Okla. Stat. tit. 36, § 36-6716

A. All persons offering travel insurance to residents of this

state are subject to the Unfair Trade Practices Act pursuant to

Sections 1201 through 1219 of this title, except as otherwise

provided in this section. In the event of a conflict between the

Travel Insurance Act and other provisions of this title regarding

the sale and marketing of travel insurance and travel protection

plans, the provisions of the Travel Insurance Act shall control.

B. Offering or selling a travel insurance policy that could

never result in payment of any claims for any insured under the

policy is an unfair trade practice under Section 1203 of this title.

C. Marketing.

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 including, but not limited to,

forms, endorsements, policies, rate filings and certificates of

insurance.

2. For travel insurance policies or certificates that contain

pre-existing condition exclusions, information about the pre-

existing condition exclusions shall be provided prior to the time of

purchase and shall be in the fulfillment materials of the coverage.

3. The fulfillment materials and the information described in

paragraph 1 of subsection B of Section 6713 of this title shall be

provided to a policyholder or certificate holder as soon as

practicable following the purchase of a travel protection plan.

Unless the insured has either started a covered trip or filed a

claim under the travel insurance coverage, a policyholder or

Oklahoma Statutes - Title 36. Insurance Page 1353

certificate holder may cancel a policy or certificate for a full

refund of the travel protection plan price from the date of purchase

of the travel protection plan until at least:

a. fifteen (15) days following the date of delivery by

mail of the fulfillment materials of the travel

protection plan, or

b. ten (10) days following the date of delivery by other

means of the fulfillment materials of the travel

protection plan.

4. The company shall disclose in the policy documentation and

fulfillment materials whether the travel insurance is primary or

secondary to other applicable coverage.

5. Where travel insurance is marketed directly to a consumer

through a website of the insurer 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.

D. A person offering, soliciting or negotiating travel

insurance or travel protection plans on an individual or group basis

shall not use 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.

E. It shall be an unfair trade practice to market blanket

travel insurance coverage as free.

F. Where the destination jurisdiction of the consumer requires

insurance coverage, it shall not be an unfair trade practice to

require that the consumer choose between the following options as a

condition of purchasing a trip or travel package:

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. Agreeing to obtain and provide proof of coverage that meets

the requirements of the destination jurisdiction prior to departure.