28 Tex. Admin. Code § 21.102 - Scope
For the purpose of this division:
(1) "Advertisement" includes, but is not
limited to:
(A) printed and published
material, audio visual material and electronic media, descriptive literature of
an insurer or agent used in direct mail, newspapers, magazines, radio,
telephone and television scripts, billboards, and similar displays;
(B) descriptive literature and sales aids of
all kinds issued by an insurer or agent for presentation to members of the
public, including circulars, leaflets, booklets, depictions, illustrations, and
form letters;
(C) prepared sales
talks, presentations and materials for use by agents, and those representations
recurringly made by agents to members of the public;
(D) material used to:
(i) solicit additional coverage or policies
from existing insureds; or
(ii)
modify existing coverage or policies;
(E) material included with a policy when the
policy is delivered and materials used in the solicitation of renewals and
reinstatements, except those reinstatements provided for in the
policy;
(F) lead solicitations
which are defined as communications distributed to the public which, regardless
of form, content, or stated purpose, are intended to result in the compilation
or qualification of a list containing names or other personal information
regarding persons who have expressed a specific interest in a product or
coverage and which are intended to be used to solicit residents of this state
for the purchase of a policy, as defined in paragraph (3) of this section;
and
(G) any other communication
directly or indirectly related to a policy, as defined in paragraph (3) of this
section, and intended to result in the eventual sale or solicitation of a
policy.
(2)
"Advertisement" does not include:
(A)
communications or materials used within an insurer's own organization, not used
as sales aids and not disseminated to the public;
(B) communications with policyholders other
than materials urging policyholders to purchase, increase, modify, or retain a
policy;
(C) a general announcement
by a group or blanket policyholder to eligible individuals on an employment or
membership list that a policy or program has been written or arranged, provided
the announcement clearly indicates that it is preliminary to the issuance of a
booklet explaining the proposed coverage;
(D) material used solely for the recruitment,
training, and education of an insurer's personnel, agents, counselors, and
solicitors, provided it is not also used to induce the public to purchase,
increase, modify, or retain a policy of insurance; and
(E) correspondence between a prospective
group or blanket policyholder and an insurer or agent in the course of
negotiating a group or blanket contract.
(3) "Policy" includes any policy, plan,
certificate, contract, evidence of coverage, agreement, statement of coverage,
cover note, certificate of policy, rider or endorsement which provides, limits,
or controls insurance for any kind of loss or expense or because of the
continuation, impairment, or discontinuance of human life or annuity benefits
issued by an insurer, life settlement contracts, premium finance agreements, or
any other product offered by an insurer and regulated by the
Department.
(4) "Insurer" includes
any individual, partnership, corporation, organization, or person issuing
evidence of coverage or insurance, or any other entity acting as an insurer to
which this division can be made legally applicable including, as applicable,
Health Maintenance Organizations, and all insurance companies doing the
business of insurance in this state such as capital stock companies, mutual
companies, title insurance companies, fraternal benefits societies, local
mutual aid associations, local mutual burial associations, statewide mutual
assessment companies, county mutual and farm mutual insurance companies,
Lloyds' plan companies, reciprocal or interinsurance exchanges, stipulated
premium insurance companies, and group hospital service companies and, as can
be made appropriate, premium finance companies and life settlement
providers.
(5) "Agent" includes
each agent, solicitor, counselor, and soliciting representative of an insurer
and, as can be made appropriate, life settlement brokers and provider
representatives.
(6) "Institutional
advertisement" is an advertisement having as its sole purpose the promotion of
the reader's or viewer's interest in the concept of insurance, or the promotion
of the insurer or agent. Correspondence and materials used by an insurer only
for the purpose of explaining Legislative or Texas Department of Insurance
mandated changes, amendments, additions, or innovations relative to forms,
rules, or rates which are subject to the Insurance Code shall be considered
institutional advertising for the purpose of §21.104(b) of this division
(relating to Requirement of Identification of Policy or Insurer). Web pages on
an Internet website that do not refer to a specific insurance policy,
certificate of coverage, or evidence of coverage or that do not provide an
opportunity for an individual to apply for coverage or to request a quote are
considered to be institutional advertisements. Advertisements in other media
that do not refer to a specific insurance policy, certificate of coverage, or
evidence of coverage or that do not provide an opportunity for an individual to
apply for coverage or to request a quote or other information, are considered
to be institutional advertisements. In addition, web pages or navigation aids
within an Internet website that provide a link to another web page, the content
of which refers to a specific insurance policy, certificate of coverage, or
evidence of coverage or provides an opportunity for an individual to apply for
coverage or request a quote, but that do not, themselves, otherwise include
such content are considered to be institutional advertisements.
(7) "Invitation to inquire" for the purpose
of this section is an advertisement that refers to a specific insurance policy
or provides an opportunity to request a quote or that, except for Internet
advertising, provides an opportunity to request other information. An
"invitation to inquire" advertisement for accident or health coverage may refer
to rates only as permitted under §21.113(b) of this division (relating to Rules
Pertaining Specifically to Accident and Health Insurance Advertising and Health
Maintenance Organization Advertising). An "invitation to inquire" is not an
"invitation to contract."
(8)
"Invitation to contract" is an advertisement that includes an application or
enrollment form for insurance or which is presented with an opportunity to
apply for the advertised coverage.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.