Texas Register, Volume 32, Number 39, Pages 6689-6904, September 28, 2007 Page: 6,748
6689-6904 p. ; 28 cm.View a full description of this periodical.
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applies to all advertising media: i.e., mail, newspaper, radio, television,
magazine, and periodicals. It is inapplicable to solicitation of employ-
ees or members of a particular group or association which otherwise
would be eligible under specific provisions of the Insurance Code for
group, blanket, or franchise insurance. This section applies to all af-
filiated companies under common management or control. The phrase
"a particular insurance product" as used herein is an insurance policy
that provides substantially different benefits than those contained in
any other policy. Different terms of renewability, an increase or de-
crease in the dollar amounts of benefits, or an increase or decrease in
any elimination period or waiting period from those available during
an enrollment period for another policy are not sufficient to constitute
the product being offered as a different product eligible for concurrent
or overlapping enrollment periods.
(ii) There may not be a statement or implication to
the effect that only a specific number of policies will be sold, or that a
time is fixed for the discontinuance of the sale of the particular policy
advertised because of special advantages available in the policy.
21.115. Rules Pertaining Specifically to Property and Casualty In-
surance Advertising.
(a) (No change.)
(b) The word "dividends" includes every return of premium
and payment to policyholders on a particular policy that is predicated
on the financial performance or earnings of the insurer, but does not in-
clude the return of premium under a nondiscretionary provision or en-
dorsement in a policy clearly providing for the payment under a rating
plan approved or promulgated by the Texas Department [State Board]
of Insurance.
21.116. Special Enforcement Procedures for Rules Governing Ad-
vertising and Solicitation of Insurance.
(a) Advertising file. Each insurer, domestic and foreign, do-
ing 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 adver-
tised in Texas. Foreign insurers that have established an office in Texas
who transact an insurance business in this state may maintain the ad-
vertising file at that location. Each insurer shall notify the Texas De-
partment [State Board] 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 [State Board] of Insurance in
the event the location of such file is planned to be changed and imme-
diately when changed. The advertising file is subject to regular and
periodic inspection by the Texas Department [State Board] of Insur-
ance. 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 [State
Board] of Insurance is subject to the provisions of these sections 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
these sections and the insurance laws of this state as respects its Texas
advertising and as its Texas advertising relates to its insureds in Texas.
21.119. Savings Clause.Each cause of action, pending litigation, matter in process before the
Texas Department [State Board] of Insurance or commissioner of in-
surance, or matter hereafter arising from an event occurring prior to the
time these sections become effective shall be determined in accordance
with and governed by the provisions of statutes, rules, orders, or offi-
cial interpretations in effect at the time of the occurrence of the subject
event, [including, butt in particular not limited to thse matters arising
from existing Rules059.21.21.001, 9, and 10 herein stated to be
repealed upon the date these sections become effeetive,] and this sec-
tion operates to save from repeal in that circumstance the application of
such law and procedure in respect of any such circumstance from the
amendment, change, or repeal contemplated by these sections notwith-
standing any provision of these sections to the contrary, if any, or any
provision of conflict or ambiguity.
21.120. Filing for Review.
(a) Any advertisement required to be submitted or submitted
voluntarily by an insurer licensed to do business in Texas shall be ac-
companied by a transmittal letter addressed to the Advertising Unit
[Secti Policy Approval Division], Texas Department [State Board]
of Insurance, 333 Guadalupe [4410 San Jacinto Street], Mail Code
111-2A, Austin, Texas 78701 [78786], or P.O. Box 149104, Austin
Texas 78714-9104. The transmittal letter [and] shall contain the fol-
lowing information:
(1) the identifying form number of each form submitted in-
cluding a separate identifying form number for each distinct Internet
page and pop-up;
(2) (No change.)
(3) the form number(s) [number] of the approved policy
and/or rider form(s) [form or forms] advertised; [and]
(4) the method or media used for dissemination of the ad-
vertisement; [.]
(5) the form number(s) for all other advertising material to
be used with the advertisement(s) being submitted; and
(6) an attachment explaining all variable material; the vari-
able material shall be identified with brackets on the advertisement(s).
(b) - (c) (No change.)
(d) An advertisement subject to requirements regarding filing
of the advertisement with the department for review under the Insur-
ance Code or Texas Administrative Code, Title 28, and that is the same
as or substantially similar to an advertisement previously reviewed and
accepted by the department, is not required to be filed for review. For
the purposes of this subsection, "substantially similar" means the new
advertisement does not introduce any substantive content not previ-
ously reviewed, nor does it eliminate any content satisfying required
disclosures or that would render the advertisement noncompliant with
21.112 of this subchapter (relating to General Prohibition). A person
or entity wishing to introduce a "substantially similar" advertisement
must file a signed written statement with the department at the address
identified in subsection (a) of this section. Such statement must iden-
tify or illustrate the changes to be introduced, and list the previously
reviewed and accepted form(s) in which those changes would appear,
including the form number(s) and the department's filing number(s) un-
der which those forms were previously reviewed and accepted. [Adver-
tisements shall be filed in fmalt printed form subsequent to a eptance.]
(e) The following rules require that advertisements be filed
with the department for review at or prior to use:
(1) 93.1707 of this title (relating to Advertising, Sales and
Solicitation Materials; Filing Prior to Use), regarding viatical and life
settlement contracts;32 TexReg 6748 September 28, 2007 Texas Register
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Texas. Secretary of State. Texas Register, Volume 32, Number 39, Pages 6689-6904, September 28, 2007, periodical, September 28, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97416/m1/58/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.