(a)
- (1) Except for Medicare supplement insurance, this part shall apply to any "advertisement", as that term is defined herein unless otherwise specified in this part, that the insurer, hereinafter defined, knows or reasonably should know is intended for presentation, distribution, or dissemination in Arkansas when such presentation, distribution, or dissemination is made either directly or indirectly by or on behalf of an insurer, agent, broker, or solicitor, as those terms are defined in the Arkansas Insurance Code.
- (2) This part applies to all disability insurance (except for Medicare supplement insurance), including but not limited to group, blanket, and individual disability insurance.
(b)
- (1) Every insurer shall establish and at all times maintain a system of control over the content, form, and method of dissemination of all advertisements of its policies.
- (2) All such advertisements, regardless of by whom written, created, designed, or presented, shall be the responsibility of the insurer whose policies are so advertised.
(c)
- (1) Advertising materials that are reproduced in quantity shall be identified by form numbers or other identifying means.
- (2) Such identification shall be sufficient to distinguish an advertisement from any other advertising materials, policies, applications, or other materials used by the insurer.