19 MAC Pt. 1, R. 16.12Identity
of Insurer
Cite as 19 Miss. Admin. Code Pt. 1, R. 16.12Identity
of Insurer
A. The name of the actual insurer shall be stated in all of its advertisements. The form
number or numbers of the policy advertised shall be state in an advertisement which is an
invitation to contract. An advertisement shall not use a trade name, any insurance group
designation, name of the parent company of the insurer, name of a particular division of
the insurer, service mark, slogan, symbol or other device which with or without
disclosing the name of the actual insurer would have the capacity and tendency to
mislead or deceive as to the true identity of the insurer.
B. No advertisement shall use any combination of words, symbols or physical materials
which by their content, phraseology, shape, color or other characteristics are so similar to
combination of words, symbols or physical materials used by agencies of the federal
government or of this State, or otherwise appear to be of such nature that it tends to
confuse or mislead prospective insureds into believing that the solicitation is in some
manner connected with an agency of the municipal, state or federal government.
C. Advertisements, envelopes or stationary which employs words, letters, initials, symbols
or other devices which are so similar to those used by governmental agencies or other
insurers are not permitted if they may lead the public to believe:
1.
that the advertised coverages are somehow provided by or are endorsed by such
governmental agencies or such other insurers;
2.
that the advertiser is the same as, is connected with or is endorsed by such
governmental agencies or such other insurers.
D. No advertisement shall use the name of a state or political subdivision thereof in a policy
name or description.
E. No advertisement in the form of envelopes or stationary of any kind may use any name,
service mark, slogan, symbol or any device in such a manner that implies that the insurer
or the policy advertised, or that any agent who may call upon the consumer in response
to the advertisement is connected with a governmental agency, such as the Social
Security Administration.
F. No advertisement may incorporate the word “Medicare” in the title of the plan or policy
being advertised unless, wherever it appears, said word is qualified by language
differentiating it from Medicare. Such an advertisement, however shall not use the
phrase “_____________________ Medicare Department of the
_____________________
Insurance Company,” or language of similar import.
G. No advertisement shall be used that fails to include the disclaimer to the effect of “Not
connected with or endorsed by the U.S. Government or the federal Medicare program.”
H. No advertisement may imply that the reader may lose a right or privilege or benefit under
federal, state or local law if he fails to respond to the advertisement.
I. The use of letter, initials, or symbols of the corporate name or trademark that would have
the tendency or capacity to mislead or deceive the public as to the true identity of the
insurer is prohibited unless the true, correct and complete name of the insurer is in close
conjunction and in the same size type as the letter, initials or symbols of the corporate
name or trademark.
J. The use of the name of an agency or “___________________ Underwriters” or
“____________________ Plan” in type, size and location so as to have the capacity and
tendency to mislead or deceive as to the true identity of the insurer is prohibited.
K. The use of an address so as to mislead or deceive as to true identity of the insurer, its
locations or licensing status is prohibited.
L. No insurer may use, in the trade name of its insurance policy, any terminology or words
so similar to the name of a governmental agency or governmental program as to have the
tendency to confuse, deceive or mislead the prospective purchaser.
M. All advertisements used by agents, producers, brokers or solicitors of an insurer must
have prior written approval of the insurer before they may be used.
N. An agent who makes contact with a customer, as a result of acquiring that consumer’s
name from a lead generating device must disclose such fact in the initial contact with the
consumer.