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The Florida Statutes

The 2021 Florida Statutes

Chapter 647
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F.S. 647.05
647.05 Sales practices.
(1)(a) All documents provided to a consumer before the purchase of travel insurance, including, but not limited to, sales materials, advertising materials, and marketing materials, must be consistent with the travel insurance policy, including, but not limited to, forms, endorsements, policies, rate filings, and certificates of insurance.
(b) For travel insurance policies or certificates that contain preexisting condition exclusions, information and an opportunity to learn more about the preexisting condition exclusions must be provided any time before the purchase. Information on the exclusions and the opportunity to learn more about these exclusions must be included in the coverage’s fulfillment materials.
(c) The fulfillment materials and the information described in s. 626.321(1)(c)3.a. must be provided to a policyholder or certificateholder as soon as practicable after the purchase of a travel protection plan. Unless the insured has started a covered trip or filed a claim under the travel insurance coverage, the policyholder or certificateholder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least:
1. Fifteen days after the date of delivery of the travel protection plan’s fulfillment materials by postal mail; or
2. Ten days after the date of delivery of the travel protection plan’s fulfillment materials by means other than postal mail.

For the purposes of this paragraph, the term “delivery” means handing fulfillment materials to the policyholder or certificateholder or sending fulfillment materials by postal mail or electronic means to the policyholder or certificateholder.

(d) An insurer shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage.
(e) If travel insurance is marketed directly to a consumer through an insurer’s website or by others through an aggregator site, it is not an unfair trade practice or other violation of law if the following requirements are met:
1. The web page provides an accurate summary or short description of the coverage.
2. The consumer has access to the full provisions of the policy through electronic means.
(2) A person offering, soliciting, or negotiating travel insurance or travel protection plans on an individual or group basis may not do so by using a negative or opt-out option that would require a consumer to take an affirmative action to deselect coverage, such as unchecking a box on an electronic form, when the consumer purchases a trip.
(3) If a consumer’s destination jurisdiction requires insurance coverage, it is not an unfair trade practice to require that the consumer choose between the following options as a condition of purchasing a trip or travel package:
(a) Purchasing the coverage required by the destination jurisdiction through the travel retailer, as defined in s. 626.321(1)(c)2., or limited lines travel insurance producer supplying the trip or travel package; or
(b) Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction’s requirements before departure.
(4)(a) A person offering travel insurance to residents of this state is subject to part IX of chapter 626, the Unfair Insurance Trade Practices Act, except as otherwise provided in this chapter. If a conflict arises between this chapter and the Unfair Insurance Trade Practices Act regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this chapter shall control.
(b) A person commits an unfair insurance trade practice under the Unfair Insurance Trade Practices Act if the person:
1. Offers or sells a travel insurance policy that could never result in payment of any claims for any insured under the policy; or
2. Markets blanket travel insurance coverage as free.
History.s. 19, ch. 2020-63; s. 51, ch. 2021-51.