| (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Advertisement--As defined in §21.102 of this division (relating to Scope), but, however, limited to those advertisements, excluding institutional advertisements, where an insurer or its policy is advertised. (2) Agent--As defined in §21.102(5) of this division (relating to Scope). (3) Insurer--As defined in §21.102(4) of this division (relating to Scope). (4) Policy--As defined in §21.102(3) of this division (relating to Scope). (b) Scope. This section shall apply to any advertisement for policies that are intended for presentation, distribution, or dissemination in this state. (c) Duty of agent. Before using an advertisement as defined in subsection (a) of this section, an agent must file the advertisement with the home office of the insurer affected by the advertisement for written approval. An agent is not required to file advertisements received from the insurer. (d) Duty of insurers. Every insurer marketing policies in this state shall establish and maintain a system of control over the content, form, and method of dissemination of all advertisements concerning its policies. A system of control shall include, but is not limited to, requiring the agents, or any other entities who prepare advertisements which name the insurer or advertise its policy, to submit the proposed advertisement to the insurer's home office for written approval of the home office prior to use. Each insurer shall be responsible for advertisements prepared or approved by it or prepared pursuant to its direction. No insurer may avoid responsibility for advertisements by directing or authorizing anyone else to prepare or approve them. (e) Other applicable laws. Nothing in this section relieves any agent or insurer from complying with other applicable laws. |
| Source Note: The provisions of this §21.122 adopted to be effective March 22, 1990, 15 TexReg 1292; amended to be effective December 9, 2007, 32 TexReg 8830; amended to be effective September 8, 2010, 35 TexReg 8117 |
