SECTION 365:10-3-2. Applicability; insurer responsibility

(a)   This Part shall apply to any accident, disability and sickness insurance "advertisement", as the term is defined in 365:10-3-3, intended for presentation, distribution or dissemination in this state when such presentation, distribution or dissemination is made or controlled either directly or indirectly by or on behalf of an insurer, agent, person, broker or solicitor as those terms are defined in the Insurance Code of this state and in this Part.

(b)   Every accident, health, hospitalization or disability 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. All such advertisements, regardless of by whom written, created, designed or presented, shall be the responsibility of the insurer whose policies are so advertised.