044-21 Wyo. Code R. §§ 21-5 - Form and Content of Advertisements
(a) The format and content of accident or
sickness insurance policy advertisements shall be sufficiently complete and
clear to avoid deception or the capacity or tendency to mislead or deceive.
Format means the arrangement of text and captions.
(b) Distinctly different advertisements are
required for publication in different media, such as newspapers or magazines of
general circulation as compared to scholarly, technical, or business journals,
and newspapers. Where an advertisement consists of more than one piece of
material, each piece of material must independently conform to the disclosure
requirements.
(c) Whether an
advertisement has the capacity or tendency to mislead or deceive shall be
determined by the Commissioner from the overall impression the advertisement
may be reasonably expected to create within the segment of the public to which
it is directed.
(d) Advertisements
shall be truthful and not misleading in fact or implication. Words or phrases,
the meaning of which is clear only by implication or familiarity with insurance
terminology, shall not be used.
(e)
An insurer shall clearly identify its accident and sickness insurance policy as
an insurance policy. A policy trade name shall be followed by the words
"insurance policy" or similar words clearly identifying that an insurance
policy or health benefits product (in the case of health maintenance
organizations, prepaid health plans, and other direct services organizations)
is being offered.
(f) An insurer ,
producer , or other person shall not solicit a Wyoming resident to purchase
accident and sickness insurance in connection with or as the result of using
advertisement by the person or any other persons, where the advertisement :
(i) Contains any misleading representations
or misrepresentations, or is otherwise untrue, deceptive, or misleading
regarding the information imparted, the status, character, or representative
capacity of the person , or the true purpose of the advertisement ; or
(ii) Otherwise violates the provisions of
this regulation.
(g) An
insurer , producer , or other person shall not solicit Wyoming residents to
purchase accident and sickness insurance using a true or fictitious name that
is deceptive or misleading regarding the status, character, or proprietary or
representative capacity of the person , or the true purpose of the
advertisement .
Notes
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