Nebraska § 44-9304 - License or registration required; limited lines travel insurance producer license; issuance; travel retailer; permitted activities; conditions; director; powers.

§ 44-9304. License or registration required; limited lines travel insurance producer license; issuance; travel retailer; permitted activities; conditions; director; powers.

(1) No person may act as a limited lines travel insurance producer or travel retailer unless such person holds the appropriate license or registration as required by the Travel Insurance Act.

(2) The department may issue a limited lines travel insurance producer license to an individual or business entity that files with the department an application for a limited lines travel insurance producer license in a form and manner prescribed by the department. A limited lines travel insurance producer may sell, solicit, or negotiate travel insurance through a licensed insurer.

(3) A travel retailer may offer and disseminate travel insurance under a limited lines travel insurance producer only if the following conditions are met:

(a) The limited lines travel insurance producer or travel retailer provides to the purchaser of travel insurance:

(i) A description of the material terms or the actual material terms of the travel insurance policy;

(ii) A description of the process for filing a claim;

(iii) A description of the review or cancellation process for the travel insurance policy; and

(iv) The identity and contact information of the insurer and limited lines travel insurance producer;

(b)(i) The limited lines travel insurance producer, at the time of licensure, establishes and maintains a register on a form prescribed by the department of each travel retailer that offers travel insurance on behalf of such limited lines travel insurance producer. The register shall include the name, address, and contact information of the travel retailer and an officer or person who directs or controls the travel retailer's operation and the travel retailer's federal tax identification number. The limited lines travel insurance producer shall submit such register to the department upon request; and

(ii) The limited lines travel insurance producer certifies that the registered travel retailer complies with 18 U.S.C. 1033. The grounds for suspension or revocation and the penalties applicable to resident insurance producers under the Insurance Producers Licensing Act shall be applicable to limited lines travel insurance producers and travel retailers;

(c) The limited lines travel insurance producer designates one of its employees who is a licensed individual producer as the designated responsible producer responsible for the compliance with travel insurance laws and rules and regulations applicable to such limited lines travel insurance producers and travel retailers;

(d) The designated responsible producer, president, secretary, treasurer, and any other officer or person who directs or controls the limited lines travel insurance producer's insurance operations complies with the fingerprinting requirements applicable to insurance producers in the state where the limited lines travel insurance producer resides;

(e) The limited lines travel insurance producer has paid all applicable licensing fees as set forth in section 44-4064 and any other applicable state law; and

(f) The limited lines travel insurance producer requires each employee and authorized representative of the travel retailer whose duties include offering and disseminating travel insurance to receive a program of instruction or training, which may be subject to review by the director. The training material shall include, at a minimum, instructions on the types of insurance offered, ethical sales practices, and required disclosures to prospective customers.

(4) A limited lines travel insurance producer and travel retailers registered under its license are exempt from the examination requirements in section 44-4052 and the continuing education requirements in sections 44-3901 to 44-3908.

(5) The director may take disciplinary action against a limited lines travel insurance producer pursuant to section 44-4059.

(6) Any travel retailer offering and disseminating travel insurance shall make brochures or other written materials available to a prospective purchaser that:

(a) Provide the identity and contact information of the insurer and the limited lines travel insurance producer;

(b) Explain that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and

(c) Explain that an unlicensed travel retailer is permitted to provide general information about the insurance offered by the travel retailer, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the terms and conditions of the travel insurance offered by the travel retailer or to evaluate the adequacy of the customer's existing insurance coverage.

(7) A travel retailer's employee or authorized representative who is not licensed as an insurance producer shall not:

(a) Evaluate or interpret the technical terms, benefits, or conditions of the offered travel insurance coverage;

(b) Evaluate or provide advice concerning a prospective purchaser's existing insurance coverage; or

(c) Hold such travel retailer employee or authorized representative out as a licensed insurer, licensed producer, or insurance expert.

(8) A travel retailer whose insurance-related activities, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer meeting the conditions stated in this section is authorized to receive related compensation for the services upon registration by the limited lines travel insurance producer.

(9) The limited lines travel insurance producer is responsible for the acts of the travel retailer and shall use reasonable means to ensure that the travel retailer complies with the Travel Insurance Act.

(10) Any person licensed in a major line of authority as an insurance producer is authorized to sell, solicit, and negotiate travel insurance. A property and casualty insurance producer is not required to become appointed by an insurer in order to sell, solicit, or negotiate travel insurance.