Travel Insurance Act, N.J.S.A. 17:46E-1 to -9

MIKIE SHERRILL

Governor

DR. DALE G. CALDWELL

Lt. Governor

State of New Jersey

DEPARTMENT OF BANKING AND INSURANCE

OFFICE OF THE COMMISSIONER

PO BOX 325

TRENTON, NJ 08625-0325

TEL (609) 633-7667

SUSAN OCHS

Acting Commissioner

BULLETIN NO. 26-02

TO:

LICENSED INSURANCE PRODUCERS, TRAVEL ADMINISTRATORS,

TRAVEL RETAILERS, AND ALL INSURERS AUTHORIZED OR

ADMITTED IN NEW JERSEY

FROM:

SUSAN OCHS, ACTING COMMISSIONER

RE:

TRAVEL INSURANCE ACT, N.J.S.A. 17:46E-1 TO -9

The purpose of this bulletin is to provide guidance regarding N.J.S.A. 17:46E-1 to -9, the Travel

Insurance Act (“Act”), which will become effective on April 18, 2026. The Act’s purpose is to

promote the public welfare by creating a comprehensive legal framework within which travel

insurance1 may be sold in New Jersey. The Act applies to travel insurance policies that cover any

New Jersey resident, and are sold, solicited, negotiated, or offered in New Jersey, and policies and

certificates that are delivered or issued for delivery in New Jersey. N.J.S.A. 17:46E-2.

The Department of Banking and Insurance (“Department”) will promulgate regulations to

effectuate the purposes of the Act. Prior to the promulgation of regulations, insurance producers,

travel retailers, travel administrators, and insurers must still comply with the Act.

Producer License Requirements

A producer license is required to sell, solicit, or negotiate; or to act as a travel administrator2 who

directly or indirectly underwrites, collects charges, collateral, or premiums from, or adjusts or

1 Travel insurance is defined as “insurance coverage for personal risks incident to planned travel,

including: interruption or cancellation of trip or event; loss of baggage or personal effects; damages

to accommodations or rental vehicles; sickness, accident, disability or death occurring during

travel; emergency evacuation; repatriation of remains; or any other contractual obligations to

indemnify or pay a specified amount to the trav

coverage for personal risks incident to planned travel,

including: interruption or cancellation of trip or event; loss of baggage or personal effects; damages

to accommodations or rental vehicles; sickness, accident, disability or death occurring during

travel; emergency evacuation; repatriation of remains; or any other contractual obligations to

indemnify or pay a specified amount to the traveler upon determinable contingencies related to

travel as approved by the commissioner. Travel insurance does not include major medical plans

that provide comprehensive medical protection for travelers with trips lasting longer than six

months, including, for example, those working or residing overseas as an expatriate or any other

product that requires a specific insurance producer license.” N.J.S.A. 17:46E-3.

2 A person shall not be considered a travel administrator if that person’s only actions that would

otherwise cause it to be considered a travel administrator are among the following: a person

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Page 2 of 5

settles claims on, residents of this State in connection with travel insurance. (collectively, “Travel

Insurance Producer”). N.J.S.A. 17:46E-4a; N.J.S.A. 17:46E-8a. Individuals or business entities

must be licensed in New Jersey as an insurance producer with authority in property or casualty or

limited lines travel insurance to sell, solicit, or negotiate travel insurance. N.J.S.A. 17:46E-4a;

N.J.S.A. 17:46E-4g. A travel administrator must be licensed as insurance producer with authority

in property and casualty, or act in the capacity of a managing general agent pursuant to N.J.S.A.

17:22C-2; N.J.A.C. 11:17-6.3. See, N.J.S.A. 17:46E-8a.

Travel Insurance Producer Responsibilities

The Act imposes several responsibilities on Travel Insurance Producers

nsurance. N.J.S.A. 17:46E-4a;

N.J.S.A. 17:46E-4g. A travel administrator must be licensed as insurance producer with authority

in property and casualty, or act in the capacity of a managing general agent pursuant to N.J.S.A.

17:22C-2; N.J.A.C. 11:17-6.3. See, N.J.S.A. 17:46E-8a.

Travel Insurance Producer Responsibilities

The Act imposes several responsibilities on Travel Insurance Producers. A Travel Insurance

Producer must take certain steps, including designating a responsible producer, paying licensing

fees, establishing a register of each travel retailer, and requiring travel retailers’ employees and

representatives to receive training as described below before a travel retailer can offer and

disseminate travel insurance under the Travel Insurance Producer’s business entity license. The

Travel Insurance Producer is also responsible for the travel retailer’s insurance-related conduct.

Designated Responsible Producer

Travel Insurance Producers must designate a “designated responsible producer.” This individual

shall be accountable for ensuring the producer’s compliance, as well as that of its registrants, with

all applicable travel insurance laws and regulations. N.J.S.A. 17:46E-4b(3). The designated

responsible producer president, secretary, treasurer, and any other officer or person who directs or

controls the Travel Insurance Producer's insurance operations must comply with the fingerprinting

requirements applicable to insurance producers in the resident state of the limited lines travel

insurance producer. N.J.S.A. 17:46E-4b(4). The Travel Insurance Producer must also pay all

applicable licensing fees. N.J.S.A. 17:46E-4b(5).

Register of Travel Retailers

While a Travel Insurance Producer has been required to establish and maintain a register of each

travel retailer that offers insurance on its behalf pursuant to N.J.A.C. 11:17-2.4(b), the register is

now on a form prescribed by the Commissioner of the Department (“Commissioner”). N.J.S.A.

17:46E-4b(2)

so pay all

applicable licensing fees. N.J.S.A. 17:46E-4b(5).

Register of Travel Retailers

While a Travel Insurance Producer has been required to establish and maintain a register of each

travel retailer that offers insurance on its behalf pursuant to N.J.A.C. 11:17-2.4(b), the register is

now on a form prescribed by the Commissioner of the Department (“Commissioner”). N.J.S.A.

17:46E-4b(2). The Travel Insurance Producer must also certify that the travel retailers comply

with 18 U.S.C. § 1033. Ibid. The Travel Insurance Producer must submit the register to the

Department upon reasonable request. Ibid. The register is attached hereto as Appendix A.

working for a travel administrator to the extent that the person’s activities are subject to the

supervision and control of the travel administrator; an insurance producer selling insurance or

engaged in administrative and claims-related activities within the scope of the producer’s license;

a travel retailer offering and disseminating travel insurance and registered under the license of a

limited lines travel insurance producer in accordance with P.L.2025, c.153 (C.17:46E-1 et seq.);

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 a business entity that is affiliated with a licensed insurer while acting

as a travel administrator for the direct and assumed insurance business of an affiliated insurer.

N.J.S.A. 17:46E-3.

l 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 a business entity that is affiliated with a licensed insurer while acting

as a travel administrator for the direct and assumed insurance business of an affiliated insurer.

N.J.S.A. 17:46E-3.

Page 3 of 5

Training of Travel Retailers

The training that a Travel Insurance Producer requires of each travel retailer employee whose

duties include offering and disseminating travel insurance under N.J.A.C. 11:17-2.4(b)2 must now

include, at a minimum, adequate instructions on the types of insurance offered, ethical sales

practices, and required disclosures to prospective customers. N.J.S.A. 17:46E-4b(6).

Responsible for Conduct of Travel Retailers

Travel Insurance Producers are responsible for the insurance-related conduct of all travel retailers

registered with the licensee, and the travel retailer's employees and authorized representatives.

N.J.A.C. 11:17-2.4(b)4; N.J.S.A. 17:46E4-f.

Travel Retailers

A travel retailer is a business entity that makes, arranges, or offers planned travel and may offer

and disseminate travel insurance as a service to its customers on behalf of and under the direction

of a Travel Insurance Producer. N.J.S.A. 17:46E-3.

A travel retailer who is not licensed as an insurance producer cannot evaluate or interpret the

technical terms, benefits, and conditions of the offered travel insurance coverage; evaluate or

provide advice concerning a prospective purchaser’s existing insurance coverage; or hold itself

out as a licensed insurer, licensed producer, or insurance expert. N.J.S.A. 17:46E-4d.

A travel retailer and its employees may offer travel insurance if they are properly registered with

a Travel Insurance Producer. N.J.A.C. 11:17-2.4. Travel retailers must also comply with 18 U.S.C

e; evaluate or

provide advice concerning a prospective purchaser’s existing insurance coverage; or hold itself

out as a licensed insurer, licensed producer, or insurance expert. N.J.S.A. 17:46E-4d.

A travel retailer and its employees may offer travel insurance if they are properly registered with

a Travel Insurance Producer. N.J.A.C. 11:17-2.4. Travel retailers must also comply with 18 U.S.C.

§1033, which prohibits a person who has been convicted of a felony involving dishonesty of a

breach of trust from engaging in the business of insurance without having first obtained the written

consent of the Commissioner. In order to satisfy this requirement, said person must apply for a

waiver under N.J.A.C. 11:17E-1.1 to -1.7.

Provision of certain materials to prospective purchasers and purchasers of travel insurance

Travel retailers shall make available to prospective purchasers written materials that have been

approved by the travel insurer. Pursuant to N.J.S.A. 17:46E-4c, the materials must include

information that, at a minimum, provide:

• the identity and contact information of the insurer and the limited lines travel insurance

producer;

• explains that the purchase of travel insurance is not required in order to purchase any

other product or service from the travel retailer; and

• explains that an unlicensed travel retailer is permitted to provide only general information

about the insurance offered by the travel retailer, including a description of the coverage

and price, but is not qualified or authorized to answer technical questions about the terms

and conditions of the insurance offered by the travel retailer or to evaluate the adequacy of

the customer’s existing insurance coverage.

A travel retailer or Travel Insurance Producer is required to ensure that purchasers of travel

insurance receive, at a minimum, all the information regarding: a description of the material terms

or the actual material terms of the insurance coverage; how to file a claim; how to review or cancel

d by the travel retailer or to evaluate the adequacy of

the customer’s existing insurance coverage.

A travel retailer or Travel Insurance Producer is required to ensure that purchasers of travel

insurance receive, at a minimum, all the information regarding: a description of the material terms

or the actual material terms of the insurance coverage; how to file a claim; how to review or cancel

Page 4 of 5

the travel insurance policy; and the identity and contact information of the insurer and limited lines

travel insurance producer. N.J.S.A. 17:46E-4b(1). These materials shall be provided to a

policyholder or certificate holder as soon as practicable, following the purchase of a travel

protection plan. N.J.S.A. 17:46E-7c(3).

Prohibited Conduct

All persons offering travel insurance to New Jersey residents are subject to N.J.S.A. 17:29B-3,

which prohibits persons from engaging in any unfair method of competition or an unfair or

deceptive act or practice in the business of insurance. N.J.S.A. 17:46E-7. For example, offering

or selling a travel insurance policy that could never result in payment of any claims, and marketing

blanket travel insurance coverage as free are unfair trade practices. N.J.S.A. 17:46E-7b, e.

Insurers

The insurer is responsible for approving the written materials which travel retailers must make

available to prospective purchasers pursuant to N.J.S.A. 17:46E-4c.

An insurer is responsible for the acts of a travel administrator who administers travel insurance

underwritten by the insurer. N.J.S.A. 17:46E-8b. The insurer is also responsible for ensuring that

the travel administrator maintains all books and records relevant to the insurer, which must be

made available by the travel administrator to the Commissioner upon request. Ibid.

Classification and Filing of Rates, Rules, and Forms

Travel insurance shall be classified and filed for purposes of rates and forms under a personal

inland marine line of insurance or an accident and health line of insurance

administrator maintains all books and records relevant to the insurer, which must be

made available by the travel administrator to the Commissioner upon request. Ibid.

Classification and Filing of Rates, Rules, and Forms

Travel insurance shall be classified and filed for purposes of rates and forms under a personal

inland marine line of insurance or an accident and health line of insurance. N.J.S.A. 17:46E-9a.

Insurers must file their rates, rules, and forms through the System for Electronic Rates and Forms

Filing (“SERFF”). Travel policies providing coverage for only accident and sickness must be filed

as an accident and health policy. All other travel policies must be filed as a personal inland marine

policy.

All individual product filings under the Act must comply with the laws governing individual

filings, and all group product filings under the Act must comply with the laws governing group

filings, pursuant to N.J.S.A. 17:29A-1 et. seq., N.J.S.A. 17B:26-1 et. seq., and N.J.S.A. 17B:27-

26 et. seq., regardless of which line of insurance is used for the filing.

If filing under a personal inland marine, insurers should choose the type of insurance (“TOI”) of

09.0 Inland Marine, and the Sub-TOI of 09.0009 Travel Coverage. If filing under health, insurers

should choose the TOI of H19G Group Health – Travel.

Filings must also include a certification signed by a responsible officer of the insurer that the forms

comply with all laws, rules, bulletins, and published guidelines applicable to the particular type of

form. The certification may be included in the text of the cover letter if the cover letter is signed

by a responsible officer of the insurer.

hoose the TOI of H19G Group Health – Travel.

Filings must also include a certification signed by a responsible officer of the insurer that the forms

comply with all laws, rules, bulletins, and published guidelines applicable to the particular type of

form. The certification may be included in the text of the cover letter if the cover letter is signed

by a responsible officer of the insurer.

Page 5 of 5

When submitting filings, insurers must clearly state what changes have been made from prior

filings. Insurers should not include any revisions to the rating systems other than those required

to provide the certification. Any additional changes must be submitted separately through SERFF

on a prior approval basis.

Products that were approved as of the effective date of the Act will continue to be in force as

previously approved. Travel insurance products contained in a rider or as a part of another policy

shall not be subject to the Act and shall continue to be governed by the laws applicable to that

product type.

Premium Tax

An insurer shall pay a premium tax on travel insurance premiums paid by any of the following: an

individual primary policyholder who is a resident of this State; a primary certificate-holder who is

a resident of this State who elects coverage under a group travel insurance policy; or a blanket

travel insurance policyholder that is a resident in or has its principal place of business or the

principal place of business of an affiliate or subsidiary that has purchased blanket travel insurance

in this State for eligible blanket group members, subject to any apportionment rules which apply

to the insurer across multiple taxing jurisdictions or that permit the insurer to allocate premium on

an apportioned basis in a reasonable and equitable manner in those jurisdictions. N.J.S.A. 17:46E-

5a. Information regarding premium taxes is found in N.J.S.A. 54:18A-1 et seq.

_ 4/1/2026

Date

Susan Ochs

Acting Commissioner

Jd travel ins bul/Bulletins

to any apportionment rules which apply

to the insurer across multiple taxing jurisdictions or that permit the insurer to allocate premium on

an apportioned basis in a reasonable and equitable manner in those jurisdictions. N.J.S.A. 17:46E-

5a. Information regarding premium taxes is found in N.J.S.A. 54:18A-1 et seq.

_ 4/1/2026

Date

Susan Ochs

Acting Commissioner

Jd travel ins bul/Bulletins

MIKIE SHERRILL

Governor

DR. DALE G. CALDWELL

Lt. Governor

State of New Jersey

DEPARTMENT OF BANKING AND INSURANCE

PO BOX 325

TRENTON, NJ 08625-0325

TEL (609) 292-7272

SUSAN OCHS

Acting Commissioner

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APPENDIX A

LIMITED LINES TRAVEL INSURANCE PRODUCER REGISTER

Pursuant to N.J.S.A. 17:46E-4b(2), at the time of licensure, the limited lines travel insurance

producer shall establish and maintain a register of each travel retailer that offers travel insurance

on the limited lines travel insurance producer’s behalf. The limited lines travel insurance producer

shall submit the register to the Department of Banking and Insurance upon reasonable request.

The list may be maintained on paper, on electronic media, or both.

I, _________________________________(name), as ___________________ (title) of

______________________________ (business name), a licensed limited lines travel insurance

producer in the State of New Jersey, hereby acknowledge that Attachment A is a complete and

accurate register of travel retailers offering travel insurance on behalf of ____________________

(business name) as of ____________________(date).

Pursuant to Section 1033 of Title 18 of the United States Code (18 U.S.C. § 1033), the

undersigned Limited Lines Travel Insurance Producer hereby certifies the following:

☐ The travel retailers are not barred from participating in the business of insurance under 18 U.S.C.

§ 1033

rs offering travel insurance on behalf of ____________________

(business name) as of ____________________(date).

Pursuant to Section 1033 of Title 18 of the United States Code (18 U.S.C. § 1033), the

undersigned Limited Lines Travel Insurance Producer hereby certifies the following:

☐ The travel retailers are not barred from participating in the business of insurance under 18 U.S.C.

§ 1033.

☐ The insurance producer has confirmed that no officer, director, employee, or controlling person

has been convicted of a felony involving dishonesty or breach of trust and is prohibited from

engaging in the business of insurance under 18 U.S.C. § 1033 without written consent from an

insurance regulatory official.

☐ If applicable, any individual subject to 18 U.S.C. § 1033 has obtained the required written

consent from the appropriate regulatory authority.

2

Signature:

_____________________________

Printed Name:

_____________________________

Business Name:

_____________________________

Title (please print):

_____________________________

Date:

_____________________________

3

TRAVEL RETAILER REGISTER

Traveler Retailer Information

Director or Controller

Legal

Business

Name of

Travel

Retailer

DBA (if

applicable)

Address

Email

Phone

Federal

Tax ID

Number

Name

Title

Address

Email

Phone