Fla. Admin. Code Ann. R. 69O-150.114 - Identity of Insurer
(1)
(a) The name of the actual insurer shall be
stated in all of the insurer's advertisements.
(b) The form number or numbers of the policy
advertised shall be stated in any invitation to contract.
(c) An advertisement shall 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, name of any reinsurer or
any other party, service mark, slogan, symbol or other device which would be
misleading as to the true identity of the actual insurer or create the false
impression that the parent company or reinsurer or any other party would have
any responsibility for the financial obligation of the
insurer.
(2) No
advertisement shall use any combination of words, symbols, or physical
materials which by their content, phraseology, shape, color or other
characteristics, are so similar to combination of words, symbols, or physical
materials used by agencies of the federal government or of this State, or
otherwise appear to be of such a nature that it tends to confuse or mislead
prospective insureds into believing that the solicitation is in some manner
connected with an agency of the municipal, county, state, or federal
government, or if such relationship exists, such advertisement shall not
exaggerate or otherwise mislead with respect to the nature or extent of such
relationship.
(3) Advertisements,
envelopes, or stationery which utilize words, letters, initials, symbols, or
other devices which are so similar to those used by governmental agencies or
other insurers are not permitted if they may tend to mislead or confuse the
public into believing:
(a) That the advertised
coverages are somehow provided by or are endorsed by such governmental agencies
or such other insurers; or
(b) That
the advertiser is the same as, is connected with, or is endorsed by such
governmental agencies or such other insurers.
(4) No advertisement shall use the name of a
state or a political subdivision thereof in a policy name or
description.
(5) No advertisement
in the form of envelopes or stationery of any kind may use any name, service
mark, slogan, symbol, or any device in such a manner that implies that the
insurer or the policy advertised, or that any agent who may call upon the
consumer as a result of the advertisement is connected with a governmental
agency.
(6) The use of letters,
initials, or symbols of the corporate name or a trademark that would have the
tendency or capacity to mislead or deceive the public as to the true identity
of the insurer is prohibited unless the true, correct and complete name of the
insurer is in close conjunction and in the same size type as the letters,
initials, or symbols of the corporate name or trademark.
(7) The use of the name of an agency or other
nomenclature in type, size and location so as to have the capacity and tendency
to mislead or deceive as to the true identity of the insurer is
prohibited.
(8) The use of an
address so as to mislead or deceive as to the true identity of the insurer or
any other entity or its location or licensing status is prohibited.
(9) No insurer may use, in the trade name of
its insurance policy, any terminology or words so similar to the name of a
governmental agency or governmental program as to have the tendency to confuse,
deceive or mislead the prospective purchaser.
(10) All advertisements used by agents,
producers, brokers or solicitors of an insurer must have prior written approval
or prior oral approval with subsequent written confirmation of approval by the
insurer.
Notes
Rulemaking Authority 624.308(1), 626.9611, 627.805 FS. Law Implemented 624.307(1), 626.9541(1)(a), (b), (e), (g), (k), (l), 626.9641(1), 626.99, 627.460 FS.
New 9-1-73, Formerly 4-35.12, Amended 6-12-88, Formerly 4-35.012, Amended 5-27-96, 11-7-99, 1-4-00, Formerly 4-150.114.
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