§2010.120. Identity of Insurer

a)         The name of the actual insurer shall be stated in all of its advertisements.  The form number or numbers of the policy advertised shall be stated in an advertisement which is an invitation to contract.  An advertisement shall not use a trade name, any insurance group destination, name of the parent company of the insurer, name of a particular division of the insurer, service mark, slogan, symbol or other device which with or without disclosing the name of the actual insurer would have the capacity and tendency to mislead or deceive as to the true identity of the insurer.

 

b)         No advertisement shall use any combination of words, symbols or physical materials which by their content, phraseology, shape, color or other characteristics are so similar to combination of words, symbols or physical materials used by agencies of the federal government or of this State, or otherwise appear to be of such a nature that it tends to confuse or mislead prospective insureds into believing that the solicitation is in some manner connected with an agency of the municipal, state or federal government.

 

c)         Advertisements, envelopes or stationery which employ words, letters, initials, symbols or other devices which are so similar to those used by governmental agencies or other insurers are not permitted if they may lead the public to believe:

 

1)         that the advertised coverages are somehow provided by or are endorsed by such governmental agencies or such other insurers;

 

2)         that the advertiser is the same as, is connected with or is endorsed by such governmental agencies or such other insurers.

 

d)         No advertisement shall use the name of a state or political subdivision thereof in a policy name or description.

 

e)         No advertisement in the form of envelopes or stationery of any kind may use any name, service mark, slogan, symbol or any device in such a manner that implies that the insurer or the policy advertised, or that any agent who may call upon the consumer in response to the advertisement is connected with a governmental agency, such as the Social Security Administration.

 

f)         No advertisement may incorporate the word "Medicare" in the title of the plan or policy being advertised unless, wherever it appears, said word is qualfied by language differentiating it from Medicare.  Such an advertisement, however, shall not use the phrase "_______ Medicare Department of the _______ Insurance Company," or language of similar import.

 

g)         No advertisement shall be used that fails to include the disclaimer to the effect of "Not Connected with or endorsed by the U.S. Government or the Federal Medicare program."

 

h)         No advertisement may imply that the reader may lose a right or privilege or benefit under federal, state or local law if he fails to respond to the advertisement.

 

i)          The use of letter, initials, or symbols of the corporate name or trademark that would have the tendency or capacity to mislead or deceive the public as to the true identity of the insurer is prohibited unless the true, correct and complete name of the insurer is in close conjunction and in the same size type as the letter, initials or symbols of the corporate name or trademark.

 

j)          The use of the name of an agency or "_______ Underwriters" or "_______ Plan" in type, size and location so as to have the capacity and tendency to mislead or deceive as to the true identity of the insurer is prohibited.

 

k)         The use of an address so as to mislead or deceive as to true identity of the insurer, its location or licensing status is prohibited.

 

l)          No insurer may use, in the trade name of its insurance policy, any terminology or words so similar to the name of a governmental agency or governmental program as to have the tendency to confuse, deceive or mislead the prospective purchaser.

 

m)        All advertisements used by producers of an insurer must have prior written approval of the insurer before they may be used.

 

n)         A producer who makes contact with a consumer, as a result of acquiring that consumer's name from a lead generating device, must disclose such fact in the initial contact with its consumer.