W. Va. Code R. § 114-11-4

Current through Register Vol. XLII, No. 1, January 3, 2025

Section 114-11-4 - Form and Contents of Advertisements

4.1. Advertisements shall be truthful and not misleading in fact or by implication. The form and content of an advertisement of a policy must be sufficiently complete and clear so as to avoid deception. The Insurance Commissioner shall determine whether an advertisement has the capacity or tendency to mislead or deceive from the overall impression that the advertisement may be reasonably expected to create upon a person of average education or intelligence within the segment of the public to which it is directed.

4.2. No advertisement shall use the terms "investment," "investment plan," "founder's plan," "charter plan," "deposit," "expansion plan," "profit," "profits," "profit sharing," "interest plan," "savings," "savings plan," "private pension plan," "retirement plan" or other similar terms in connection with a policy in a context or under such circumstances or conditions as to have the capacity or tendency to mislead a purchaser or prospective purchaser of such policy to believe that he or she will receive, or that it is possible that he or she will receive, something other than a policy or some benefit not available to other persons of the same class and equal expectation of life.