Section R20-6-201.01. Insurer Advertising Responsibility and Records

A.      An insurer shall establish, and at all times maintain, a system of control over the content, form, and method of dissemination of all advertisements. The insurer whose policies are adver- tised is responsible for the advertisements, regardless of who writes, creates, designs, or presents the advertisement, except the insurer is not responsible for any advertisement placed by a person to whom the insurer gave no actual or apparent author- ity. Before using an advertisement about an insurer or its prod- ucts, a producer shall get written approval from the insurer for use of advertisements that were not supplied by the insurer.

B.       An insurer shall maintain, at its home or principal office, the following:

1.        Advertisements disseminated by the insurer in Arizona or any other state, including:

a.         Each printed, published, recorded, or prepared advertisement of individual policies; and

b.        Typical printed, published, recorded, or prepared advertisements of blanket, franchise, and group poli- cies.

2.        A notation attached to each advertisement specifying the manner and extent of distribution and the form number of any policy advertised; and

3.        Documentation supporting any testimonials, statistical claims, or comparisons shown in the advertising.

C.      An insurer shall maintain the advertisements, notations, and supporting documentation for at least three years from the date of first dissemination.

Historical Note

New Section made by final rulemaking at 13 A.A.R 2061, effective August 4, 2007 (Supp. 07-2).