{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-6716","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-6716","heading":"Application of Unfair Trade Practices Act","body":"A. All persons offering travel insurance to residents of this\n\nstate are subject to the Unfair Trade Practices Act pursuant to\n\nSections 1201 through 1219 of this title, except as otherwise\n\nprovided in this section. In the event of a conflict between the\n\nTravel Insurance Act and other provisions of this title regarding\n\nthe sale and marketing of travel insurance and travel protection\n\nplans, the provisions of the Travel Insurance Act shall control.\n\nB. Offering or selling a travel insurance policy that could\n\nnever result in payment of any claims for any insured under the\n\npolicy is an unfair trade practice under Section 1203 of this title.\n\nC. Marketing.\n\n1. All documents provided to consumers prior to the purchase of\n\ntravel insurance including, but not limited to, sales materials,\n\nadvertising materials and marketing materials, shall be consistent\n\nwith the travel insurance policy including, but not limited to,\n\nforms, endorsements, policies, rate filings and certificates of\n\ninsurance.\n\n2. For travel insurance policies or certificates that contain\n\npre-existing condition exclusions, information about the pre-\n\nexisting condition exclusions shall be provided prior to the time of\n\npurchase and shall be in the fulfillment materials of the coverage.\n\n3. The fulfillment materials and the information described in\n\nparagraph 1 of subsection B of Section 6713 of this title shall be\n\nprovided to a policyholder or certificate holder as soon as\n\npracticable following the purchase of a travel protection plan.\n\nUnless the insured has either started a covered trip or filed a\n\nclaim under the travel insurance coverage, a policyholder or\n\ncertificate holder may cancel a policy or certificate for a full\n\nrefund of the travel protection plan price from the date of purchase\n\nof the travel protection plan until at least:\n\na. fifteen (15) days following the date of delivery by\n\nmail of the fulfillment materials of the travel\n\nprotection plan, or\n\nb. ten (10) days following the date of delivery by other\n\nmeans of the fulfillment materials of the travel\n\nprotection plan.\n\n4. The company shall disclose in the policy documentation and\n\nfulfillment materials whether the travel insurance is primary or\n\nsecondary to other applicable coverage.\n\n5. Where travel insurance is marketed directly to a consumer\n\nthrough a website of the insurer or by others through an aggregator\n\nsite, it shall not be an unfair trade practice or other violation of\n\nlaw where an accurate summary or short description of coverage is\n\nprovided on the web page, so long as the consumer has access to the\n\nfull provisions of the policy through electronic means.\n\nD. A person offering, soliciting or negotiating travel\n\ninsurance or travel protection plans on an individual or group basis\n\nshall not use negative option or opt-out, which would require a\n\nconsumer to take an affirmative action to deselect coverage such as\n\nunchecking a box on an electronic form when the consumer purchases a\n\ntrip.\n\nE. It shall be an unfair trade practice to market blanket\n\ntravel insurance coverage as free.\n\nF. Where the destination jurisdiction of the consumer requires\n\ninsurance coverage, it shall not be an unfair trade practice to\n\nrequire that the consumer choose between the following options as a\n\ncondition of purchasing a trip or travel package:\n\n1. Purchasing the coverage required by the destination\n\njurisdiction through the travel retailer or limited lines travel\n\ninsurance producer supplying the trip or travel package; or\n\n2. Agreeing to obtain and provide proof of coverage that meets\n\nthe requirements of the destination jurisdiction prior to departure.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d7c38449c913afee43c74a827439079b1ef7082f4d7482ad46c393a4d44996cf","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-6715","next":"us-ok/okla.-stat.-tit.-36-36-6717"},"notice":"GroundRules: Original legal text. Not legal advice."}