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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
House Bill 2128
Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House In-
terim Committee on Commerce and Consumer Protection for US Travel Insurance Association)
CHAPTER .................................................
AN ACT
Relating to travel insurance; creating new provisions; amending ORS 744.101, 744.104, 744.107 and
744.111; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Sections 2 to 5 of this 2025 Act are added to and made a part of ORS 744.101
to 744.107.
SECTION 2. A person may offer or sell a travel protection plan that combines various
features at one price if:
(1) Before, or at the time, a customer purchases the travel protection plan, the person:
(a) Discloses clearly in writing which of the following features the travel protection plan
includes:
(A) Travel insurance;
(B) Travel assistance services; or
(C) A cancellation fee waiver; and
(b) Provides additional information about each feature and gives an opportunity to obtain
more information about each feature and the pricing for each feature; and
(2) Fulfillment material for the travel protection plan:
(a) Describes each of the features of the travel protection plan individually;
(b) Discloses required information about any travel insurance included in the travel
protection plan; and
(c) Provides contact information for persons that provide any travel assistance services
or cancellation fee waivers included in the travel protection plan.
SECTION 3.
(1) Except as otherwise provided in this section, a person that offers travel
insurance in this state is subject to ORS chapter 746. Sections 2 to 5 of this 2025 Act and
ORS 744.101 to 744.107 control if a conflict exists between other provisions of the Insurance
Code and sections 2 to 5 of this 2025 Act and ORS 744.101 to 744.107 with respect to marketing
or selling travel insurance or a travel protection plan.
(2) Marketing, advertising and sales materials that a prospective purchaser receives be-
fore the time of purchase must be consistent with the provisions of the policy, including
forms, endorsements, rate filings and certificates of insurance.
(3) If a travel insurance policy excludes a preexisting condition, the person that offers
the policy must provide information about the exclusion in fulfillment material and must
provide a prospective purchaser with an opportunity to learn more about the exclusion be-
fore purchasing the policy.
Enrolled House Bill 2128 (HB 2128-A) Page 1
(4) A person shall provide to the purchaser fulfillment material and the information de-
scribed in ORS 744.104 (3)(a) as soon as is practicable after the purchase of a policy.
(5)(a) If a travel insurance policy holder or certificate holder has not begun travel that
is covered by the policy or submitted a claim under the policy, the policy holder or certificate
holder may cancel, and receive a full refund of the purchase price for, a travel protection
plan until the later of:
(A) Fifteen days following the delivery of the travel protection plan’s fulfillment material
by postal mail; or
(B) Ten days following the date of delivery of the travel protection plan’s fulfillment
material by means other than postal mail.
(b) As used in this subsection, “delivery” means, as appropriate:
(A) Handing fulfillment material to the policy holder or certificate holder; or
(B) Sending fulfillment material to the policy holder or certificate holder by postal mail
or electronic means.
(6) A travel insurance policy and fulfillment material for the policy must disclose whether
the coverage that the policy or certificate provides is primary or secondary with respect to
other insurance coverage.
(7) A person does not by reason of taking any of the following actions violate the con-
sumer protection laws of this state:
(a) Marketing, advertising or selling travel insurance on an insurer’s, limited lines travel
insurance producer’s or travel retailer’s website or on an aggregator site by means of an
accurate summary or short description of the coverage the travel insurance provides, if all
of the provisions of the coverage are available via a link on the website or aggregator site
or by other electronic methods.
(b) Requiring a purchaser to choose between the following options if a jurisdiction in the
travel destination requires insurance coverage:
(A) Purchasing the required coverage from a travel retailer or limited lines travel in-
surance producer supplying the trip or travel package; or
(B) Agreeing to obtain and provide proof of coverage that meets the requirements of the
jurisdiction in the travel destination before travelling.
(8) The following acts or practices are unlawful practices:
(a) Offering or selling a travel insurance policy that could never result in payment of a
claim to an insured;
(b) Marketing blanket travel insurance as free; or
(c) Offering or selling travel insurance on a negative option or opt out basis, whereby a
consumer is required to take an affirmative action to deselect coverage, such as unchecking
a box on an electronic form, when the consumer is purchasing a trip.
SECTION 4.
(1) A person may not act as a travel insurance administrator, or represent
that the person is a travel insurance administrator, unless the person holds a valid license
the Director of the Department of Consumer and Business Services issued under ORS 744.062
or 744.710, as appropriate, for an insurance producer in the classes of property and casualty
insurance or under an indorsement that authorizes the person to act as a managing general
agent.
(2) A travel insurance administrator and employees of the travel insurance administrator
are not subject to the requirement under ORS 744.505 to obtain a license to engage in busi-
ness as an adjuster with respect to travel insurance policies that the travel insurance ad-
ministrator administers.
(3) An insurer is responsible for the acts of a travel insurance administrator adminis-
tering travel insurance that the insurer underwrites and for ensuring that the travel insur-
ance administrator maintains all books and records relevant to the insurer that the travel
insurance administrator must make available to the director at the director’s request.
Enrolled House Bill 2128 (HB 2128-A)Page 2
SECTION 5. (1) Notwithstanding any other provisions of the Insurance Code, travel in-
surance must be classified and filed for the purpose of rates and forms under an inland ma-
rine line of insurance, except that travel insurance that provides coverage for sickness,
accident, disability or death occurring during travel, either exclusively or in conjunction with
related coverages for emergency evacuation or repatriation of remains, or incidental limited
property and casualty benefits such as baggage loss or trip cancellation, may be filed under
either an accident and health line of insurance or an inland marine line of insurance.
(2) An insurer may issue travel insurance as blanket travel insurance, group travel in-
surance or as a policy that covers an individual.
(3) An insurer may develop and use eligibility and underwriting standards for travel in-
surance based on travel protection plans that are designed for an individual or an eligible
group if the eligibility and underwriting standards otherwise meet the requirements of
sections 2 to 5 of this 2025 Act and ORS 744.101 to 744.107 and other standards that apply to
insurance that covers inland marine risks.
(4) Travel assistance services are not insurance and are not related to insurance.
SECTION 6.
ORS 744.101 is amended to read:
744.101. As used in ORS 744.101 to 744.107:
(1) “Aggregator site” means a website that displays information about insurance pro-
ducts from more than one insurer, and information about each insurer, for use in compar-
ison shopping.
(2) “Blanket travel insurance” means a travel insurance policy that an insurer issues to
an eligible group providing coverage for specific classes of persons defined in the policy, each
member of which the policy covers without a separate charge to the member.
[(1)] (3) “Business entity” has the meaning given that term in ORS 731.116.
(4) “Cancellation fee waiver” means a travel supplier’s contractual agreement with a
customer to waive some or all of the nonrefundable cancellation provisions in a contract for
travel without regard to the reason for the cancellation or the form of reimbursement.
(5) “Eligible group” means a group of two or more persons that are engaged in a common
enterprise or that have an economic, educational or social affinity or relationship, including
but not limited to a group composed of:
(a) Entities that engage in the business of providing travel or travel services that have,
or that have customers that have, a common exposure to risk that is related to travel, such
as:
(A) Tour operators, lodging providers, owners of vacation property, hotels, resorts, travel
clubs, travel agencies, property managers, cultural exchange programs or other business
entities that engage in the business of providing travel or travel services; and
(B) Airlines, cruise lines, railroads, steamship companies, bus lines or other common
carriers or operators, owners or lessors of vehicles, equipment or other means of trans-
porting passengers;
(b) Schools, colleges or other institutions of learning and the students, teachers, em-
ployees or volunteers that attend, work at or provide services to the institutions of learning;
(c) A business entity and individuals with an economic relationship to the business entity,
such as:
(A) Employees;
(B) Officers and directors; and
(C) Other persons that perform work for or provide services to the business entity in-
cluding, but not limited to, volunteers, contractors, dependents and guests;
(d) A sports team or sports camp, sponsors of the sports team or sports camp and
members, campers, officials, supervisors, employees and other participants or volunteers
associated with the sports team or sports camp;
Enrolled House Bill 2128 (HB 2128-A) Page 3
(e) A religious, charitable, recreational, educational or civic organization, or a branch of
the organization, and members and participants in the organization or volunteers for the
organization;
(f) A financial institution or financial institution vendor, or a parent holding company,
trustee or agent of, or designated by, one or more financial institutions or financial institu-
tion vendors, including account holders, credit card holders, debtors, guarantors or pur-
chasers;
(g) An incorporated or unincorporated association, including a labor union, that has a
common interest, constitution or bylaws and is organized and maintained in good faith for
purposes other than obtaining insurance for the association’s members or participants that
covers 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 Director of the Depart-
ment of Consumer and Business Services permitting the use of a trust of one or more as-
sociations that meet the requirements of paragraph (g) of this subsection;
(i) An entertainment production company, employees of the company and participants in
the company’s productions, such as audience members, contestants and volunteers;
(j) A group organized to provide volunteer responses to such emergencies such as fire,
life-threatening medical conditions, rescues, civil defense or similar or related emergencies
including, but not limited to, a volunteer fire department, ambulance, rescue, police, court
or any first aid, civil defense or other such volunteer group;
(k) A group organized to provide volunteer responses to a need for law enforcement or
legal consultation or representation;
(L) A preschool, day care center or other care facility for children, adults or senior citi-
zen clubs;
(m) A group of renters, lessees or passengers of automobiles or trucks in which an au-
tomobile or truck rental or leasing company holds a travel insurance policy on behalf of the
renters, lessees or passengers; and
(n) Any other group for which the Director of the Department of Consumer and Business
Services has determined that the members of the group are engaged in a common enterprise
or have an economic, educational or social affinity or relationship, and that issuing the policy
would not be contrary to the public interest.
(6) “Fulfillment material” means documentation sent to the purchaser of a travel pro-
tection plan that confirms the purchase and provides details of the travel protection plan’s
coverage and assistance.
(7) “Group travel insurance” means travel insurance that an insurer issues to an eligible
group.
[(2)] (8) “Limited lines travel insurance producer” means:
(a) A managing general agent licensed under ORS 744.300 to 744.316; [ or]
(b) An insurance producer , including a limited class insurance producer, who is licensed
under ORS 744.052 to 744.089 to negotiate, sell or solicit travel insurance[ .]; or
(c) A travel insurance administrator.
[(3)] (9) “Negotiate” has the meaning given that term in ORS 731.104.
[(4)] (10) “Offer and disseminate travel insurance” means:
(a) To provide general information regarding the travel insurance, including a description of
coverage and price;
(b) To disseminate and process applications for travel insurance coverage; or
(c) To collect premiums on behalf of a limited travel insurance producer.
[(5)] (11) “Sell” has the meaning given that term in ORS 731.104.
[(6)] (12) “Solicit” has the meaning given that term in ORS 731.104.
(13) “Travel assistance services” means noninsurance services for which a consumer is
not indemnified based on a fortuitous event, and where providing the service does not result
Enrolled House Bill 2128 (HB 2128-A) Page 4
in a transfer or shifting of risk that would constitute the business of insurance and that
include, but are not limited to:
(a) Providing security advisories and information about a destination;
(b) Recommending or providing information about vaccinations and immunizations;
(c) Making reservations;
(d) Providing entertainment;
(e) Planning activities and events;
(f) Providing translations or interpretations;
(g) Enabling emergency communications;
(h) Making international legal and medical referrals, monitoring medical cases or helping
to replace prescription medications;
(i) Coordinating transportation arrangements;
(j) Providing emergency cash transfers;
(k) Helping to replace lost passports or other travel documents;
(L) Locating lost or misplaced luggage;
(m) Providing concierge services; or
(n) Providing other services that are furnished in connection with planned travel.
[(7)(a)] (14)(a) “Travel insurance” means insurance coverage for personal risks incidental 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; [or]
(D) Sickness, accident, disability or death occurring during travel[ .];
(E) Emergency evacuation;
(F) Repatriation of remains; or
(G) Any other contractual obligation to indemnify or pay a specific amount to a policy
holder upon the occurrence of a determinable contingency related to travel, as approved by
the director.
(b) “Travel insurance” does not include :
(A) A major medical [ plans providing ] plan that provides comprehensive medical protection
for travelers with trips lasting six months or longer[ .], such as coverage for individuals who work
or reside outside the United States, or for an expatriate;
(B) A class of insurance, other than travel insurance, that requires possession of a spe-
cific insurance producer’s license to transact insurance in the class;
(C) A cancellation fee waiver; or
(D) Travel assistance services.
(15)(a) “Travel insurance administrator” means a person that directly or indirectly per-
forms the following functions or services with respect to a travel insurance policy issued to
a resident of this state:
(A) Underwriting;
(B) Collecting a charge, collateral or premium; or
(C) Adjusting or settling a claim.
(b) “Travel insurance administrator” does not include a person that, with respect to a
travel insurance policy issued to a resident of this state, performs activities that consist
solely of:
(A) Work that is under the direct supervision and control of a travel insurance admin-
istrator;
(B) Work as an insurance producer acting within the scope of a license the director is-
sued under ORS 744.062;
(C) Work offering and disseminating travel insurance as a travel retailer that is regis-
tered under the license of a limited lines travel insurance producer;
Enrolled House Bill 2128 (HB 2128-A)Page 5
(D) Adjusting and settling claims in the ordinary course of work as an attorney licensed
or admitted to the practice of law in this state, if the person does not collect charges or
premiums in connection with a travel insurance policy; or
(E) Administration of the direct and assumed insurance business of another insurer.
(16) “Travel protection plan” means a plan that provides one or more of the following
products or services:
(a) Travel insurance;
(b) Travel assistance services; or
(c) A cancellation fee waiver.
[(8)] (17) “Travel retailer” means a business entity that makes , [ travel arrangements for or pro-
vides other travel services to customers ] arranges or offers travel and may offer and disseminate
travel insurance as a service to the business entity’s customers on behalf of and under the
direction of a limited lines travel insurance producer .
SECTION 7.
ORS 744.104 is amended to read:
744.104. (1)(a) The Director of the Department of Consumer and Business Services may
issue a limited lines travel insurance producer license to a person that has filed an applica-
tion for a limited lines travel insurance producer license with the director in a form and
manner that the director prescribes. A limited lines travel insurance producer must be li-
censed to solicit, offer, negotiate or sell travel insurance through a licensed insurer.
(b) A person may not act as a limited lines travel producer unless licensed as a limited
lines travel producer or as a travel retailer unless registered as a travel retailer. A person
licensed as an insurance producer in the classes of casualty insurance or property insurance
may solicit, negotiate and sell travel insurance without requiring an insurer’s appointment.
[(1)] (2) Notwithstanding the provisions of ORS 744.053, a travel retailer may offer and dissem-
inate travel insurance on behalf of and at the direction of a limited lines travel insurance producer
and may receive compensation for doing so.
[(2)] (3) A limited lines travel insurance producer may direct a travel retailer to offer and dis-
seminate travel insurance [ pursuant to ] under subsection [ (1)] (2) of this section only if [ the follow-
ing conditions are met ]:
[(a) The name, contact information and license number of the limited travel insurance producer are
clearly identified on marketing materials and fulfillment packages distributed by the travel retailer to
customers;]
(a) The travel retailer or the limited lines travel insurance producer provides to pur-
chasers of travel insurance:
(A) The material terms or actual terms of the coverage that the travel insurance policy
provides;
(B) The process for filing a claim;
(C) A description of the review and cancellation process for the travel insurance policy;
and
(D) The identity of and contact information for the limited lines travel insurance pro-
ducer and the insurer;
(b) The limited lines travel insurance producer, at the time of licensure and thereafter, estab-
lishes and maintains a register, in a form [ approved by the Director of the Department of Consumer
and Business Services ], that contains the following information for each travel retailer that offers
and disseminates travel insurance at the direction of the limited lines travel insurance producer:
(A) The name, address, contact information and federal [ employer] tax identification number of
the travel retailer; and
(B) The name, address and contact information of an officer or person who directs or controls
the operations of the travel retailer; [ and]
[(C) An affidavit executed under oath by the travel retailer stating that the travel retailer is not
guilty of any offense under 18 U.S.C. 1033; ]
Enrolled House Bill 2128 (HB 2128-A) Page 6
(c) The limited lines travel insurance producer submits the register described in paragraph (b)
of this subsection to the director within 30 days [ of] after a request by the director;
(d) The limited lines travel insurance producer certifies that the travel retailer complies
with 18 U.S.C. 1033;
[(d)] (e) The limited lines travel insurance producer designates an employee who is [ a limited
travel] an insurance producer as responsible for ensuring [ the compliance of ] the limited lines travel
insurance [ producer] producer’s compliance with the laws, rules and regulations of this state;
[(e)] (f) The employee designated in paragraph [ (d)] (e) of this subsection, as well as the presi-
dent, secretary, treasurer and any other person who directs or controls the insurance operations
of the limited lines travel insurance producer[ ,] all comply with fingerprinting requirements estab-
lished by the director;
[(f)] (g) The limited lines travel insurance producer does not owe any outstanding fees relating
to insurance licensing; and
[(g)] (h) Each employee of the travel retailer whose duties include offering and disseminating
travel insurance receives a program of instruction or training that contains instructions on the
types of insurance offered, ethical sales practices, required disclosures to customers and any other
content that the director may prescribe.
[(3)] (4) A travel retailer that offers and disseminates travel insurance shall make available to
[customers] prospective purchasers brochures or other written materials that are approved by the
insurer that issues the travel insurance and that, at a minimum :
(a) Provide the identity and contact information of the insurer and the limited lines travel in-
surance 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 a travel retailer that is not a limited lines travel insurance producer [ is not
qualified or authorized to ] may not answer technical questions about the terms and conditions of
the travel insurance [ offered by ] the travel retailer offers [ or to ] and may not evaluate the ade-
quacy of a [ customer’s] prospective purchaser’s existing insurance coverage , but may provide
only general information about the insurance that the travel retailer offers, including a de-
scription of the coverage and the price .
[(4)] (5) [ A] An employee or authorized representative of a travel retailer that is not a lim-
ited lines travel insurance producer may not:
(a) Evaluate or interpret the technical terms, benefits or conditions of travel insurance [ offered
by] the travel retailer offers ;
(b) Evaluate or [ advise] provide advice concerning a prospective purchaser’s existing insurance
coverage; or
(c) [ Hold itself out as ] Represent or otherwise indicate that the employee or authorized
representative is an insurance expert , an insurer, a licensed insurance producer or a limited
lines travel insurance producer.
(6) A limited lines travel insurance producer is a designee of an insurer and is responsible
for the acts of a travel retailer to which the limited lines travel insurance producer has given
direction or authorization to offer and disseminate travel insurance. The limited lines travel
insurance producer shall use reasonable means to ensure the travel retailer’s compliance
with this section.
(7) The director may suspend, revoke or refuse to renew the license of a limited lines
travel insurance producer on the same basis and to the same extent that the director may
suspend, revoke or refuse to renew the license of an insurance producer under ORS 744.074.
SECTION 8. ORS 744.107 is amended to read:
744.107. If the Director of the Department of Consumer and Business Services determines that
a travel retailer has violated any provision of ORS 744.101 [ or 744.104] to 744.107, the director may,
in addition to imposing any penalties authorized under the Insurance Code , [ :]
Enrolled House Bill 2128 (HB 2128-A) Page 7
[(1)] direct the limited lines travel insurance producer to implement a corrective action plan
with the travel retailer[ ;] or :
[(2) Direct the limited travel insurance producer to revoke its authorization of the travel retailer
to transact travel insurance on its behalf and under its license and to remove the travel retailer from
its register described in ORS 744.104 (2)(b). ]
(1) Revoke any authorization the travel retailer has from the limited lines travel insur-
ance producer to transact insurance on behalf of, and under the license of, the limited lines
travel insurance producer; and
(2) Remove the travel retailer from the register described in ORS 744.104 (4)(b).
SECTION 9.
ORS 744.111 is amended to read:
744.111. The Director of the Department of Consumer and Business Services [ shall] may adopt
rules to implement and administer the provisions of ORS 744.101 to 744.107.
SECTION 10. (1) Sections 2 to 5 of this 2025 Act and the amendments to ORS 744.101,
744.104, 744.107 and 744.111 by sections 6 to 9 of this 2025 Act apply to travel insurance that
covers a resident of this state, that is solicited, offered, negotiated or sold in this state and
for which policies and certificates are issued or delivered in this state on or after the oper-
ative date specified in section 11 of this 2025 Act.
(2) Sections 2 to 5 of this 2025 Act and the amendments to ORS 744.101, 744.104, 744.107
and 744.111 by sections 6 to 9 of this 2025 Act do not apply to travel assistance services or
cancellation fee waivers except as otherwise provided in sections 2 to 5 of this 2025 Act and
the amendments to ORS 744.101, 744.104, 744.107 and 744.111 by sections 6 to 9 of this 2025
Act.
(3) Except as provided in sections 2 to 5 of this 2025 Act and the amendments to ORS
744.101, 744.104, 744.107 and 744.111 by sections 6 to 9 of this 2025 Act, the provisions of the
Insurance Code apply to travel insurance.
SECTION 11. (1) Sections 2 to 5 of this 2025 Act and the amendments to ORS 744.101,
744.104, 744.107 and 744.111 by sections 6 to 9 of this 2025 Act become operative on January
1, 2026.
(2) The Director of the Department of Consumer and Business Services may adopt rules
and take any other action before the operative date specified in subsection (1) of this section
that is necessary to enable the director, on and after the operative date specified in sub-
section (1) of this section, to undertake and exercise all of the duties, functions and powers
conferred on the director by sections 2 to 5 of this 2025 Act and the amendments to ORS
744.101, 744.104, 744.107 and 744.111 by sections 6 to 9 of this 2025 Act.
SECTION 12. This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
Enrolled House Bill 2128 (HB 2128-A) Page 8
Passed by House April 14, 2025
..................................................................................
Timothy G. Sekerak, Chief Clerk of House
..................................................................................
Julie Fahey, Speaker of House
Passed by Senate May 7, 2025
..................................................................................
Rob Wagner, President of Senate
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled House Bill 2128 (HB 2128-A) Page 9