II 

110TH CONGRESS 

1ST SESSION S. 1865 

To provide for mandatory availability of life insurance that does not preclude 

future lawful travel, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 24, 2007 

Mr. SCHUMER introduced the following bill; which was read twice and referred 

to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To provide for mandatory availability of life insurance that 

does not preclude future lawful travel, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Life Insurance Fair5 ness for Travelers Act of 2007’’. 

6 SEC. 2. MANDATORY AVAILABILITY OF LIFE INSURANCE 

7 THAT DOES NOT PRECLUDE FUTURE LAWFUL 

8 TRAVEL. 

9 Section 103(c) of the Terrorism Risk Insurance Act 

10 of 2002 (15 U.S.C. 6701 note) is amended— 


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•S 1865 IS

1 (1) in paragraph (1), by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (2), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(3) shall make available, in all of its life insur7 ance policies issued after the date of enactment of 

8 this paragraph, under which the insured person is a 

9 citizen of the United States or an alien lawfully ad10 mitted for permanent residence in the United States, 

11 coverage that neither considers past, nor precludes 

12 future, lawful foreign travel by the person insured, 

13 and shall not decline such coverage based on past or 

14 future, lawful foreign travel by the person insured or 

15 charge a premium for such coverage that is excessive 

16 and not based on a good faith actuarial analysis, ex17 cept that an insurer may decline or, upon inception 

18 or renewal of a policy, limit the amount of coverage 

19 provided under any life insurance policy based on 

20 plans to engage in future lawful foreign travel to 

21 occur within 12 months of such inception or renewal 

22 of the policy, but only if, at time of application— 

23 ‘‘(A) such declination is based on, or such 

24 limitation applies only with respect to, travel to 

25 a foreign destination— 


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1 ‘‘(i) for which the Director of the Cen2 ters for Disease Control and Prevention of 

3 the Department of Health and Human 

4 Services has issued a highest level alert or 

5 warning, including a recommendation 

6 against non-essential travel, due to a seri7 ous health-related condition; 

8 ‘‘(ii) in which there is an ongoing 

9 military conflict involving the armed forces 

10 of a sovereign nation other than the nation 

11 to which the insured person is traveling; or 

12 ‘‘(iii)(I) that the insurer has specifi13 cally designated in the terms of the life in14 surance policy at the inception of the pol15 icy or at renewal, as applicable; and 

16 ‘‘(II) with respect to which the insurer 

17 has made a good faith determination 

18 that— 

19 ‘‘(aa) a serious unlawful situation 

20 exists which is ongoing; and 

21 ‘‘(bb) the credibility of informa22 tion by which the insurer can verify 

23 the death of the insured person is 

24 compromised; and 


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•S 1865 IS

1 ‘‘(B) in the case of any limitation of cov2 erage, such limitation is specifically stated in 

3 the terms of the life insurance policy at the in4 ception of the policy or at renewal, as applica5 ble.’’. 

Æ 


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