19 MAC Pt. 3, R. 5.08
Testimonials Or Endorsements By Third Parties
Cite as 19 Miss. Admin. Code Pt. 3, R. 5.08
Testimonials Or Endorsements By Third Parties
A. Testimonials used in advertisements must be genuine, represent the current opinion of
the author, be applicable to the policy advertised and be accurately reproduce. The
insurer, in using a testimonial, makes as its own all of the statements contained herein,
and the advertisement, including such statement, is subject to all the provisions of these
rules.
B. If the person making a testimonial, an endorsement or an appraisal has a financial
interest in the insurer, or a related entity as a stockholder, director, officer, employee,
or otherwise, such fact shall be disclosed in the advertisement. If a person is
compensated for making a testimonial, endorsement or appraisal, such fact shall be
disclosed in the advertisement by language substantially as follows: “Paid
Endorsement”. This rule does not require disclosure of union “scale” wages required by
union rules if the payment is actually for such “scale’ for TV or radio performances.
The payment of substantial amounts, directly or indirectly, for “travel and
entertainment” for filming or recording of TV or radio advertisements remove the
filming or recording from the category of an unsolicited testimonial and require
disclosure of such compensation.
C. An advertisement shall not state or imply that an insurer or a policy has been approved
or endorsed by any individual, group of individuals, society, association or other
organizations, unless such is the fact, and unless any proprietary relationship between
an organization and the insurer is disclosed. If the entity making the endorsement or
testimonial has been formed by the insurer or is owned or controlled by the insurer or
the person or persons who own or control the insurer, such fact shall be disclosed in the
advertisement.
D. When a testimonial refers to benefits received under a policy, the specific claim date,
including claim number, date or loss, and other pertinent information shall be retained
by the insurer for inspection for a period of four years or until the filing of the next
regular report on examination of the insurer, whichever is the longer period of time.