23 CAR § 82-103. Definitions

As used in this part: (1)(A) “Advertisement” means: (i) Printed and published material, audiovisual material, and descriptive literature of an insurer used in: (a) Direct mail; (b) Newspapers; (c) Magazines; (d) Radio scripts; (e) TV scripts; (f) Billboards; and (g) Similar displays; (ii) Descriptive literature and sales aids of all kinds issued by an insurer, agent, broker, or solicitor for presentation to members of the insurance-buying public, including but not limited to: (a) Circulars; (b) Leaflets; (c) Booklets; (d) Depictions; (e) Illustrations; (f) Form letters; and (g) Lead-generating devices of all kinds as herein defined; and (iii) Prepared sales talks, presentations, and material for use by agents, brokers, and solicitors whether prepared by the insurer or the: (a) Agent; (b) Broker; or (c) Solicitor. (B) The definition of "advertisement" includes: (i) Advertising material included with a policy when the policy is delivered; and (ii) Material used in the solicitation of renewals and reinstatements. (C) The definition of "advertisement" does not include: (i) Material to be used solely for the training and education of an insurer's: (a) Employees; (b) Agents; or (c) Brokers; (ii) Material used in house by insurers; (iii) Communications within an insurer's own organization not intended for dissemination to the public; (iv) Individual communications of a personal nature with current policyholders other than material urging such policyholders to increase or expand coverages; (v) Correspondence between a prospective group or blanket policyholder and an insurer in the course of negotiating a group or blanket contract; (vi) Court-approved material ordered by a court to be disseminated to policyholders; or (vii) A general announcement from a group or blanket policyholder to eligible individuals on an employment or membership list that a contract or program has been written or arranged, provided the announcement clearly indicates that it is preliminary to the issuance of a booklet; (2) "Certificate" means any certificate issued under a group disability insurance policy, which certificate has been delivered or issued for delivery in Arkansas; (3) "Commissioner" or "Insurance Commissioner" means the Insurance Commissioner of this state as defined in Arkansas Code § 23-60-102; (4) "Department" means the State Insurance Department as defined in Arkansas Code § 23-60-102; (5)(A) "Disability insurance" as defined in Arkansas Code § 23-62-103 is: (i) Insurance of human beings against: (a) Bodily injury, disablement, or death by accident or accidental means or the expenses thereof; or (b) Disablement or expense resulting from sickness; and (ii) Every insurance appertaining thereto. (B) Transaction of disability insurance does not include workers' compensation; (6)(A) "Exception" means any provision in a policy whereby coverage for a specified hazard is entirely eliminated. (B) It is a statement of a risk not assumed under the policy; (7) "Institutional advertisement" means an advertisement having as its sole purpose the promotion of the: (A) Reader’s, viewer's, or listener's interest in the concept of disability insurance; or (B) Promotion of the insurer as a seller of disability insurance; (8) "Insurer" means any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyds, fraternal benefit society, health maintenance organization, hospital service corporation, medical service corporation, prepaid health plan, and any other legal entity that is defined as an "insurer" in the Insurance Code of Arkansas and is engaged in the advertisement of itself or a disability insurance policy; (9) "Invitation to contract" means an advertisement that is neither an invitation to inquire nor an institutional advertisement; (10) "Invitation to inquire" means an advertisement having as its objective the creation of a desire to inquire further about disability insurance and which: (A) Is limited to a brief description of coverage; and (B) Shall contain a provision in the following or substantially similar form: "This policy has [exclusions] [limitations] [reduction of benefits] [terms under which the policy may be continued in force or discontinued]. For costs and complete details of the coverage, call [or write] your insurance agent or the company [whichever is applicable]."; (11) "Lead-generating device" means any communication directed to the public that, regardless of form, content, or stated purpose, is intended to result in the compilation or qualification of a list containing names and other personal information to be used to solicit residents of Arkansas for the purchase of disability insurance; (12) "Limitation" means any provision that restricts coverage under the policy other than an exception or a reduction; (13) "Person" means any: (A) Natural person; (B) Association; (C) Organization; (D) Partnership; (E) Trust; (F) Group; (G) Discretionary group; (H) Corporation; or (I) Other entity; (14)(A) "Policy" and/or "disability insurance policy" means any policy, plan, certificate, contract, agreement, statement of coverage, rider, or endorsement that provides disability benefits or medical, surgical, or hospital expense benefits, whether on an indemnity, reimbursement, service, or prepaid basis, except when issued in connection with another kind of insurance other than life and except disability, waiver of premium, and double indemnity benefits included in life insurance and annuity contracts. (B) Disability insurance policy shall not include any Medicare supplement insurance policy; and (15)(A) "Reduction" means any provision which reduces the amount of the benefit. (B) A risk of loss is assumed, but payment upon the occurrence of such loss is limited to some amount or period less than would be otherwise payable and such reduction has not been used.