Current through Register No. 50, December 12, 2024
Section Ins 2601.05 - Form and Content of Advertisements(a) The format and content of an advertisement of an accident or health insurance policy shall be sufficiently complete and clear to avoid deception or the capacity or tendency to mislead or deceive. Format means the arrangement of the text and the 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 shall, independent of all other pieces of material, conform to the disclosure requirements of this part.(c) Whether an advertisement has a capacity or tendency to mislead or deceive shall be determined by the commissioner from the overall impression that the advertisement may be reasonably expected to create within the segment of the public to which it is directed. Exceptions, reductions and limitations shall be in the same size and type as benefit features.(d) Advertisements shall be truthful and not misleading in fact or in implication. Words or phrases, the meaning of which is clear only by implication or by familiarity with insurance terminology, shall not be used.(e) An insurer shall clearly identify its accident and health insurance policy as an insurance policy. A policy trade name shall be followed by the words "insurance policy" or similar words clearly identifying the fact that an insurance policy or health benefits product (in the case of health maintenance organizations, prepaid health plans and other direct service organizations) is being offered.(f) An insurer, producer or other person shall not solicit a resident of this state for the purchase of accident and health insurance in connection with or as the result of the use of advertisement by the person or any others persons, where the advertisement: (1) Contains any misleading representations or misrepresentations, or is otherwise untrue, deceptive or misleading with regard to the information imparted, the status, character or representative capacity of the person or the true purpose of the advertisement; or(2) Otherwise violates the provisions of this part.(g) An insurer, producer or other person shall not solicit residents of this State for the purchase of accident and health insurance through the use of a true or fictitious name that is deceptive or misleading with regard to the status, character or proprietary or representative capacity of the person or the true purpose of the advertisement.N.H. Admin. Code § Ins 2601.05
Amended by Volume XXXVI Number 36, Filed September 8, 2016, Proposed by #11173, Effective 12/5/2016, Expires 12/5/2026.