(a)
- (1) Each insurer shall maintain at its home or principal office a complete file containing a specimen copy of every printed, published, or prepared advertisement of its individual policies and specimen copies of typical printed, published, or prepared advertisements of its blanket, franchise, and group policies, hereafter disseminated in this state, with a notation indicating the manner and extent of distribution and the form number of any policy advertised.
- (2) The file shall be subject to inspection by the State Insurance Department.
- (3) All advertisements shall be maintained in the file for a period of five (5) years after discontinuance of its use or publication.
- (b) If the Insurance Commissioner determines that an advertisement has the capacity or tendency to mislead or deceive the public, the commissioner may require an insurer or insurance producer to submit all or any part of the advertising material for review or approval prior to use.
- (c) Each insurer subject to the provisions of this part shall file with the commissioner with its annual statement a certificate of compliance executed by an authorized officer of the insurer stating that to the best of his or her knowledge, information, and belief the advertisements that were disseminated by or on behalf of the insurer in this state during the preceding statement year, or during the portion of the year when this part was in effect, complied or was made to comply in all respects with the provisions of this part and the insurance laws of this state as implemented and interpreted by this part.