On April 18, 2026, New Jersey made effective the Travel Insurance Act designed to promote public welfare by creating a comprehensive legal framework in which travel coverage could be sold in the state. Applying to travel insurance policies that cover any New Jersey resident, and policies which 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 Act is expected to be supported by regulations to be promulgated by the New Jersey Department of Banking & Insurance (the “Department “). In the interim, the Department issued Bulletin NO. 26-02 (the “Bulletin”) on April 1, 2026, to provide guidance to the insurance industry, including licensed insurance producers, travel administrators, travel retailers and all authorized or admitted insurers in New Jersey who might be involved in such coverage. The Bulletin is linked here:
https://www.nj.gov/dobi/bulletins/blt26_02.pdf.
The Bulletin confirms the requirements for the sale of travel insurance, including a producers’ license to sell, solicit or to negotiate, or to act as a travel administrator (defined in the Bulletin and at N.J.S.A. 17:46E-3), to directly or indirectly underwrite, collect, charge, accept collateral, or collect premium from, or adjust or settle 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.
The Bulletin outlines the responsibilities of Travel Insurance Producers and requires that each such producer designate a “designated responsible producer” to be accountable for assuring 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).
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”) and is set forth at Appendix “A” to the linked bulletin). Further, the register must be submitted to the Department upon reasonable request. Ibid. 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 bulletin describes 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, which must 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). 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.
Furthermore, the Bulletin addresses the requirements for travel retailers. The 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.
The Act and the Bulletin mandate disclosure of the provision of certain materials to prospective purchasers and purchasers of travel insurance, and the sale of such insurance triggers application of the laws prohibiting persons from engaging in any unfair method of competition or an unfair or deceptive act or practice in the business of insurance, such as 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-7.
The Act holds the insurer 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.
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 accidents 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:2726 et. seq., regardless of which line of insurance is used for the filing.
Further details on the sale, issuance, rates and form filing and payment of premium tax as to Travel Insurance are more fully addressed in the attached Bulletin.
