Ala. Admin. Code r. 482-1-013-.20

Current through Register Vol. 43, No. 02, November 27, 2024

Section 482-1-013-.20 - Special Enforcement Procedures

(1) Interpretive Guidelines: Adoption by Commissioner. To facilitate compliance with this chapter, the Commissioner has adopted appropriate Interpretive Guidelines. Such Interpretive Guidelines shall be consistent, to the extent not inconsistent with the statutes of this State and this chapter, with the interpretations recommended by the National Association of Insurance Commissioners adopted December 2, 1971, and as revised from time to time by the National Association of Insurance Commissioners, for use by the various states in the interpretation of this chapter. Such Interpretive Guidelines will be periodically brought up to date by appropriate published revisions, and such revisions will be developed in the same manner in which the initial Interpretive Guidelines were developed.

(2) Advertising File. Each insurer shall maintain at its home or principal office a complete file containing every printed, published or prepared advertisement of individual policies and typical printed, published or prepared advertisements of blanket, franchise and group policies hereafter disseminated in this or any other state whether or not licensed in such other state, with a notation attached to each such advertisement which shall indicate the manner and extent of distribution and the form number of any policy advertised. Such file shall be subject to regular and periodical inspection by this Department. All such advertisements shall be maintained in said file for the most recent four year period or until the next regular NAIC examination of the insurer.

(3) Certificate of Compliance. Each insurer required to file an Annual Statement which is now or which hereafter becomes subject to the provisions of this chapter must file with this Department with its Annual Statement, a Certificate executed by an authorized officer of the insurer wherein it is stated that to the best of his 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 this chapter and Interpretive Guidelines issued by the Commissioner.

(4) Submission of Advertising for Approval Prior to Use. If it becomes necessary, in the opinion of the Commissioner of Insurance, for the further protection of the public, Insurers may be required to file with the Department of Insurance, for approval, any or all advertising before use. This extra requirement would be in addition to the other provisions of this rule and would not supersede the requirements of maintaining an advertising file.

Author: John Davis, Associate Counsel

Ala. Admin. Code r. 482-1-013-.20

New Rule: August 1, 1957; effective August 1, 1957. Revised: October 26, 1972; effective November 9, 1972. Revised: January 16, 2003; effective January 26, 2003. Filed with LRS January 16, 2003. Rule is not subject to the Alabama Administrative Procedure Act.

Statutory Authority:Code of Ala. 1975, §§ 27-2-17, 27-12-1, etseq.