CHAPTER 522A
SALE OF INSURANCE BY VEHICLE RENTAL COMPANIES

Referred to in §87.4, 296.7, 331.301, 364.4, 505.28, 505.29, 669.14, 670.7

  
     
522A.1  Purpose.
  The purpose of this chapter is to provide for the limited licensing of rental companies when a motor vehicle rental company sells travel or automobile-related insurance products or coverage in connection with and incidental to the rental of vehicles.
99 Acts, ch 143, §1

     
522A.2  Definitions.
  As used in this chapter, unless the context otherwise requires:
  1.  “Commissioner” means the commissioner of insurance appointed pursuant to section 505.2.
  2.  “Counter employee” means any employee at least eighteen years of age employed by a rental company that offers the products described in this chapter.
  3.  “Limited licensee” means a person at least eighteen years of age or an entity authorized to sell certain insurance coverages relating to the rental of vehicles.
  4.  “Rental agreement” means any written agreement setting forth the terms and conditions governing the use of a vehicle provided by a rental company for rental.
  5.  “Rental company” means any person or entity in the business of primarily providing vehicles intended for the private transportation of passengers to the public under a rental agreement for a period not to exceed ninety days.
  6.  “Rental period” means the term of the rental agreement.
  7.  “Renter” means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a period not to exceed ninety days.
  8.  “Vehicle” means a motor vehicle under section 321.1 used for the private transportation of passengers, including passenger vans, minivans, and sport utility vehicles, or used for the transportation of cargo with a gross vehicle weight of less than twenty-six thousand and one pounds and not requiring the operator to possess a commercial driver’s license, including cargo vans, pickup trucks, and trucks.
99 Acts, ch 143, §2

     
522A.3  Limited licenses.
  1.  Notwithstanding the provisions of chapter 522B, the commissioner may issue a limited license to a rental company that has complied with the requirements of this chapter. The limited license shall authorize the limited licensee to offer or sell insurance with the rental of vehicles.
  2.  As a prerequisite for issuance of a limited license under this section, a written application for a limited license, which is signed by an officer of the applicant, shall be filed with the commissioner. The application shall be in a form and contain information prescribed by the commissioner. The application shall include a list of all rental locations where the rental company intends to conduct business. An updated list shall be provided to the commissioner within thirty business days from any date on which the list is amended.
  3.  If a provision of this section is violated by a limited licensee, the commissioner may, after notice and a hearing, revoke or suspend a limited license issued under this section, or impose any other penalties, including suspending permission for the transaction of insurance offers or sales at specific rental locations where violations of this section have occurred, as the commissioner deems to be necessary or convenient to carry out the purposes of this section.
  4.  A rental company licensed pursuant to this section may offer or sell insurance issued by an insurance carrier authorized to do business in this state and only in connection with and incidental to the rental of a vehicle. A renter shall not be required to purchase coverage in order to rent a vehicle. The type of insurance offered or sold by a limited licensee, whether at the rental office or by preselection of coverage in a master, corporate, group rental, or individual agreement, may be in any of the following general categories:
  a.  Personal accident insurance covering the risks of travel, including, but not limited to, accident and health insurance that provides coverage, as applicable, to a renter and other rental vehicle occupants for accidental death or dismemberment and reimbursement for medical expenses resulting from an accident that occurs during the rental period.
  b.  Liability insurance that provides coverage, as applicable, to a renter and other authorized drivers of rental vehicles for liability arising from the operation of the rental vehicle.
  c.  Personal effects insurance that provides coverage, as applicable, to a renter and other vehicle occupants for the loss of, or damage to, personal effects that occurs during the rental period.
  d.  Roadside assistance and emergency sickness protection programs.
  5.  Insurance shall only be sold by a limited licensee pursuant to this section if all of the following apply:
  a.  The rental period of the rental agreement does not exceed ninety consecutive days.
  b.  At every rental location where a rental agreement is executed, brochures or other written materials are readily available to a prospective renter that include all of the following information:
  (1)  A clear and correct summary of the material terms of coverage offered to renters, including the identity of the insurer.
  (2)  A disclosure that the coverage offered by the rental company may provide a duplication of coverage already provided by a renter’s personal automobile insurance policy, homeowner’s insurance policy, personal liability insurance policy, or other source of coverage.
  (3)  A statement that the purchase by a renter of the types of coverage specified in this section is not required in order to rent a vehicle.
  (4)  A description of the process for filing a claim in the event a renter elects to purchase coverage and in the event of a claim.
  c.  Evidence of coverage in the rental agreement is provided to every renter who elects to purchase such coverage.
  d.  A fee, compensation, or commission is not paid to an employee by a rental company dependent solely on the sale of insurance under any limited license issued pursuant to this section.
  6.  Any limited license issued under this section shall authorize a counter employee of the limited licensee to act individually on behalf, and under the supervision, of the limited licensee with respect to the offer and sale of coverage specified in this section.
  7.  A rental company counter employee must successfully pass an examination covering the insurance products offered for sale by the rental company in connection with and incidental to the rental of vehicles by the rental company. The examination shall be approved and administered by the insurance division or a vendor approved by the insurance division pursuant to section 522A.6. The counter employee shall file an application with the commissioner for an individual license. Any application shall be deemed approved unless the commissioner notifies the rental company of the denial or rejection of the application within thirty days of receiving the application. An application shall not include requirements greater in scope than defined in this section.
  8.  A limited licensee pursuant to this section shall not be required to treat moneys collected from renters purchasing insurance when renting vehicles as moneys received in a fiduciary capacity, provided that the charges for coverage are itemized and are ancillary to a rental agreement. The offer or sale of insurance not in conjunction with a rental agreement shall not be permitted.
  9.  A limited licensee under this section shall not advertise, represent, or otherwise hold itself out or hold any of its employees out as licensed insurers, insurance agents, or insurance brokers.
  10.  A limited licensee shall not engage in this state in any of the following:
  a.  A trade practice defined in chapter 507B as, or determined pursuant to section 507B.6 to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
  b.  An illegal sales practice or unfair trade practice as defined in rules adopted pursuant to chapter 17A by the commissioner.
  11.  An individual license, authorization, and certification to offer or sell insurance products under this chapter shall expire when the counter employee’s employment terminates with the rental company.
99 Acts, ch 143, §3; 2000 Acts, ch 1058, §48; 2001 Acts, ch 16, §12, 37
Referred to in §522A.6

     
522A.4  Term of limited license.
  A limited license issued pursuant to this chapter is valid for three years and may be renewed without examination if the renewal application is received in a timely manner.
99 Acts, ch 143, §4

     
522A.5  Fees.
  The fee for a counter employee license shall be fifty dollars per counter employee. In no case shall any combined fees exceed one thousand dollars in any calendar year for any one rental company or limited license or licensee or renewal license. The fees collected under this section shall be deposited as provided in section 505.7.
99 Acts, ch 143, §5; 2009 Acts, ch 181, §89

     
522A.6  Vendor qualifications.
  If a qualified vendor is available, the commissioner shall utilize the qualified vendor closest in proximity to where the counter employee is employed to meet the requirements in section 522A.3. A vendor shall have at least two years teaching experience relating to the topic of the products described in this chapter. For purposes of this section, the commissioner may approve a rental company that meets the requirements of this section as a qualifying vendor to administer the requirements in section 522A.3.
99 Acts, ch 143, §6
Referred to in §522A.3

     
522A.7  Rules.
  The commissioner shall adopt rules necessary for the administration of this chapter.
99 Acts, ch 143, §7