Section 2002.APPENDIX A   Guidelines

Section 2002.ILLUSTRATION D   Guideline to Section 2002.40(a)

a)         The scope of the term "advertisement" extends to the use of all media for communication to the general public (Section 2002.40(a)) and to the use of all media for communication by agents, brokers and solicitors.

b)         The definition of "advertisement" includes advertising material included with a policy when the policy is delivered and material used in the solicitation of renewals and reinstatements.

c)         The definition of "advertisement" does not include:

1)         material to be used solely for the training and education of an insurer's employees, agents or brokers unless such training or educational materials are for the presentation to the public of accident and health policies;

2)         material in house organs of insurers;

3)         communications within an insurer's own organization not intended for dissemination to the public;

4)         individual communications of a personal nature with current policyholders other than material urging such policyholders to increase or expand coverages;

5)         court approved material ordered by a court to be disseminated to policyholders;

6)         a general announcement from a group or blanket policyholder to eligible individuals on an employment or membership list that a contract or program has been written or arranged, provided the announcement clearly indicates that it is preliminary to the issuance of a booklet or certificate; or

7)         correspondence between an insurer and prospective group or blanket policyholder which follows the initial presentation of a group or blanket policy to the prospective policyholder, as long as such correspondence relates to the same program as initially presented.