2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-209 - Definitions regarding travel insurance.

58-30-209. Definitions regarding travel insurance.
Terms used in §§58-30-209 to 58-30-217.1, inclusive, mean:
(1)“Aggregator site,” 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,” a policy of travel insurance issued to any eligible group providing coverage for specific classes of persons defined in the policy, with coverage provided to all members of the eligible group without a separate charge to individual members of the eligible group;
(3)“Cancellation fee waiver,” a contractual agreement between a supplier of travel services and its customer to waive some or all of the non-refundable cancellation fee provisions of the supplier’s underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement;
(4)“Eligible group,” for the purposes of §§58-30-209 to 58-30-217.1, inclusive, only, two or more persons who are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, including, but not limited to:
(a)An entity engaged in the business of providing travel or travel services, including, but not limited to, tour operators, lodging providers, vacation property owners, hotels and resorts, travel clubs, travel agencies, property managers, cultural exchange programs, and common carriers or the operator, owner, or lessor of a means of transportation of passengers, including but not limited to airlines, cruise lines, railroads, steamship companies, and public bus carriers, wherein 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 risk in the 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 thereof, covering participants, members, campers, employees, officials, supervisors, or volunteers;
(e)A religious, charitable, recreational, educational, or civic organization, or branch thereof, covering any group of members, participants, or volunteers;
(f)A financial institution or financial institution vendor, or parent holding company, trustee, or agent of or designated by one or more financial institutions or financial institution vendors, including accountholders, credit card holders, debtors, guarantors, or purchasers;
(g)An incorporated or unincorporated association, including labor unions, having a common interest, constitution and bylaws, and organized and maintained in good faith for purposes other than obtaining insurance for members or participants of such association covering its members;
(h)A trust or the trustees of a fund established, created or maintained for the benefit of and covering members, employees or customers, subject to the director’s permitting the use of a trust and the state’s premium tax provisions in §10-44-2, of one or more associations meeting the above requirements of (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 such volunteer group;
(k)A preschool, daycare institution for children or adults, and senior citizen club;
(l)An automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees, or passengers defined by their travel status on the rented or leased vehicles. The common carrier, the operator, owner or lessor of a means of transportation, or the automobile or truck rental or leasing company, is the policyholder for group coverage under this subdivision; or
(m)Another group where the director has determined that the members are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, and that issuance of the policy would not be contrary to the public interest;
(5)“Fulfillment materials,” documentation 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,” travel insurance issued to any eligible group;
(7)"Limited lines travel insurance producer," a:
(a)Licensed managing general underwriter;
(b)Licensed managing general agent or third party administrator;
(c)Licensed insurance producer, including a limited lines producer; or
(d)Travel administrator;
(8)"Offer and disseminate," providing general information, including a description of the coverage and price, as well as processing the application, collecting premiums, and performing other activities permitted by the state;
(9)“Primary certificate holder,” an individual person who elects and purchases travel insurance under a group travel insurance policy;
(10)“Primary policyholder,” an individual person who elects and purchases individual travel insurance;
(11)“Travel administrator,” a person who directly or indirectly underwrites; collects charges, collateral, or premiums from; or adjusts or settles claims on; residents of this state, in connection with travel insurance, except that a person is not a travel administrator if that person’s only actions that would otherwise cause the person to be considered a travel administrator are the following:
(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 §58-30-211;
(d)An individual adjusting or settling claims in the normal course of the individual’s practice or employment as an attorney-at-law 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)“Travel assistance services,” non-insurance services unrelated to insurance for which the consumer is not indemnified based on a fortuitous event, and where providing the service does not result in transfer or shifting of risk that would constitute the business of insurance. Travel assistance services include but are not limited to:
(a)Security advisories;
(b)Destination information;
(c)Vaccination and immunization information services;
(d)Travel reservation services;
(e)Entertainment;
(f)Activity and event planning;
(g)Translation assistance;
(h)Emergency messaging;
(i)International legal and medical referrals;
(j)Medical case monitoring;
(k)Coordination of transportation arrangements;
(l)Emergency cash transfer assistance;
(m)Medical prescription replacement assistance;
(n)Passport and travel document replacement assistance;
(o)Lost luggage assistance;
(p)Concierge services; and
(q)Any other service that is furnished in connection with planned travel;
(13)"Travel insurance," insurance coverage for personal risks incident to planned travel, including:
(a)Interruption or cancellation of a trip or event;
(b)Loss of baggage or personal effects;
(c)Damages to accommodations or rental vehicles;
(d)Sickness, accident, disability, or death occurring during travel;
(e)Emergency evacuation;
(f)Repatriation of remains; or
(g)Any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the director.
Travel insurance does not include major medical plans providing comprehensive medical protection for persons with trips or overseas residence or deployment lasting six months or longer, or any other product that requires a specific insurance producer license;
(14)“Travel protection plan,” a plan that provides travel insurance, travel assistance services, or cancellation fee waivers, or any combination thereof;
(15)"Travel retailer," a business entity that makes, arranges, or offers planned travel and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer.
Source: SL 2014, ch 241, §5; SL 2022, ch 185, §1.