SECTION 365:10-3-13. Identity of insurer

(a)   The name of the actual accident, health, hospitalization or disability insurer and the form and/or plan number or numbers advertised shall be identified and made clear in all of its advertisements. 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 which, 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 which by their content, phraseology, shape, color or other characteristics are so similar to 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, state, or federal government.

(c)   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.

[Source: Amended at 10 Ok Reg 1471, eff 5-1-93]