For the purpose of this division:
(1) "Advertisement" includes, but is not limited to:
(A) printed and published material, audio visual material
and electronic media, descriptive literature of an insurer or agent
used in direct mail, newspapers, magazines, radio, telephone and television
scripts, billboards, and similar displays;
(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;
(C) prepared sales talks, presentations and materials
for use by agents, and those representations recurringly made by agents
to members of the public;
(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 solicitations which are 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 paragraph (3) of this
section; and
(G) any other communication directly or indirectly
related to a policy, as defined in paragraph (3) 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, life settlement contracts,
premium finance agreements, or any other product offered by an insurer
and regulated by the Department.
(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 this
division can be made legally applicable including, as applicable,
Health Maintenance Organizations, 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
and life settlement providers.
(5) "Agent" includes each agent, solicitor, counselor,
and soliciting representative of an insurer and, as can be made appropriate,
life settlement brokers and provider representatives.
(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 only for
the purpose of explaining Legislative or Texas Department of Insurance
mandated changes, amendments, additions, or innovations relative to
forms, rules, or rates which are subject to the Insurance Code shall
be considered institutional advertising for the purpose of §21.104(b)
of this division (relating to Requirement of Identification of Policy
or Insurer). Web pages on an Internet website that do not refer to
a specific insurance policy, certificate of coverage, or evidence
of coverage or that do not provide an opportunity for an individual
to apply for coverage or to request a quote are considered to be institutional
advertisements. Advertisements in other media that do not refer to
a specific insurance policy, certificate of coverage, or evidence
of coverage or that do not provide an opportunity for an individual
to apply for coverage or to request a quote or other information,
are considered to be institutional advertisements. In addition, web
pages or navigation aids within an Internet website that provide a
link to another web page, the content of which refers to a specific
insurance policy, certificate of coverage, or evidence of coverage
or provides an opportunity for an individual to apply for coverage
or request a quote, but that do not, themselves, otherwise include
such content are considered to be institutional advertisements.
(7) "Invitation to inquire" for the purpose of this
section is an advertisement that refers to a specific insurance policy
or provides an opportunity to request a quote or that, except for
Internet advertising, provides an opportunity to request other information.
An "invitation to inquire" advertisement for accident or health coverage
may refer to rates only as permitted under §21.113(b) of this
division (relating to Rules Pertaining Specifically to Accident and
Health Insurance Advertising and Health Maintenance Organization Advertising).
An "invitation to inquire" is not an "invitation to contract."
(8) "Invitation to contract" is an advertisement that
includes an application or enrollment form for insurance or which
is presented with an opportunity to apply for the advertised coverage.
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