23 CAR § 100-112 – Identity of insurer

(a)
1. (1) The name of the actual insurer shall be stated in all of its advertisements.
2. (2) The form number or numbers of the policy advertised shall be stated in an advertisement that is an invitation to contract.
3. (3) 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 that, 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 that by their content, phraseology, shape, color, or other characteristics are so similar to any 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 a 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, county, state, or federal government.
(c) Advertisements, envelopes, or stationery that employ words, letters, initials, symbols, or other devices that are so similar to those used by governmental agencies or other insurers are not permitted if they may confuse the public into believing that the:
1. (1) Advertised coverages are somehow provided by or are endorsed by such governmental agencies or such other insurers; or
2. (2) 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 a political subdivision thereof in a policy name or description.
(e) No advertisement in the form of envelopes or stationery 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)
1. (1) 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.
2. (2) Such an advertisement, however, shall not use:
  1. (A) The phrase "Medicare Department of the ________________ Insurance Company"; or
  2. (B) Similar language of similar import.
(g) No advertisement shall be used that fails to include a 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 or she fails to respond to the advertisement.
(i) The use of letters, initials, or symbols of the corporate name or a 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 letters, 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 the true identity of the insurer, its location, or licensing status is prohibited.
(l) 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.
(m) An agent who makes contact with a consumer 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.
(n) 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 a prospective purchaser.