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Office of Insurance Regulation

Freedom to Travel
Life Insurance Issue in Florida

On March 18, 2008, the Office issued a press release regarding the Office's administrative complaint against American General Life Insurance Company.

Freedom to Travel is an issue that pertains to how life insurance companies use information about an applicant’s intentions to travel to a foreign country as the basis for denying life insurance or increasing the premium for life insurance.

The issue gained public attention after U.S. Rep. Debbie Wasserman Shultz, (D-FL), had her application to increase her life insurance denied due to her “intent to travel” to a foreign country.Video Icon

Insurance Commissioner Kevin McCarty outlined the Office’s efforts at addressing the Freedom to Travel issue in a Dec. 5, 2005 Letter to Rep. Wasserman Schultz.

Commissioner McCarty’s efforts helped lead the Florida Legislature to pass the “Freedom to Travel Act,” in 2006, which was codified into law at Section 626.9541(1)(dd), Florida Statutes. Commissioner McCarty urged Gov. Jeb Bush to sign the law in a Letter to the Governor dated May 2, 2006. The Financial Services Commission finalized Rule 69O-125.003, Florida Administrative Code, Nov. 1, 2007.

The Office issued its annual report, 2008 Report on Life Insurance Limitations on Freedom to Travel March 1, 2008. The Office issued a similar report in 2007.

The law allows companies to utilize foreign travel in underwriting provided they can demonstrate travelers to a specific destination constitute an actuarially supportable class. One company, Monumental Life Insurance, petitioned for a variance from Rule 69O-125.003. The Office has issued an order granting the variance, for two years (ending February 15, 2010), for travel to Iraq and Afghanistan based on the 'increased risk of death."

The Office maintains a list of 105 companies that use travel-related questions on their applications.

Since the passage of this legislation, the Office has fined companies more than $100,000 for noncompliance with the statute:

  • American General Life & Accident ($7,500)
  • Americo Financial Life & Annuity ($3,000)
  • CUNA Mutual Life ($7,500)
  • Great-West Life & Annuity ($22,500)
  • Shenandoah Life ($22,500)
  • USAA Life ($22,500)
  • Western-Southern Life ($22,500)

Florida also is working with the National Association of Insurance Commissioners (NAIC) to revise its (NAIC) model law on unfair trade practices regarding the use of intended foreign travel as underwriting criteria for life insurance policies.