Section Ins 2604.05 - Advertisements in General(a) Advertisements shall be truthful and not misleading in fact or in implication.(b) Advertisements shall use words or phrases whose meaning is direct and unambiguous and not words or phrases whose meaning is clear only by implication.(c) Advertisements shall not use words or phrases that are clear only to people who understand insurance terminology.(d) Advertisements containing disclosures required pursuant to this part shall present: (1) Required disclosures in close proximity to the information to which they relate so that the information to which a disclosure relates is clear to consumers;(2) Disclosures shall be set out under appropriate captions of sufficient prominence so that the disclosures appear clear and conspicuous and do not become intermingled with other text; and(3) Disclosures shall be set out in full and complete, in a manner that does not render the information unclear, confusing, ambiguous, or obscure.(e) An advertisement shall not directly or indirectly make unfair or incomplete comparisons of policies or benefits. Advertisements shall not falsely or maliciously disparage competitors, their policies, services or business methods.(f) A policy advertisement shall not state or imply that prospective policyholders become group or quasi-group members, and as such enjoy special rates or underwriting privileges, unless such is the fact.(g) An advertisement shall not contain untrue statements about the time within which claims are paid, or the number of claims paid. An advertisement shall not contain statements that imply that claim settlements will be liberal or generous beyond the terms of the policy.(h) An advertisement shall not contain statements about the insurer's assets, corporate structure, financial standing, age or relative position in the insurance industry that are untrue or misleading.(i) Insurers shall maintain complete control over the content, form and method of dissemination of its advertisements at all times. The sponsoring insurer shall be responsible for all advertisements, regardless of whether another party has written, created, or designed the advertisement.(j) Disclosed information shall be set out in type size at least as large as the statements to which the information relates, and in a font style the same as or comparable with the font style used for the statements to which the information relates.N.H. Admin. Code § Ins 2604.05
Amended by Volume XXXVI Number 36, Filed September 8, 2016, Proposed by #11173, Effective 12/5/2016, Expires 12/5/2026.