N.M. Admin. Code § 13.4.8.19

Current through Register Vol. 35, No. 21, November 5, 2024

Section 13.4.8.19 - ADVERTISEMENTS

A.Definition. As used in this section, "advertisement" includes:

(1) printed and published material, audio visual material and descriptive literature of an insurance adjuster used in direct mail, newspapers, magazines, radio, telephone and television scripts, internet web sites, billboards, and similar displays;

(2) descriptive literature and promotional aids of all kinds issued by an insurance adjuster for presentation to members of the public, including but not limited to circulars, leaflets, booklets, depictions, illustrations, form letters, and lead-generating devices of all kinds;

(3) prepared promotional talks, presentations and materials for use by an insurance adjuster, and those representations made on a recurring basis by an insurance adjuster to members of the public;

(4) advertising material used to:

(a) solicit contracts from insureds; or

(b) modify existing contracts;

(5) material included with a contract when the contract is delivered and materials used in the solicitation of contract renewals, extensions or reinstatements, except those extensions or reinstatements provided for in the contract;

(6) lead card solicitations, defined as communications distributed to the public which, regardless of form, content, or stated purpose, are intended to result in the compilation or qualification of a list containing names or other personal information regarding insureds who have expressed a specific interest in obtaining assistance with having their claims settled, and which are intended to be used to solicit residents of this state for the execution of a contract for an insurance adjuster's services; and

(7) any other communication directly or indirectly related to an insurance adjuster contract, and intended to result in the eventual execution of such a contract.

B.Exclusions: "Advertisement" does not include:

(1) communications or materials used within an insurance adjuster's own organization, not used as promotional aids and not disseminated to the public;

(2) communications with insureds other than materials soliciting insureds to enter, renew, extend or reinstate a contract for an insurance adjuster's services;

(3) correspondence between a prospective insured and an adjuster in the course of negotiating a contract; and

(4) material used solely for the recruitment, training, and education of an insurance adjuster's personnel and subcontractors, provided it is not also used to induce the public to enter, renew, extend or reinstate a contract for an insurance adjuster's services.

C.Use of materials. An adjuster shall not disseminate or use any form of agreement, advertising, or other communication, regardless of format or medium, in this state that is harmful to the profession of insurance adjusting and that does not comply with Insurance Code or this section.

D.Requirements and prohibitions.

(1) Each advertisement by a licensed adjuster soliciting or advertising business must display the adjuster's name, address, and license number as they appear in the records of the superintendent.

(2) A licensed adjuster may not solicit or attempt to solicit a client for employment during the progress of a loss-producing natural disaster occurrence.

(3) A licensed adjuster may not solicit or attempt to solicit business, directly or indirectly, or act in any manner on a bodily injury loss covered by a life, health, or accident insurance policy or on any claim for which the client is not an insured under the insurance policy.

(4) A licensed adjuster may not use any letterhead, advertisement, or other printed material, or use any other means, to represent that the adjuster is an instrumentality of the federal government, of a state, or of a political subdivision of a state.

N.M. Admin. Code § 13.4.8.19

Adopted by New Mexico Register, Volume XXX, Issue 11, June 11, 2019, eff. 7/1/2019