2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 19 - [Effective 8/7/2024] TRAVEL INSURANCE MODEL ACT (§§ 10-4-1901 — 10-4-1909) › Section 10-4-1903 - [Effective 8/7/2024] Definitions

As used in this part 19, unless the context otherwise requires:
(1)
"Aggregator site" means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping.
(2)
"Blanket travel insurance" means travel insurance that:
(a)
Is issued to an eligible group; and
(b)
Provides coverage for specific classes of persons defined in the policy with coverage provided to all members of the eligible group without requiring individual members of the eligible group to pay a charge.
(3)
"Cancellation fee waiver" means a contractual agreement between a supplier of travel services and its customer to waive some or all of the nonrefundable cancellation fee provisions of the supplier's underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement. A "cancellation fee waiver" is not insurance.
(4)
"Eligible group" means, solely for the purposes of travel insurance, a group of two or more persons who are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, including any of the following:
(a)
An entity engaged in the business of providing travel or travel services, including tour operators, lodging providers, vacation property owners, hotels, resorts, travel clubs, travel agencies, property managers, cultural exchange programs, and common carriers, as defined in section 40-1-102 (3), or other operator, owner, or lessor of a means of transportation of passengers, including airlines, cruise lines, railroads, steamship companies, and public bus carriers, in which, with regard to any particular travel or type of travel or travelers, all members or customers of the group must have a common exposure to risks attendant to such travel;
(b)
A college, school, or other institution of learning covering students, teachers, employees, or volunteers;
(c)
An employer covering any group of employees, volunteers, contractors, board of directors, dependents, or guests;
(d)
A sports team, camp, or sponsor of a sports team covering participants, members, campers, employees, officials, supervisors, or volunteers;
(e)
A religious, charitable, recreational, educational, or civic organization, or branch of the organization covering any group of members, participants, or volunteers;
(f)
A financial institution or financial institution vendor, or a parent holding company, trustee, or agent of, or designated by, one or more financial institutions or financial institution vendors, including account holders, credit card holders, debtors, guarantors, or purchasers;
(g)
An incorporated or unincorporated association, including a labor union, that has a common interest, constitution, and bylaws and is organized and maintained in good faith for purposes other than obtaining insurance for members or participants of such association covering its members;
(h)
Subject to the commissioner's permitting the use of a trust and the state's premium tax provisions in section 10-4-1904, a trust or the trustees of a fund that is established, created, or maintained for the benefit of and covering members, employees, or customers of one or more associations meeting the requirements of subsection (4)(g) of this section;
(i)
An entertainment production company covering any group of participants, volunteers, audience members, contestants, or workers;
(j)
A volunteer fire department, ambulance, rescue, police, court, or any first aid, civil defense, or other similar volunteer group;
(k)
A preschool, day care, or other care institution for children, adults, or senior citizens;
(l)
An automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees, or passengers, as defined by their travel status on the rented or leased vehicles; except that the policyholder is the common carrier; the operator, owner, or lessor of a means of transportation; or the automobile or truck rental or leasing company; or
(m)
Any other group members that are engaged in a common enterprise or have an economic, educational, or social affinity or relationship and to which issuance of a travel insurance policy would not be contrary to the public interest, as determined by the commissioner.
(5)
"Fulfillment materials" means documents sent to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan's coverage and assistance details.
(6)
"Group travel insurance" means travel insurance issued to any Eligible group.
(7)
"Limited lines travel insurance producer" has the meaning set forth in section 10-2-414.5 (1)(a).
(8)
"Offer and disseminate" has the meaning set forth in section 10-2-414.5 (1)(b).
(9)
"Primary certificate holder" means a person that elects and purchases travel insurance under a group travel insurance policy.
(10)
"Primary policyholder" means an individual who elects and purchases individual travel insurance.
(11)
"Travel administrator" means a person who directly or indirectly underwrites; collects charges, collateral, or premiums from; or adjusts or settles claims of Colorado residents in connection with travel insurance. The following persons are not considered travel administrators so long as they function only as follows:
(a)
A person working for a travel administrator, to the extent that the person's activities are subject to the supervision and control of the travel administrator;
(b)
An insurance producer selling insurance or engaged in administrative and claims-related activities within the scope of the producer's license;
(c)
A travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer in accordance with section 10-2-414.5;
(d)
An individual adjusting or settling claims in the normal course of the individual's practice or employment as an attorney and who does not collect charges or premiums in connection with insurance coverage; or
(e)
A business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer.
(12)
(a)
"Travel assistance services" means noninsurance services for which the consumer is not indemnified based on a fortuitous event and where the provision of the service does not result in transfer or shifting of risk that would constitute the business of insurance.
(b)
"Travel assistance services" include security advisories, destination information, vaccination and immunization information services, travel reservation services, entertainment, activity and event planning, translation assistance, emergency messaging, international legal and medical referrals, medical case monitoring, coordination of transportation arrangements, emergency cash transfer assistance, medical prescription replacement assistance, passport and travel document replacement assistance, lost luggage assistance, concierge services, and any other service that is furnished in connection with planned travel.
(c)
"Travel assistance services" are not insurance and are not related to insurance.
(13)
"Travel insurance" has the meaning set forth in section 10-2-414.5 (1)(c).
(14)
"Travel protection plan" means a plan that provides one or more of the following: Travel insurance, Travel assistance services, and cancellation fee waivers.
(15)
"Travel retailer" has the meaning set forth in section 10-2-414.5 (1)(d).
Added by 2024 Ch. 128,§ 2, eff. 8/7/2024.
2024 Ch. 128, was passed without a safety clause. See Colo. Const. art. V, § 1(3).