Mich. Admin. Code R. 500.654 - Form and content of advertisements
Rule 4.
(1) The
format and content of an advertisement of an accident or sickness insurance
policy shall 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 shall be determined by the
commissioner 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 the advertisement is
directed.
(2) An advertisement
shall be truthful and not misleading in fact or in implication. Words or
phrases, the meaning of which is clear only by implication or by familiarity
with insurance terminology, shall not be used.
(3) An insurer shall clearly identify its
accident and sickness insurance as an insurance policy. A policy trade name
shall be followed by the words "insurance policy" or similar words which
clearly identify the fact that an insurance policy is being offered.
(4) An insurer , agent , or other person shall
not solicit a resident of this state for the purchase of accident and sickness
insurance in connection with, or as the result of, the use of any advertisement
by such person or any other person where the advertisement does either of the
following:
(a) Contains any misleading
representations or misrepresentations or is otherwise untrue, deceptive, or
misleading with regard to the information imparted, the status, character, or
representative capacity of such person , or the true purpose of the
advertisement .
(b) Otherwise
violates the provisions of these rules.
(5) An insurer , agent , or other person shall
not solicit residents of this state for the purchase of accident and sickness
insurance through the use of a true or fictitious name which is deceptive or
misleading with regard to the status, character, or proprietary or
representative capacity of such person or the true purpose of the
advertisement.
(6) An insurer ,
agent , or other person shall not use a lead-generating device or list of
prospective insureds compiled therefrom unless such lead-generating device
contains the following or substantially similar language in the same size of
type as the rest of the information and is not hidden or placed in a position
to render it obscure: "This request for information is insurance related and if
you respond you may be contacted in an attempt to sell you
insurance."
(7) An insurer , agent ,
or other person shall not use a lead-generating device or list of prospective
insureds compiled therefrom if the insurer, agent , or other person knew or
reasonably should have known that the lead-generating device or list of
prospective members was obtained in a manner which violates any provision of
the Michigan insurance code or otherwise violates the provisions of these
rules. A list of prospective insureds shall not be purchased unless the
purchaser requests from the seller any lead-generating device that was used to
compile the list and obtains a specimen copy of any such device that is
disclosed. An agent or insurer may use a list obtained through lead-generating
devices before the effective date of these rules for up to 6 months after the
effective date if the lead-generating devices used to compile the lists are
retained on file by the agent or insurer for inspection by the insurance
bureau.
(8) The contents of all
advertisements, including lead-generating devices, regardless of by whom
prepared, created, designed, or presented, shall be the responsibility of any
insurer benefiting directly or indirectly from their use.
Notes
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