| (a) An advertisement must identify the person or entity
responsible for the advertisement.
(1) The full licensed name of the insurer is required
to be stated in each of its invitation to inquire and invitation to
contract advertisements, including the portion of the advertisement
to be returned to the insurer or agent, unless the portion to be returned
is delivered as a form detachable from another form containing the
insurer's full licensed name. The full licensed name must appear at
or before the first appearance of any shortened or substitute name
in the body of the text, which shortened or substitute name may be
indicated as representing the insurer thereafter in the advertisement.
(2) It is sufficient to state the full licensed name,
assumed name registered with the department pursuant to §19.902
of this title (relating to One Agent, One License) or Texas agent's
license number of the agent when advertisements address coverages
in general and do not describe a specific policy or coverages of a
particular insurer.
(b) An advertisement other than institutional, may
not use a trade name, any insurance group designation, name of the
parent company of the insurer, name of a particular division of the
insurer, service mark, slogan, symbol, or other device which without
disclosing the name of the actual insurer would have the capacity
and tendency to mislead or deceive a prospective purchaser as to the
true identity of the insurer, or its relation with public or private
institutions.
(c) No advertisement may use a combination of words,
symbols, or physical materials which by their content, phraseology,
shape, color, or other characteristics are so similar to combinations
of words, symbols, or physical material normally or usually used by
agencies of the federal government or of this state, or that otherwise
appear to be of such a nature that the advertisement or solicitation
has the capacity or tendency to confuse or mislead prospective insureds
into believing that such advertisement or solicitation is connected
with an agency of the municipal, state, or federal government.
(d) All advertisements, other than institutional, must
explicitly and conspicuously disclose that the product concerned is
property, life or other insurance, an annuity, HMO coverage, a life
settlement contract, or a prepaid legal services contract, on the
basis that each of these products are classified or addressed by statute
or rule or as the products are filed with the department. It is sufficient
for an insurer to use the term "PPO plan" in advertisements when referring
to a preferred provider benefit plan offered under Insurance Code
Chapter 1301.
(e) An advertisement that is intended to be seen or
heard beyond the limits of the jurisdiction in which the insurer is
licensed may not imply licensing beyond those limits.
(f) An advertisement may not contain statements that
avoid a clear and unequivocal statement that insurance or an annuity
or HMO coverage is the subject matter of the solicitation.
(g) An advertisement that contains an application and
is advertising more than one policy shall be presented in such manner
as to clearly reflect that the cost and benefits are applicable to
separate policies of insurance.
(h) No advertisement by an insurer or agent may be
used that, directly or by implication, has the capacity and tendency
to mislead or deceive prospective purchasers with respect to an insurer's
assets, corporate structure, financial standing, age or relative position
in the insurance business, or in any other material respect.
(i) Multiple insurers may be represented in one advertisement,
provided that an invitation to inquire or invitation to contract advertisement
must clearly identify the issuer of each product advertised and the
advertisement discloses that each insurer has sole financial responsibility
for its own products.
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| Source Note: The provisions of this §21.104 adopted to be effective February 1, 1981, 5 TexReg 3336; amended to be effective December 9, 2007, 32 TexReg 8830; amended to be effective April 26, 2021, 46 TexReg 2825; amended to be effective November 7, 2021, 46 TexReg 7408 |
