When any other type participating policies are being
reviewed by the commissioner of insurance for approval or disapproval, the
commissioner is authorized to study and take into consideration not only the
titles, terms, and text of such policy itself but also the following additional
materials, data, evidence, and information to determine whether such policy
complies with the provisions hereof and the requirements of the Insurance
Code:
(1) any and all advertisements,
estimates, comparisons, illustrations, circulars, statements, notices,
brochures, pamphlets, letters, posters, announcements, articles, projections,
literature, pictures, reports, books, newspapers, magazines, records, films, or
other matter of any nature whatsoever made, issued, circulated, published,
disseminated, delivered, used, referred to, or placed before the public in any
manner whatsoever relating to or in connection with such certain participating
policies of insurance;
(2) any and
all oral statements, assertions, or representations, the sales techniques or
procedures, and the training, study or learning devices or programs made, used,
followed, or employed by the agents, employees or representatives of the
insurance company;
(3) any other
matters set forth in Insurance Code Chapter 541 or other statute of the
Insurance Code;
(4) in the event
the commissioner finds that such participating policy and such materials
referred to previously do not truthfully, correctly, fairly, honestly,
adequately, or properly explain and represent such terms, conditions, promises,
and benefits of such policy, the commissioner will disapprove such policy under
the provisions of Insurance Code Chapter 1701.
