1. (1) The name of the actual insurer shall be stated conspicuously in all of its advertisements. The form number of the policy advertised shall be stated in an advertisement which is an invitation to contract. An advertisement shall not use any of the following without disclosing the name of the actual insurer:

   1. (a) A trade name.
   2. (b) An insurance group designation.
   3. (c) Name of the parent company of the insurer.
   4. (d) Name of a particular division of the insurer.
   5. (e) Service mark.
   6. (f) Slogan.
   7. (g) Symbol.
   8. (h) Any other device which would have the capacity and tendency to mislead or deceive as to the true identity of the insurer.
2. (2) An advertisement shall not use a combination of words, symbols, or physical material which, by content, phraseology, shape, color, or other characteristics, is so similar to combinations of words, symbols, or physical materials used by agencies of the federal government or of this state or which 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, state, or federal government.

3. (3) Advertisements, envelopes, or stationery which employs color, words, letters, initials, symbols, or other devices which are similar to those used by governmental agencies is not permitted if it may lead the public to believe either of the following:

   1. (a) That the advertised coverages are somehow provided or endorsed by such governmental agencies.
   2. (b) That the advertiser is the same as, is connected with, or is endorsed by, such governmental agencies.

4. (4) Advertisements, envelopes, or stationery which employs words, letters, initials, symbols, or other devices which are similar to those used by other insurers is not permitted if it may lead the public to believe either of the following:

   1. (a) That the advertised coverages are somehow provided by or are endorsed by such other insurers.
   2. (b) That the advertiser is the same as, is connected with, or is endorsed by, such other insurers.
5. (5) An advertisement shall not use the name of a state or political subdivision thereof in a policy name or description.
6. (6) An advertisement in the form of envelopes or stationery of any kind shall not use any color, name, service mark, slogan, symbol, or any device in 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 or the veterans administration.
7. (7) An advertisement shall not incorporate the word "medicare" in the title of the plan or policy being advertised, unless, wherever it appears, it is qualified by language differentiating it from medicare. An advertisement shall not use the phrase " __________ medicare department of the __________ insurance company," or similar language of similar import.
8. (8) An advertisement for medicare supplement insurance shall include a disclaimer similar to the following: "Not connected with or endorsed by the United States Government or the Federal Medicare Program."
9. (9) An advertisement shall not 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.
10. (10) The use of letters, 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 to, and in the same size type as, the letters, initials, or symbols of the corporate name or trademark.
11. (11) The use of the name of an agency or "__________ underwriters" or "__________ plan" in a type, size, and location that has the capacity and tendency to mislead or deceive as to the true identity of the insurer is prohibited.
12. (12) 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.
13. (13) An insurer shall not 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.
14. (14) All advertisements used by agents of an insurer shall have prior written approval of the insurer before they may be used.
15. (15) An agent who makes contact with a consumer as a result of acquiring that consumer's name from a lead-generating device shall disclose such fact in the initial contact with the consumer.

History: 1979 AC; 1991 AACS.