044-34 Wyo. Code R. § 2

Current through April 27, 2019

Section 2 - Prohibited Practices

(a) No advertisement, as defined in these rules, shall be used to facilitate the marketing, solicitation and sale of cancer policies in the State of Wyoming if the purpose of the advertisement, when read in its entire context, is to induce or create fear in prospective policyholders.

(b) No advertisement, as defined in these rules, shall contain any statistics which purport to represent or show:

(i) the frequency with which cancer will strike certain areas of the body or certain organs of the body;

(ii) that cancer insurance is a "bargain" or words of similar import that detract from the limited nature of cancer coverage;

(iii) the frequency with which cancer will strike an average family or the average individual including, but not limited to, such statements that "cancer will strike one out of every four living Americans" or "cancer will strike two of every three families over the years";

(iv) a comparison of the death rate of cancer with that of any other cause of death, including automobile accidents or war;

(v) an estimation of the number of deaths which will result from cancer during any particular time period, the number of people who will be hospitalized for any particular period of time, or the number of people who will discover they have cancer in a particular time period;

(vi) the cost of cancer, including the overall expense of cancer treatment, the average cost per victim, the average cost per day or the rate at which such costs are increasing;

(c) The Department of Insurance may disapprove or withdraw approval previously given to any advertisements used to facilitate the marketing, solicitation or sale of such policies in the State of Wyoming if the Department finds any such advertisement to violate the provisions of this regulation, Chapter 13 of the Wyoming Insurance Code, Chapter 21 of the Wyoming Insurance Department regulations, or if such advertisements are otherwise found to be presently or prospectively hazardous or injurious to the Wyoming insurance buying public. If the Department of Insurance disapproves any such advertising or withdraws approval previously given, the Department shall issue an order specifying in what respects the advertisement fails to meet the requirements of the Wyoming Insurance Code or the regulations promulgated by the Department of Insurance.

(d) No cancer advertisements, as defined by these rules, shall use words or phrases which are calculated to arouse fear, alarm, anxiety, dread, shock, fright, panic, including such words as "strike," "kill," "cripple," or "maim."

(e) No cancer advertisements, as defined by these rules, shall give undue prominence to the word "cancer" through the use of color, printed configurations or the size or type of print, nor shall any symbols, insignias, or characterizations be used which connote death, sickness, pain, suffering, disease, disablement, or hardship, including grave markers, skull and crossbones, the use of an "X" superimposed over one who is portrayed to be a future victim of cancer, pictures or characterizations of bedridden cancer patients, or pictures or characterizations depicting grief, sorrow or the mourning of a victim of cancer, or pictures or characterizations of surgeons, doctors, nurses or any hospital personnel which are intended to depict medical treatment for the disease of cancer.

044-34 Wyo. Code R. § 2