When any other type participating policies are being reviewed
by the commissioner of insurance for approval or disapproval, the
commissioner is authorized to study and take into consideration not
only the titles, terms, and text of such policy itself but also the
following additional materials, data, evidence, and information to
determine whether such policy complies with the provisions hereof
and the requirements of the Insurance Code:
(1) any and all advertisements, estimates, comparisons,
illustrations, circulars, statements, notices, brochures, pamphlets,
letters, posters, announcements, articles, projections, literature,
pictures, reports, books, newspapers, magazines, records, films, or
other matter of any nature whatsoever made, issued, circulated, published,
disseminated, delivered, used, referred to, or placed before the public
in any manner whatsoever relating to or in connection with such certain
participating policies of insurance;
(2) any and all oral statements, assertions, or representations,
the sales techniques or procedures, and the training, study or learning
devices or programs made, used, followed, or employed by the agents,
employees or representatives of the insurance company;
(3) any other matters set forth in Insurance Code Chapter
541 or other statute of the Insurance Code;
(4) in the event the commissioner finds that such participating
policy and such materials referred to previously do not truthfully,
correctly, fairly, honestly, adequately, or properly explain and represent
such terms, conditions, promises, and benefits of such policy, the
commissioner will disapprove such policy under the provisions of Insurance
Code Chapter 1701.
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