Ins 4703.06 Minimum Policy Requirements. Inland marine travel insurance coverage
shall:
(a)
Conform to the policy cancellation requirements of RSA 417-B;
(b) Provide valuation of lost or damaged personal
or business personal property on either an actual cash value basis or based on
the cost to repair or replace the property;
(c) For inland marine travel insurance policies
that include coverage for lost or damaged personal or business property,
provide a minimum coverage limit for such lost or damaged property of at least
$500;
(d)
For inland marine travel insurance policies that include coverage for
emergency medical and dental benefits, provide such coverage with limits not
exceeding $50,000 in aggregate, exclusive of the costs of any medical
transportation necessary to address a medical or dental emergency;
(e) For inland marine travel insurance policies
that include trip cancellation or trip interruption benefits, provide
reimbursement up to the coverage limit of the policy for the lesser of:
(1) The actual cost of the insured fare; or
(2) The actual loss incurred by the policyholder
or covered individual, inclusive of any refunds received or credits toward
future travel; and
(f)
Provide to the consumer access to a toll free telephone number, staffed
by the insurer 7 days a week, 24 hours a day, and prominently display this toll
free number in the policy.
Source.
#10681, eff 11-3-14
Ins 4703.07 Prohibited Policy Provisions. An inland marine travel insurance policy
shall not contain provisions that:
(a)
Guarantee policy renewal;
(b) Provide coverage under the policy
for a trip that exceeds 12 months in duration, except as authorized in this
part;
(c)
Charge a penalty or administrative fee for trip cancellation by the
covered individual;
(d) Retain unearned premium payments
when the trip is cancelled or terminated by the group policyholder or its
affiliates; or
(e)
Reduce coverage based on the age of the insured.
Source.
#10681, eff 11-3-14
Ins 4703.08 Disclosures.
(a)
A statement shall be provided to an insured in prominent type in
pre-purchase materials that clearly states that the coverage offered is for
travel benefits only and that it is important for the insured to read the
description of coverage carefully.
(b)
All applications shall contain a prominent statement by type, stamp, or
other appropriate means in either contrasting color or in boldface type at
least equal to the size type used for the headings or captions of sections of
the application and in close conjunction to the applicant's signature block on
the application which states:
“The coverage provided
by this insurance is for travel benefits only.
Review your Description of Coverage carefully.”
(c)
All inland marine travel insurance policies and certificates of coverage
or descriptions of coverage that provide coverage of unexpected and emergency
medical or dental care shall display prominently by type, stamp, or other
appropriate means on the first page of the policy or description of coverage,
in either contrasting color or in boldface type at least equal to the size type
used for headings or captions of sections in the form, the following statement:
“Notice
to Buyer: This insurance provides travel coverage only and is a limited benefit
for unexpected emergency medical or dental care. Where the purpose of your travel is to
receive medical, dental, or cosmetic care, coverage for that specific treatment
is not provided.”
Source.
#10681, eff 11-3-14; amd by #12686, eff 12-3-18
Ins 4703.09 Description of Coverage. A certificate of coverage or description of
coverage form shall be provided to all covered persons containing each item
prescribed below:
(a)
A heading shall be included at the top of the certificate that contains
the company name and the following text:
“[COMPANY NAME]
TRAVEL INSURANCE COVERAGE
Description of Coverage/Certificate of
Coverage”
(b)
The statement: “It is important that you understand the provisions and
exclusions that are included in your travel insurance plan;”
(c)
A specific description of all the benefits contained in the policy and
the benefit amounts for all coverage provided;
(d)
A specific description of any policy provisions that exclude, eliminate,
restrict, reduce, limit, delay or in any other manner operate to qualify
payment of the benefits contained in the policy; and
(e)
The company claim contact information, the name and address of the
company and a toll-free telephone number all prominently displayed.
Source.
#10681, eff 11-3-14
Ins 4703.10 Claim Settlement. Personal inland marine travel insurance
claims shall be subject to Ins 1002 on claim settlements.
Source.
#10681, eff 11-3-14
Ins 4703.11 Advertisements of Insurance. Personal inland marine travel insurance shall
be subject to the advertising provisions of Ins 2601.
Source.
#10681, eff 11-3-14
PART
Ins 4704 WAIVER OF RULES
Ins 4704.01 Waiver of Rules.
(a)
The commissioner, upon the commissioner’s own initiative or upon request
by an insurer, shall waive any requirement of this chapter if such waiver does
not contradict the objective or intent of the rule and:
(1) Applying the rule provision would cause
confusion or would be misleading to
consumers;
(2) The rule provision is in whole or in part
inapplicable to the given circumstances;
(3) There are specific circumstances unique to
the situation such that strict compliance with the rule would be onerous
without promoting the objective or intent of the rule provision; or
(4)
Any other similar extenuating circumstances exist such that application of an
alternative standard or procedure better promotes the objective or intent of
the rule provision.
(b)
No requirement prescribed by statute shall be waived unless expressly
authorized by law.
(c)
Any person or entity seeking a waiver shall make a request in writing.
(d)
A request for a waiver shall specify the basis for the waiver and
proposed alternative, if any.
Source.
#12686, eff 12-3-18
Rule
|
Specific State Statute the
Rule Implements
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Ins
4701.01 |
RSA
400-A:15, |
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|
Ins
4701.02 |
RSA
400-A:15, |
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|
Ins
4701.03 |
RSA
400-A:15, |
|
|
Ins
4701.04 |
RSA
400-A:15, |
|
|
Ins
4701.05 |
RSA
400-A:15, |
|
|
Ins
4701.06 |
RSA
400-A:15, |
|
|
Ins
4701.07 |
RSA
400-A:15, |
|
|
Ins
4701.08 |
RSA
400-A:15, |
|
|
Ins
4701.09 |
RSA
400-A:15, |
|
|
Ins
4701.10 |
RSA
400-A:15, |
|
|
Ins
4701.11 |
RSA
400-A:15, I. |
|
|
|
|
|
|
Ins
4702.01 |
RSA
400-A:15, |
|
|
Ins
4702.02 |
RSA
400-A:15, |
|
|
Ins
4702.03 |
RSA
400-A:15, |
|
|
Ins
7402.04 |
RSA
400-A:15, |
|
|
Ins
4702.05 |
RSA
400-A:15, |
|
|
Ins
4702.06 |
RSA
400-A:15, |
|
|
Ins
4702.07 |
RSA
400-A:15, |
|
|
Ins
4702.08 |
RSA
400-A:15, |
|
|
Ins
4702.08(c) |
RSA
400-A:15, I; 415:18; 415-A:2; 415-A:3; 415-A:4 |
|
|
Ins
4702.09 |
RSA
400-A:15, |
|
|
Ins
4702.10 |
RSA
400-A:15, |
|
|
Ins
4702.11 |
RSA
400-A:15, I. |
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|
|
|
|
|
Ins
4703.01 |
RSA
400-A:15, |
|
|
Ins
4703.02 |
RSA
400-A:15, |
|
|
Ins
4703.03 |
RSA
400-A:15, |
|
|
Ins
7403.04 |
RSA
400-A:15, |
|
|
Ins
4703.05 |
RSA
400-A:15, |
|
|
Ins
4703.06 |
RSA
400-A:15, |
|
|
Ins
4703.07 |
RSA
400-A:15, |
|
|
Ins
4703.08 |
RSA
400-A:15, |
|
|
Ins 4703.08(c) |
RSA
400-A:15, I; 415:18; 415-A:2; 415-A:3; 415-A:4 |
|
|
Ins
4703.09 |
RSA
400-A:15, |
|
|
Ins
4703.10 |
RSA
400-A:15, I. |
|
|
Ins
4703.11 |
RSA
400-A:15, I. |
|
|
Ins
4704 |
RSA
400-A:15, I; 415:18; 415-A:2; 415-A:3; 541-A:22, IV |
|