Utah Admin. Code R590-130-11 - Identity of Insurer

(1)

(a) An advertisement shall state the actual insurer's name

(b) An advertisement that is an invitation to contract shall state the form number or policy number.

(c) An advertisement shall disclose the actual insurer's name before using any of the following, if the advertisement would be misleading or deceptive regarding the insurer's true identity:

(i) a trade name;

(ii) an insurance group designation;

(iii) an insurer's parent company's name;

(iv) the name of an insurer's particular division;

(v) a service mark;

(vi) a slogan;

(vii) a symbol; or

(viii) any other device.

(2) An advertisement may not use a word combination, symbol, or physical material in a manner that the content, phraseology, shape, color, or other characteristic:

(a) is similar to the word combination, symbol, or physical material used by a federal, state, or municipal governmental agency; and

(b) would confuse or mislead prospective insureds to believe that the advertisement is in some manner connected to a federal, state, or municipal governmental agency.

(3)

(a) An advertisement, envelope, or stationery that uses words, letters, initials, symbols, or other devices that are similar to the words, letters, initials, symbols, layout, or other devices used by governmental agencies or other insurers is not permitted.

(b) An advertisement may not use words, letters, initials, symbols, or other devices that may lead the public to believe that a governmental agency or other insurer provided or endorsed the advertised coverages.

(c) An advertisement may not use words, letters, initials, symbols, or other devices that may lead the public to believe the advertiser is affiliated with or is endorsed by a governmental agency or other insurer.

(4) An advertisement may not use the name of a state or political subdivision in a policy description or name unless the company name contains the same state or political subdivision name.

(5) An advertisement may not use an envelope or stationery in a way that implies the insurer, the policy advertised, or the producer who may call on the consumer regarding the advertisement, is affiliated with a governmental agency.

(6)

(a) An advertisement may not incorporate the word "Medicare" in the advertised plan or policy title.

(b) An advertisement may incorporate the word "Medicare" if the advertisement uses language differentiating the policy from the term "Medicare" in the advertisement.

(c) An advertisement may not use a phrase that includes "Medicare Department of an Insurance Company" or similar language.

(7) An advertisement may not imply that an individual may lose a right, privilege, or benefit under federal, state, or local law if the individual fails to respond to the advertisement.

(8) An advertisement may not use a letter, initial, or symbol of an insurer's corporate name or trademark that misleads or deceives the public regarding the insurer's identity, unless the advertisement:

(a) uses the insurer's correct and complete name; and

(b) places the insurer's correct and complete name in close conjunction with, and in the same type as the letters, initials, or symbols for the insurer's corporate name or trademark.

(9) An advertisement may not use an agency name, or a name that includes "Underwriters" or "Plan," in type, size, and location in the advertisement that may mislead or deceive a consumer regarding the identity of the insurer or advertiser.

(10) An advertisement may not use an address that is misleading or deceptive regarding an insurer or advertiser's:

(a) identity;

(b) location; or

(c) license status.

(11) An advertisement may not use any terminology or word in a trade name of an insurer's insurance policy that is similar to a governmental agency or governmental program that may confuse, deceive, or mislead a prospective purchaser.

(12) An advertisement may not use any terminology or word in a trade name of an insurer's insurance policy that implies a sponsorship, endorsement, or connection with a governmental agency or governmental program.

Notes

Utah Admin. Code R590-130-11

Adopted by Utah State Bulletin Number 2022-24, effective 12/8/2022