28 Tex. Admin. Code § 21.122 - System of Control and Home Office Approval of Advertising Material Naming an Insurer
(a) Definitions. The
following words and terms, when used in this section, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) Advertisement--As defined in §21.102 of
this division (relating to Scope), but, however, limited to those
advertisements, excluding institutional advertisements, where an insurer or its
policy is advertised.
(2) Agent--As
defined in §21.102(5) of this division (relating to Scope).
(3) Insurer--As defined in §21.102(4) of this
division (relating to Scope).
(4)
Policy--As defined in §21.102(3) of this division (relating to
Scope).
(b) Scope. This
section shall apply to any advertisement for policies that are intended for
presentation, distribution, or dissemination in this state.
(c) Duty of agent. Before using an
advertisement as defined in subsection (a) of this section, an agent must file
the advertisement with the home office of the insurer affected by the
advertisement for written approval. An agent is not required to file
advertisements received from the insurer.
(d) Duty of insurers. Every insurer marketing
policies in this state shall establish and maintain a system of control over
the content, form, and method of dissemination of all advertisements concerning
its policies. A system of control shall include, but is not limited to,
requiring the agents, or any other entities who prepare advertisements which
name the insurer or advertise its policy, to submit the proposed advertisement
to the insurer's home office for written approval of the home office prior to
use. Each insurer shall be responsible for advertisements prepared or approved
by it or prepared pursuant to its direction. No insurer may avoid
responsibility for advertisements by directing or authorizing anyone else to
prepare or approve them.
(e) Other
applicable laws. Nothing in this section relieves any agent or insurer from
complying with other applicable laws.
Notes
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