For the purpose of these sections: (1) "Advertisement" includes, but is not limited to: (A) printed and published material, audio visual material and descriptive literature of an insurer or agent used in direct mail, newspapers, magazines, radio, telephone and television scripts, billboards, and similar displays; and (B) descriptive literature and sales aids of all kinds issued by an insurer or agent for presentation to members of the public, including circulars, leaflets, booklets, depictions, illustrations, and form letters; and (C) prepared sales talks, presentations and materials for use by agents, and those representations recurringly made by agents to members of the public; and (D) material used to: (i) solicit additional coverage or policies from existing insureds; or (ii) modify existing coverage or policies;
(E) material included with a policy when the policy is delivered and materials used in the solicitation of renewals and reinstatements, except those reinstatements provided for in the policy; (F) lead card solicitations which are hereby defined as communications distributed to the public which, regardless of form, content, or stated purpose, are intended to result in the compilation or qualification of a list containing names or other personal information regarding persons who have expressed a specific interest in a product or coverage and which are intended to be used to solicit residents of this state for the purchase of a policy, as defined in subsection (c) of this section; and (G) any other communication directly or indirectly related to a policy, as defined in subsection (c) of this section, and intended to result in the eventual sale or solicitation of a policy. (2) "Advertisement" does not include:
(A) communications or materials used within an insurer's own organization, not used as sales aids and not disseminated to the public; (B) communications with policyholders other than materials urging policyholders to purchase, increase, modify, or retain a policy; (C) a general announcement by a group or blanket policyholder to eligible individuals on an employment or membership list that a policy or program has been written or arranged, provided the announcement clearly indicates that it is preliminary to the issuance of a booklet explaining the proposed coverage; (D) material used solely for the recruitment, training, and education of an insurer's personnel, agents, counselors, and solicitors, provided it is not also used to induce the public to purchase, increase, modify, or retain a policy of insurance; and (E) correspondence between a prospective group or blanket policyholder and
an insurer or agent in the course of negotiating a group or blanket contract. (3) "Policy" includes any policy, plan, certificate, contract, evidence of coverage, agreement, statement of coverage, cover note, certificate of policy, rider or endorsement which provides, limits, or controls insurance for any kind of loss or expense or because of the continuation, impairment, or discontinuance of human life or annuity benefits issued by an insurer. (4) "Insurer" includes any individual, partnership, corporation, organization, or person issuing evidence of coverage or insurance, or any other entity acting as an insurer to which these sections can be made legally applicable including, as applicable, Health Maintenance Organizations and Nonprofit Legal Services Corporations, and all insurance companies doing the business of insurance in this state such as capital stock companies, mutual companies, title insurance companies, fraternal benefits societies,
local mutual aid associations, local mutual burial associations, statewide mutual assessment companies, county mutual and farm mutual insurance companies, Lloyds' plan companies, reciprocal or interinsurance exchanges, stipulated premium insurance companies, and group hospital service companies and, as can be made appropriate, premium finance companies. (5) "Agent" includes each agent, solicitor, counselor, and soliciting representative of an insurer. (6) "Institutional advertisement" is an advertisement having as its sole purpose the promotion of the reader's or viewer's interest in the concept of insurance, or the promotion of the insurer or agent. Correspondence and materials used by an insurer for the purpose of explaining Legislative or State Board of Insurance mandated changes, amendments, additions, or innovations relative to forms, rules, or rates which are subject to the Insurance Code, Chapter 5, shall be considered
institutional advertising for the purpose of §21.104(b) of this title (relating to Requirement of Identification of Policy or Insurer).
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