(a)

1. (1) All persons offering travel insurance to residents of this state are subject to the Trade Practices Act, Arkansas Code § 23-66-201 et seq., except as otherwise provided in this section.
2. (2) In the event of a conflict between this part and other rules regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this part shall control.

(c) Marketing.

1. (1) All documents provided to consumers prior to the purchase of travel insurance, including but not limited to sales materials, advertising materials, and marketing materials, shall be consistent with the travel insurance policy itself, including but not limited to:

   1. (A) Forms;
   2. (B) Endorsements;
   3. (C) Policies;
   4. (D) Rate filings; and
   5. (E) Certificates of insurance.
2. (2) For travel insurance policies or certificates that contain preexisting condition exclusions, information and an opportunity to learn more about the preexisting condition exclusions shall be provided any time prior to the time of purchase and in the coverage's fulfillment materials.

3. (3)

   1. (A) The fulfillment materials and the information described in 23 CAR § 39- 103(b)(1)(A) – (D) shall be provided to a policyholder or certificate holder as soon as practicable following the purchase of a travel protection plan.
   2. (B)

(b) (b) Ten (10) days after the date of delivery of the travel protection plan’s fulfillment materials by means other than postal mail.

1. (ii) For the purposes of this section, "delivery" means:

(b) (b) Sending fulfillment materials by postal mail or electronic means to the primary policyholder or primary certificate holder.

1. (4) The company shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage.

2. (5) Where travel insurance is marketed directly to a consumer through an insurer's website or by others through an aggregator site, it shall not be an unfair trade practice or other violation of law where an accurate summary or short description of coverage is provided on the web page, so long as the consumer has access to the full provisions of the policy through electronic means.

   1. (d) Opt out. 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.

(f) Where a consumer's destination jurisdiction requires insurance coverage, it shall not be an unfair trade practice to require that a consumer choose between the following options as a condition of purchasing a trip or travel package:

1. (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. (2) Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction's requirements prior to departure.