19 MAC Pt. 3, R. 5.03
Definitions
Cite as 19 Miss. Admin. Code Pt. 3, R. 5.03
Definitions
A. An advertisement for the purpose of these rules shall include:
1.
Printed and published material, audio visual material, and descriptive literature
of an insurer used in direct mail, newspapers, magazines, radio scripts, TV
scripts, billboards and similar displays; and
2.
Descriptive literature and sales aids of all kinds issued by an insurer, agent or
broker for presentation to members of the insurance buying public, including
but not limited to circulars, leaflets, booklets, depictions, illustrations and form
letters; and
3.
Prepared sales talks, presentations and material for use by agents, brokers and
solicitors.
B. “Policy” for the purpose of these rules shall include any policy, plan, certificate,
contract, agreement, statement of coverage, rider or endorsement which provides
accident or sickness 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.
C. “Insurer” for the purpose of these rules shall include any individual, corporation,
association, partnership, reciprocal exchange, inter-insurer, Lloyds, fraternal benefit
society, health maintenance organization, and any other legal entity which is defined as
an “insurer” in the Insurance Code of this State and is engaged in the advertisement of
a policy as “policy” is herein defined.
D. “Exception” for the purpose of these rules shall mean any provision in a policy
whereby coverage for a specified hazard is entirely eliminated; it is a statement of a
risk not assumed under the policy.
E. “Reduction” for the purpose of these rules shall mean any provision which reduces the
amount of the benefit; 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 had
such reduction not been used.
F. “Limitation” for the purpose of these rules shall mean any provision which restricts
coverage under the policy other than an exception or a reduction.
G. “Institutional Advertisement” for the purpose of these rules shall mean an
advertisement having as its sole purpose the promotion of the Reader’s or
Viewer’s interest in the concept of accident and sickness insurance, or the
promotion of the insurer.
H. “Invitation to Inquire” for the purpose of these rules shall mean an
advertisement having as its objective the creation of a desire to inquire
further about the production and which is limited to a brief description of
the loss for which the benefit is payable, and which may contain:
1.
The dollar amount of benefit payable, or
2.
The period of time during which the benefit is payable; provided the
advertisement does not refer to cost. An advertisement which specifies either
the dollar amount of benefit payable or the period of time during which the
benefit is payable shall contain a provision in effect as follows: “For costs and
further details of the coverage, including exclusions, any reductions or
limitations and the terms under which the policy may be continued in force, see
your agent or write to the company.”
I. “Invitation to Contract” for the purpose of these rules shall mean an advertisement
which is neither an invitation to inquire nor an institutional advertisement.