28 Tex. Admin. Code § 21.116 - Special Enforcement Procedures for Rules Governing Advertising and Solicitation of Insurance
(a) Advertising
file. Each insurer, domestic and foreign, doing an insurance business in Texas
shall maintain at its home office or principal (executive) office, a complete
file containing a specimen of every institutional advertisement, invitation to
inquire advertisement, or invitation to contract advertisement disseminated in
this state, with a notation attached to each such advertisement indicating the
manner and extent of distribution and the form number of any policy advertised
in Texas. Foreign insurers that have established an office in Texas who
transact an insurance business in this state may maintain the advertising file
at that location. Each insurer shall notify the Texas Department of Insurance
where the advertising file is being maintained and that access thereto will be
provided, and each insurer shall also notify the Texas Department of Insurance
in the event the location of such file is planned to be changed and immediately
when changed. The advertising file is subject to regular and periodic
inspection by the Texas Department of Insurance. All advertisements shall be
maintained for a period of not less than three years.
(b) Statement of compliance. Each insurer,
domestic and foreign, filing an annual statement with the Texas Department of
Insurance is subject to the provisions of this division and shall file with its
annual statement a certificate or equivalent executed by an authorized officer
of the insurer whose duty it is to deal with or oversee the insurer's
advertising stating that to the best of the officer's knowledge, information,
and belief, the advertisements which were disseminated by the insurer during
the preceding statement year complied or were made to comply in all respects
with the provisions of this division and the insurance laws of this state as
respects its Texas advertising and as its Texas advertising relates to its
insureds in Texas.
Notes
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