Fla. Admin. Code Ann. R. 69O-150.015 - Introductory, Initial, or Special Offers
(1) An advertisement of an individual policy
shall not directly or by implication represent that a contract or combination
of contracts is an introductory, initial, or special offer, or that applicants
will receive substantial advantages not available at a later date, or that the
offer is available only to a specified group of individuals, unless such is the
fact. An advertisement shall not contain phrases describing an application
period as "special," "limited," or similar words or phrases when the insurer
uses such application periods as the usual method of advertising Health
Insurance.
(2) An application
period during which a particular insurance product may be purchased on an
individual basis shall not be offered within this State unless there has been a
lapse of not less than six months between the close of the immediately
preceding application period for effectively the same product and the opening
of the new application period. The advertisement shall indicate the date by
which the applicant must mail the application which shall be not less than ten
days and not more than forty days from the date that such application period is
advertised for the first time. This rule applies to all advertising media,
i.e., mail, newspapers, radio, television, magazines, and periodicals, by any
one insurer. This prohibition shall not be applicable to solicitations of
employees or members of a particular group or association which otherwise would
be eligible under specific provisions of the Insurance Code for group, blanket,
or franchise insurance. The phrase "any one insurer" includes all the
affiliated companies of a group of insurance companies under common management
or control.
(3) This rule does not
require separation by six months of application periods for the same insurance
product in this state if the advertising material is directed by an admitted
insurer to persons by direct mail on the basis that a common relationship
exists with more than one entity. Examples of such would be a bank and its
depositors, a department store to its charge account customers, or an oil
company to its credit card holders, and more than one of such organizations is
sponsoring such insurance product at different times if providing such
insurance under such a method is not otherwise prohibited by law. However, the
6-month rule does apply to one specific sponsor to the same persons in this
State on the basis of their status as customers of that one specific entity
only.
(4) This rule prohibits any
statement or implication to the effect that only a specific number of policies
will be sold, or that a time is fixed for the discontinuance of the sale of the
particular policy advertised because of special advantages available in the
policy, unless such is the fact.
(5) The phrase "a particular insurance
product" in subsection (2) of this section, means an insurance policy which
provides substantially different benefits than those contained in any other
policy. Different terms of renewability, an increase or decrease in the dollar
amounts of benefits, or an increase or decrease in any elimination period or
waiting period from those available during an application period for another
policy shall not be sufficient to constitute the product being offered as a
different product eligible for concurrent or overlapping application
periods.
(6) An advertisement shall
not offer a policy which utilizes a reduced initial premium rate, nor shall an
advertisement offer a policy waiving the initial premium.
(7) Meaningless awards, such as a "safe
drivers' award" shall not be used in connection with advertisements of Health
Insurance.
Notes
Rulemaking Authority 624.308(1), 626.9611 FS. Law Implemented 624.307(1), 626.9541(1)(a), (b), (e), (k), (l), 626.9641(1) FS.
New 1-19-73, Amended 4-19-73, Repromulgated 12-24-74, Formerly 4-6.15, Amended 6-13-88, Formerly 4-6.015, 4-150.015.
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