Ind. Code ch. 27-7-17

Ind. Code ch. 27-7-17
in effect

Ind. Code § 27-7-17-1 Applicability of chapter; exceptions

Sec. 1. This chapter applies to travel insurance: (1) that covers any resident of this state and is sold, solicited, negotiated, or offered in this state; and (2) for which policies and certificates are delivered or issued for delivery in this state. Unless expressly provided in this chapter, this chapter does not apply to cancellation fee waivers or travel assistance services. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-2 Applicability of definitions and other provisions

Sec. 2. (a) The definitions in IC 27-1-15.6-2 apply throughout this chapter. (b) All other applicable provisions of this title continue to apply to travel insurance, except that specific provisions of this chapter supersede any general provisions of law that would otherwise be applicable to travel insurance. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-3 "Aggregator site"

Sec. 3. As used in this chapter, "aggregator site" means an Internet web site that provides access to information regarding insurance products from more than one (1) insurer, including product and insurer information, for use in comparison shopping. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-4 "Blanket travel insurance"

Sec. 4. As used in this chapter, "blanket travel insurance" means 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. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-5 "Cancellation fee waiver"

Sec. 5. As used in this chapter, "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. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-6 "Commissioner"

Sec. 6. As used in this chapter, "commissioner" means the insurance commissioner appointed under IC 27-1-1-2. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-7 "Eligible group"

Sec. 7. As used in this chapter, "eligible group" means two (2) or more persons who are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, including the following: (1) An entity engaged in the business of providing travel or travel services, including 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 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 attendant in such travel. (2) A college, school, or other institution of learning, covering students, teachers, employees, or volunteers. (3) An employer covering any group of employees, volunteers, contractors, board of directors, dependents, or guests. (4) A sports team, camp, or sponsor thereof, covering participants, members, campers, employees, officials, supervisors, or volunteers. (5) A religious, charitable, recreational, educational, or civic organization, or branch thereof, covering any group of members, participants, or volunteers. (6) A financial institution or financial institution vendor, or parent holding company, trustee, or agent of or designated by one (1) or more financial institutions or financial institution vendors, including account holders, credit card holders, debtors, guarantors, or purchasers. (7) Any 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. (8) 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 commissioner's permitting the use of a trust and the state's premium tax provisions in section 14 of this chapter of one (1) or more associations meeting the requirements of subdivision (7). (9) An entertainment production company covering any group of participants, volunteers, audience members, contestants, or workers. (10) A volunteer fire department, ambulance, rescue, police, court, or any first aid, civil defense, or other such volunteer group. (11) A preschool, day care institution for children or adults, or senior citizen club. (12) 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, operator, owner, or lessor of a means of transportation or the automobile or truck rental or leasing company is the policyholder under a policy to which this chapter applies. (13) Any other group for which the commissioner 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 a policy would not be contrary to the public interest. As added by P.L.19-2022, SEC.5. Amended by P.L.23-2026, SEC.264.

Ind. Code § 27-7-17-8 "Fulfillment materials"

Sec. 8. As used in this chapter, "fulfillment materials" means documentation sent to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan's coverage and assistance details. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-9 "Group travel insurance"

Sec. 9. As used in this chapter, "group travel insurance" means travel insurance issued to any eligible group. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-10 "Primary certificate holder"

Sec. 10. As used in this chapter, "primary certificate holder" means a person who elects and purchases travel insurance under a group policy. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-11 "Primary policyholder"

Sec. 11. As used in this chapter, "primary policyholder" means an individual who elects and purchases individual travel insurance. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-12 "Travel assistance service"

Sec. 12. As used in this chapter, "travel assistance service" means a noninsurance service for which the purchaser is not indemnified based on a fortuitous event and where providing the service does not result in a transfer or shifting of risk that would constitute the business of insurance. 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. Travel assistance services are not insurance and are not related to insurance. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-13 "Travel protection plan"

Sec. 13. As used in this chapter, "travel protection plan" means a plan that provides one (1) or more of the following: (1) Travel insurance. (2) Travel assistance services. (3) Cancellation fee waivers. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-14 Premium tax

Sec. 14. (a) A travel insurer shall pay premium tax, as provided in IC 27-1-18-2, on travel insurance premiums paid by: (1) an individual primary policyholder who is a resident of this state; (2) a primary certificate holder who is a resident of this state and elects coverage under a group travel insurance policy; and (3) a blanket travel insurance policyholder that is a resident of this state or has its principal place of business or the principal place of business of an affiliate or subsidiary that has purchased blanket travel insurance for an eligible group in this state, subject to any apportionment rules which apply to the insurer across multiple taxing jurisdictions or that permit the insurer to allocate premium on an apportioned basis in a reasonable and equitable manner in those jurisdictions. (b) A travel insurer shall: (1) document the state of residence or principal place of business of a policyholder or certificate holder, as provided in subsection (a); and (2) report as premium only the amount allocable to travel insurance and not any amounts received for travel assistance services or cancellation fee waivers. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-15 Travel protection plan; combined features

Sec. 15. A travel protection plan that offers combined features may be offered for one (1) price in this state if: (1) the travel protection plan clearly discloses to the consumer, at or prior to the time of purchase, that the plan includes travel insurance, travel assistance services, and cancellation fee waivers, as applicable, and provides information and an opportunity, at or prior to the time of purchase, for the consumer to obtain additional information regarding the features and pricing of each; and (2) the fulfillment materials: (A) describe and delineate the travel insurance, travel assistance services, and cancellation fee waivers in the travel protection plan; and (B) include the travel insurance disclosures and the contact information for the persons providing travel assistance services and cancellation fee waivers, as applicable. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-16 Sale and marketing of travel insurance; unfair trade practice

Sec. 16. (a) Except as otherwise provided in this section, a person offering travel insurance to residents of this state is subject to IC 27-4-1. In the event of a conflict between this chapter and other provisions of this title regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this chapter govern. (b) A person offering or selling a travel insurance policy that could never result in payment of any claims for any insured under the policy commits an unfair trade practice under IC 27-4-1. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-17 Policy documentation and fulfillment materials; unfair trade practice

Sec. 17. (a) All documents provided to consumers prior to the purchase of travel insurance, including sales materials, advertising materials, and marketing materials, must be consistent with the travel insurance policy itself, including forms, endorsements, policies, rate filings, and certificates of insurance. (b) For a travel insurance policy or certificate that contains preexisting condition exclusions, information and an opportunity to learn more about the preexisting condition exclusions must be provided prior to the time of purchase and in the coverage's fulfillment materials. (c) The fulfillment materials and the information required to be provided under IC 27-1-15.6-19.9(b)(1) must be provided to a policyholder or certificate holder as soon as practicable following the purchase of a travel protection plan. Unless the insured has 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 price of a travel protection plan from the date of purchase until: (1) fifteen (15) days following the date of delivery of the travel protection plan's fulfillment materials by mail; or (2) ten (10) days following the date of delivery of the travel protection plan's fulfillment materials by means other than mail. For purposes of this section, "delivery" means handing fulfillment materials to the policyholder or certificate holder or sending fulfillment materials by mail, electronic mail, or other electronic means to the policyholder or certificate holder. (d) The company must disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage. (e) When 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 an accurate summary or short description of coverage is provided on the website, so long as the consumer has access to the full provisions of the policy through electronic means. (f) No person offering, soliciting, or negotiating travel insurance or travel protection plans on an individual or group basis may do so by using 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 or travel package. (g) It is an unfair trade practice under IC 27-4-1 to market blanket travel insurance coverage as free. (h) Where a consumer's destination jurisdiction requires insurance coverage, it is not an unfair trade practice under IC 27-4-1 to require a consumer to choose as a condition of purchasing a trip or travel package between: (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 destination jurisdiction's requirements prior to departure. As added by P.L.19-2022, SEC.5. Amended by P.L.11-2023, SEC.89.

Ind. Code § 27-7-17-18 Travel administrators; licensing requirements

Sec. 18. (a) Notwithstanding any other provision of this title, a person may not act or represent itself as a travel administrator for travel insurance in this state unless the person: (1) is a licensed property and casualty insurance producer in this state for activities permitted under that producer license; (2) holds a valid managing general agent license in this state; or (3) holds a valid third party administrator license in this state. (b) A travel administrator and its employees are exempt from the licensing requirements of IC 27-1-28 for travel insurance it administers. (c) An insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer and is responsible for ensuring the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the commissioner upon request. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-19 Travel insurance; classification; eligibility and underwriting standards

Sec. 19. (a) Notwithstanding any other provision of this title, travel insurance is classified and filed for purposes of rates and forms under an inland marine line of insurance. However, travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, either exclusively or in conjunction with related coverages of emergency evacuation or repatriation of remains or incidental limited property and casualty benefits such as baggage or trip cancellation, may be filed under either an accident and health line of insurance or an inland marine line of insurance. (b) Travel insurance may be in the form of an individual, group, or blanket policy. (c) Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, provided those standards also meet the state's underwriting standards for an inland marine line of insurance. As added by P.L.19-2022, SEC.5.

Ind. Code § 27-7-17-20 Rules

Sec. 20. The commissioner may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.19-2022, SEC.5.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/27Fetched: 10/17/2026

Starting a business in Indiana? Indiana LLC guide: costs and requirements