(1) An
advertisement for the purpose of these rules shall include:
(a) Printed and published material, audio
visual material, and descriptive literature of an insurer used in direct mail,
newspapers, magazines, radio scripts, television scripts, billboards, and
similar displays; and
(b)
Descriptive literature and sales aids of all kinds issued by an insurer, or
insurance producer for presentation to members of the insurance buying public,
including but not limited to circulars, leaflets, booklets, depictions,
illustrations, and form letters; and
(c) Prepared sales talks, presentations, and
material for use by insurance producers.
(2) "Policy" for the purpose of these rules
shall include any policy, plan, certificate, contract, agreement, statement of
coverage, rider, or endorsement which provides disability benefits, or medical,
surgical, or hospital expense benefits, whether on an indemnity, reimbursement,
service, or prepaid basis, except when issued in connection with another kind
of insurance other than life and except disability, waiver of premium, and
double indemnity benefits included in life insurance and annuity
contracts.
(3) "Insurer" for the
purposes of these rules shall include any individual, corporation, association,
partnership, reciprocal exchange, inter-insurer, Lloyds, fraternal benefit
society, health care service contractor, health maintenance organization, and
any other legal entity which is defined as an "insurer" in the insurance code
of this state and is engaged in the advertisement of a policy as "policy" is
defined in this regulation.
(4)
"Exception" for the purpose of these rules shall mean any provision in a policy
whereby coverage for a specified hazard is entirely eliminated; it is a
statement of a risk not assumed under the policy.
(5) "Reduction" for the purpose of these
rules shall mean any provision which reduces the amount of the benefit; a risk
of loss is assumed but payment upon the occurrence of such loss is limited to
some amount or period less than would be otherwise payable had such reduction
not been used.
(6) "Limitation" for
the purpose of these rules shall mean any provision which restricts coverage
under the policy other than an exception or a reduction.
(7) "Institutional advertisement" for the
purpose of these rules shall mean an advertisement having as its sole purpose
the promotion of the reader's or viewer's interest in the concept of accident
and sickness insurance, or the promotion of the insurer.
(8) "Invitation to inquire" for the purpose
of these rules shall mean an advertisement having as its objective the creation
of a desire to inquire further about the product and which is limited to a
brief description of the loss for which the benefit is payable, and which may
contain:
(a) The dollar amount of benefit
payable, and/or
(b) The period of
time during which the benefit is payable; provided the advertisement does not
refer to cost. An advertisement which specifies either the dollar amount of
benefit payable or the period of time during which the benefit is payable shall
contain a provision in effect as follows:
"For costs and further details of the coverage, including
exclusions, any reductions or limitations and the terms under which the policy
may be continued in force, see your insurance producer or write to the
company."
(9)
"Invitation to contract" for the purpose of these rules shall mean an
advertisement which is neither an invitation to inquire nor an institutional
advertisement.