Tenn. Comp. R. & Regs. 0780-01-33-.02

Current through June 26, 2024
Section 0780-01-33-.02 - DEFINITIONS
(1) For the purpose of these rules:
(a) "Policy" shall include any policy, plan, certificate, contract, agreement, statement of coverage, rider, or endorsement which provides for life insurance or annuity benefits.
(b) "Insurer" shall include any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd's, fraternal benefit society, and any other legal entity which is defined as an "insurer" in the Insurance Code of this state or issues life insurance or annuity in this state and is engaged in the advertisement of a policy.
(c) An "advertisement" shall be material designed to create public interest in life insurance or annuities or in an insurer, or to induce the public to purchase, increase, modify, reinstate, or retain a policy including:
1. printed and published material, audiovisual material, and descriptive literature of an insurer used in direct mail, newspapers, magazines, radio and television scripts, billboards, and similar displays;
2. descriptive literature and sales aids of all kinds issued by an insurer or agent, including but not limited to circulars, leaflets, booklets, depictions, illustrations, and form letters;
3. material used for the recruitment, training, and education of an insurer's sales personnel, agents, solicitors, and brokers which is designated to be used or is used to induce the public to purchase, increase, modify, reinstate, or retain a policy;
4. prepared sales talks, presentations, and material for use by sales personnel, agents, solicitors, and brokers.
(d) "Advertisement" for the purpose of these rules shall not include:
1. communications or materials used within an insurer's own organization and not intended for dissemination to the public;
2. communications with policyholders other than material urging policyholders to purchase, increase, modify, reinstate, or retain a policy;
3. a general announcement from a group or blanket policyholder to eligible individuals on an employment or membership list that a policy or program has been written or arranged; provided the announcement clearly indicates that it is preliminary to the issuance of a booklet explaining the proposed coverage.

Tenn. Comp. R. & Regs. 0780-01-33-.02

Original rule filed April 19, 1976; effective May 19, 1976.

Authority: T.C.A. §§.56-2-301.