[§431:33-106] Sales practices for wellness programs; when deemed insurance. (a) A pet insurer or an insurance producer shall not market a wellness program as pet insurance.
(b) If a wellness program is sold by a pet insurer or an insurance producer:
(c) Coverages included in the pet insurance policy contract described as "wellness" benefits shall be deemed insurance.
(d) If a wellness program undertakes to indemnify another or pays a specified amount upon determinable contingencies, the wellness program shall be deemed to be transacting an insurance business as described in section 431:1-215 and shall be subject to this chapter.
(e) A wellness program shall not be construed to classify a contract that is directly between a service provider and a pet owner and only involves the two parties as transacting an insurance business as described in section 431:1-215, unless other indications of insurance also exist. [L 2025, c 79, pt of §1]