(A) No pet insurer shall condition eligibility to purchase pet insurance on participation, or lack of participation, in a separate wellness program.
(B) No pet insurer or agent shall market a wellness program as pet insurance.
(C) If a wellness program is sold by a pet insurer, all of the following apply:
(1) The purchase of the wellness program shall not be a requirement to purchase pet insurance;
(2) The costs of the wellness program shall be separate and identifiable from any premiums or other costs for pet insurance sold by a pet insurer or agent;
(3) The terms and conditions for the wellness program shall be separate from any pet insurance sold by the pet insurer or agent;
(4) The products or coverage available through the wellness program shall not duplicate products or coverage available through the pet insurance;
(5) The advertising of the wellness program shall not be misleading and shall comply with division (C)(6) of this section;
(6) The pet insurer or agent shall clearly disclose both of the following to consumers:
(a) That wellness program is not pet insurance;
(b) The address and customer service telephone number of the pet insurer or agent.
(D)(1) All coverage included in a pet insurance policy is considered insurance, regardless of whether the coverage is described as a wellness benefit.
(2) Except as otherwise provided in division (D)(3) of this section, if a wellness program undertakes to indemnify another party, pays a specified amount upon determinable contingencies, or provides coverage for a fortuitous event, the program is transacting the business of insurance and is subject to the requirements of this chapter and all other applicable laws.
(3) A wellness program contract directly between a service provider and a pet owner that involves only those two parties is not transacting the business of insurance unless the contract has other characteristics of insurance.
Last updated January 23, 2025 at 2:51 PM