N.D. Cent. Code § 26.1-58-01 Definitions
26.1-58-01. Definitions
For purposes of this chapter, 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 a policy of travel insurance issued to an 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" means a contractual agreement between a supplier of travel
services and the supplier's 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", solely for purposes of travel insurance, means two or more persons
that 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 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, under 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 risk attendant to 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 of a sports team or camp, 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; parent holding company,
trustee, or agent of the financial institution or vendor; or parent holding company,
trustee, or agent 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
the association covering the association's 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 commissioner
permitting the use of a trust and the state premium tax in section 26.1-58-03 of
one or more associations meeting the requirements of subdivision g;
i. An entertainment production company covering a group of participants,
volunteers, audience members, contestants, or workers;
j. A volunteer fire department, ambulance, rescue, police, court, or first aid, civil
defense, or other such volunteer group;
k. Preschools, day care institutions for children or adults, and senior citizen clubs;
l. An automobile or truck rental or leasing company covering a group of individuals
who may become renters, lessees, or passengers defined by the individuals'
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 under a policy to which this section applies;
or
m. Any other group for which the commissioner has determined the members are
engaged in a common enterprise, or have an economic, educational, or social
affinity or relationship, and issuance of the policy would not be contrary to the
public interest.
5. "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.
6. "Group travel insurance" means travel insurance issued to an eligible group.
7. "Limited lines travel insurance producer" has the same meaning as provided in section
26.1-26-54.
8. "Offer and disseminate" has the same meaning as provided in section 26.1-26-54.
9. "Primary certificate holder", specific to section 26.1-58-03, means an individual who
elects and purchases travel insurance under a group policy.
10. "Primary policyholder", specific to section 26.1-58-03, means an individual who elects
and purchases individual travel insurance.
11. "Travel administrator" means a person that 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 a person is not considered a travel
administrator if that person's only actions that would otherwise cause the person to be
considered a travel administrator are among the following:
a. A person working for a travel administrator to the extent 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 this
chapter;
d. An individual adjusting or settling claims in the normal course of that 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 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" means noninsurance services for which the consumer is
not indemnified based on a fortuitous event, and for which providing the service does
not result in transfer or shifting of risk that would constitute the business of insurance.
The term includes 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 furnished in connection with
planned travel. Travel assistance services are not insurance.
13. "Travel insurance" has the same definition as provided in section 26.1-26-54.
14. "Travel protection plan" means a plan that provides one or more of the following:
a. Travel insurance.
b. Travel assistance services.
c. Cancellation fee waivers.
15. "Travel retailer" has the same definition as provided in section 26.1-26-54.