(a)(No change.) (b)The format and content of an advertisement of a policy must be sufficiently complete and clear to avoid deception or the capacity or tendency to mislead or deceive. Whether an advertisement has a capacity or tendency to mislead or deceive is determined by the commissioner of insurance, or the Texas Department [State Board] of Insurance on appeal, from the overall impression that the advertisement may be reasonably expected to create upon a person of average education or intelligence within the segment of the public to which it is directed. (c)All information required to be disclosed by these sections will be set out conspicuously and in close conjunction with the statements to which the information relates or with appropriate captions of such prominence that required information is not minimized, rendered obscure, or presented in an ambiguous fashion, or intermingled with the context of the advertisement so as to be confusing or misleading. Regarding Internet advertising, the disclosures required by the sections referenced in paragraphs (1) - (5) of this subsection may be provided through a conspicuous and clearly labeled link to a web page, provided that the link must be placed near the relevant information to which it relates, and must connect directly to a web page that prominently displays the information necessary to comply with the applicable requirements: (1)with respect to "invitation to inquire" advertisements, §21.104(a) of this subchapter (relating to Requirement of Identification of Policy or Insurer); (2)§21.104(i) of this subchapter if linked to same page satisfying §21.104(a), as permitted in paragraph (1) of this subsection; (3)§21.108(c) of this subchapter (relating to Use of Statistics and Citations); (4)§21.113(b)(2) - (4), (c)(1), (d)(1) and (f) of this subchapter (relating to Rules Pertaining Specifically to Accident and Health Insurance Advertising and Health Maintenance Organization Advertising); and (5)§21.114(3)(A) of this subchapter (relating to Rules Pertaining Specifically to Life Insurance and Annuity Advertising). (d)(No change.)
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on September 17, 2007
TRD-200704267 Gene C. Jarmon
General Counsel and Chief
Clerk
Texas Department of Insurance
Earliest possible date of adoption: October 28, 2007
For further information, please call: (512) 463-6327
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