§ 8806. Sales practices for wellness programs.
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/de/title-18/chapter-88-pet-insurance-act/8806·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A pet insurer or insurance producer may not market a wellness program as pet insurance.
(1)If a wellness program undertakes to indemnify or pay another as to loss from a certain specified contingency or peril, or to pay or grant a specified amount or determinable benefit in connection with an ascertainable risk contingency, the wellness program is transacting in the business of insurance and is subject to the Insurance Code.
(2)The definition for “wellness program” under § 8803 of this title does not classify a contract directly between a service provider and a pet owner that involves only the 2 parties as being “the business of insurance,” unless another indication of insurance also exists.
(b)If a pet insurer or insurance producer sells a wellness program, all of the following apply:
(1)The purchase of the wellness program must not be a requirement to the purchase of pet insurance.
(2)The cost of the wellness program must be separate and identifiable from a pet insurance policy that a pet insurer or insurance producer sells.
(3)The terms and conditions for the wellness program must be separate from a pet insurance policy that a pet insurer or insurance producer sells.
(4)A product or coverage available through the wellness program may not duplicate a product or coverage available through the pet insurance policy.
(5)The advertising of the wellness program must not be misleading and must meet the requirements of this subsection.
(6)A pet insurer or producer shall clearly disclose all of the following to consumers, printed in 12-point boldface type:
a. That a wellness program is not insurance.
b. The address and customer service telephone number of the pet insurer or insurance producer or broker of record.
c. The Department of Insurance’s mailing address, toll-free telephone number, and website address.
(c)Coverage included in a pet insurance policy contract described as a “wellness” benefit is insurance.