| (a) As used in Insurance Code Chapter 4102, concerning
Public Insurance Adjusters, "advertisement" includes:
(1) printed and published material, audiovisual material
and descriptive literature of a public insurance adjuster used in
direct mail, newspapers, magazines, radio, telephone and television
scripts, websites, billboards, and similar displays;
(2) descriptive literature and promotional aids of
all kinds issued by a public insurance adjuster for presentation to
members of the public, including circulars, leaflets, booklets, depictions,
illustrations, and form letters;
(3) prepared promotional talks, presentations and materials
for use by a public insurance adjuster, and those representations
made on a recurring basis by a public insurance adjuster to members
of the public;
(4) material used to:
(A) solicit contracts from insureds; or
(B) modify existing contracts;
(5) material included with a contract when the contract
is delivered and materials used in the solicitation of contract renewals,
extensions or reinstatements, except those extensions or reinstatements
provided for in the contract;
(6) lead card solicitations, 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
insureds who have expressed a specific interest in obtaining assistance
with having their claims settled, and which are intended to be used
to solicit residents of this state for the execution of a contract
for a public insurance adjuster's services; and
(7) any other communication directly or indirectly
related to a public insurance adjuster contract, and intended to result
in the eventual execution of such a contract.
(b) "Advertisement" does not include:
(1) communications or materials used within a public
insurance adjuster's own organization, not used as promotional aids
and not disseminated to the public;
(2) communications with insureds other than materials
soliciting insureds to enter, renew, extend or reinstate a contract
for a public insurance adjuster's services; and
(3) material used solely for the recruitment, training,
and education of a public insurance adjuster's personnel and subcontractors,
provided it is not also used to induce the public to enter, renew,
extend or reinstate a contract for a public insurance adjuster's services.
|
