2023 Oklahoma Statutes › Title 36. Insurance › §36-6716. Application of Unfair Trade Practices Act.

A. All persons offering travel insurance to residents of this state are subject to the Unfair Trade Practices Act pursuant to Sections 1201 through 1219 of this title, except as otherwise provided in this section. In the event of a conflict between the Travel Insurance Act and other provisions of this title regarding the sale and marketing of travel insurance and travel protection plans, the provisions of the Travel Insurance Act shall control.
B. Offering or selling a travel insurance policy that could never result in payment of any claims for any insured under the policy is an unfair trade practice under Section 1203 of this title.
C. Marketing.
1. All documents provided to consumers prior to the purchase of travel insurance including, but not limited to, sales materials, advertising materials and marketing materials, shall be consistent with the travel insurance policy including, but not limited to, forms, endorsements, policies, rate filings and certificates of insurance.
2. For travel insurance policies or certificates that contain pre-existing condition exclusions, information about the pre-existing condition exclusions shall be provided prior to the time of purchase and shall be in the fulfillment materials of the coverage.
3. The fulfillment materials and the information described in paragraph 1 of subsection B of Section 6713 of this title shall be provided to a policyholder or certificate holder as soon as practicable following the purchase of a travel protection plan. Unless the insured has either started a covered trip or filed a claim under the travel insurance coverage, a policyholder or certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of the travel protection plan until at least:
a.
fifteen (15) days following the date of delivery by mail of the fulfillment materials of the travel protection plan, or
b.
ten (10) days following the date of delivery by other means of the fulfillment materials of the travel protection plan.
4. The company shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage.
5. Where travel insurance is marketed directly to a consumer through a website of the insurer or by others through an aggregator site, it shall not be an unfair trade practice or other violation of law where an accurate summary or short description of coverage is provided on the web page, so long as the consumer has access to the full provisions of the policy through electronic means.
D. A person offering, soliciting or negotiating travel insurance or travel protection plans on an individual or group basis shall not use negative option or opt-out, which 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.
E. It shall be an unfair trade practice to market blanket travel insurance coverage as free.
F. Where the destination jurisdiction of the consumer requires insurance coverage, it shall not be an unfair trade practice to require that the consumer choose between the following options as a condition of purchasing a trip or travel package:
1. Purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or
2. Agreeing to obtain and provide proof of coverage that meets the requirements of the destination jurisdiction prior to departure.
Added by Laws 2018, c. 159, § 8, eff. Nov. 1, 2018. Amended by Laws 2021, c. 84, § 5, eff. Nov. 1, 2021.