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31.15.02.00.htm 31.15.02.00. Title 31 MARYLAND INSURANCE ADMINISTRATION Subtitle 15 UNFAIR TRADE PRACTICES Chapter 02 Advertisements of All Insurance Contracts Which Include Any Accident, Sickness, Hospital, Surgical or Medical Coverages Authority: Insurance Article, §2-109 and 27-203, Annotated Code of Maryland
31.15.02.01.htm 31.15.02.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Advertisement" includes:. a) Printed and published material and descriptive literature of a carrier used in or on newspapers, magazines, or any other publication, radio and TV scripts, matchbooks, blotters, calendars, posters, billboards, and similar displays;b) Descriptive literature and sales aids of all kinds issued by a carrier for presentation to member
31.15.02.02.htm 31.15.02.02. 02 Advertisement in General.. Advertisements shall be truthful and not misleading in fact or in implication. Words or phrases the meaning of which is clear only by implication or by familiarity with insurance terminology may not be used.
31.15.02.03.htm 31.15.02.03. 03 Advertisements of Benefits Payable, Losses Covered, or Premiums Payable.. A. Deceptive Words, Phrases, or Illustrations. Words, phrases, or illustrations may not be used in a manner which misleads or has the tendency to deceive as to the extent of any policy benefit payable, loss covered, or premium payable. An advertisement relating to any policy benefit payable, loss covered, or premium payable shall be sufficiently complete and clear as to avoid deception or the tend
31.15.02.04.htm 31.15.02.04. 04 Necessity for Disclosing Policy Provisions Relating to Renewability, Cancellability, and Termination.An advertisement which refers to renewability, cancellability, or termination of a policy, or which refers to a policy benefit, or which states or illustrates time or age in connection with eligibility of applicants or continuation of the policy, shall disclose the provisions relating to renewability, cancellability, and termination and any modification of benefits, losses
31.15.02.05.htm 31.15.02.05. 05 Method of Disclosure of Required Information.. All information required to be disclosed by this chapter shall be set out conspicuously and in close conjunction with the statements to which the information relates or under appropriate captions of such prominence that it can not be minimized, rendered obscure, or presented in an ambiguous fashion or intermingled with the context of the advertisement so as to be confusing or misleading.
31.15.02.06.htm 31.15.02.06. 06 Testimonials.. Testimonials used in advertisements shall be genuine, represent the current opinion of the author, be applicable to the policy advertised and be accurately reproduced. The carrier or producer, in using a testimonial, makes as its own all of the statements contained in the testimonial, and the advertisement including these statements is subject to all of the provisions of this chapter.
31.15.02.07.htm 31.15.02.07. 07 Use of Statistics.. An advertisement relating to the dollar amounts of claims paid, the number of persons insured, or similar statistical information relating to any carrier or policy may not be used unless it accurately reflects all of the relevant facts. The advertisement may not imply that the statistics are derived from the policy advertised unless that is the fact.
31.15.02.08.htm 31.15.02.08. 08 Inspection of Policy.. An offer in an advertisement of free inspection of a policy or offer of a premium refund is not a cure for misleading or deceptive statements contained in the advertisement.
31.15.02.09.htm 31.15.02.09. 09 Identification of Plan or Number of Policies.. A. When a choice of the amount of benefits is referred to, an advertisement shall disclose that the amount of benefits provided depends upon the plan selected and that the premium will vary with the amount of the benefits.B. When an advertisement refers to various benefits which may be contained in two or more policies, other than group master policies, the advertisement shall disclose that the benefits are provided on
31.15.02.10.htm 31.15.02.10. 10 Disparaging Comparisons and Statements.. An advertisement may not directly or indirectly make unfair or incomplete comparisons of policies or benefits or otherwise falsely disparage competitors, their policies, services, or business methods.
31.15.02.11.htm 31.15.02.11. 11 Jurisdictional Licensing.. A. An advertisement which is intended to be seen or heard beyond the limits of the jurisdiction in which the carrier or producer is licensed may not imply licensing beyond those limits.B. Advertisements by direct mail carriers or producers shall indicate that the carrier or producer is licensed in a specified state or states only, or is not licensed in a specific state or states, by use of some language such as "This Company is lic
31.15.02.12.htm 31.15.02.12. 12 Identity of Carrier or Producer.. The identity of the carrier or producer shall be made clear in all of its advertisements. An advertisement may not use a trade name, service mark, slogan, symbol, or other device which has the tendency to mislead or deceive as to the true identity of the carrier or producer.
31.15.02.13.htm 31.15.02.13. 13 Group or Quasi-Group Implications.. An advertisement of a particular policy may not state or imply that prospective policyholders become group or quasi-group members and as such enjoy special rates or underwriting privileges unless that is the fact.
31.15.02.14.htm 31.15.02.14. 14 Introductory, Initial, or Special Offers.. An advertisement may not state or imply that a particular policy or combination of policies is an introductory, initial, or special offer and that the applicant will receive advantages by accepting the offer, unless that is the fact.
31.15.02.15.htm 31.15.02.15. 15 Approval or Endorsement by Third Parties.. A. An advertisement may not state or imply that a carrier or a policy has been approved or a carrier’s financial condition has been examined and found to be satisfactory by a governmental agency.B. An advertisement may not state or imply that a carrier or a policy has been approved or endorsed by any individual, group of individuals, society, association, or other organization, unless that is the fact.
31.15.02.16.htm 31.15.02.16. 16 Service Facilities.. An advertisement may not contain untrue statements with respect to the time within which claims are paid or statements which imply that claim settlements will be liberal or generous beyond the terms of the policy.
31.15.02.17.htm 31.15.02.17. 17 Statements About a Carrier.. An advertisement may not contain statements which are untrue in fact or by implication misleading with respect to the carrier's assets, corporate structure, financial standing, age, or relative position in the insurance business.
31.15.02.17-1.htm 31.15.02.17-1. 17-1 Discouraging Enrollment.. A carrier or producer may not employ an advertisement that will have the effect of discouraging the enrollment of individuals with significant health needs in health insurance coverage.
31.15.02.18.htm 31.15.02.18. 18 Special Enforcement Procedures.. A. Advertising File. Each carrier or producer shall maintain at its home or principal office a complete file containing every printed, published, or prepared advertisement of individual policies and typical printed, published, or prepared advertisements of blanket, franchise, and group policies hereafter disseminated in this or any other state whether or not licensed in the other state, with a notation attached to each advertisement which shall i
31.15.02.9999.htm 31.15.02.9999. Administrative History Effective date: March 1, 1956. Amended effective May 1, 1968 ―. Chapter recodified from COMAR 09.30.26 to COMAR 31.15.02, July 1998. Regulation .01B amended as an emergency provision effective September 19, 2013 (40:21 Md. R. 1773) amended permanently effective November 25, 2013 (40:23 Md. R. 1936)Regulation .06 amended as an emergency provision effective September 19, 2013 (40:21 Md. R. 1773) amended permanently effective November 25, 2013 (40:
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