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Insurance Division Bulletin INS 2000-2

TO: All Life and Health Insurers


SUBJECT:
Advertisement Filing Procedures
Replaces Bulletin INS 97-1


This Bulletin explains a revision to the Division Advertising Filing procedures.


Under ORS 742.009, sales materials shall not be false, deceptive or misleading. Certain advertisements are required to be filed for prior approval, some are requested to be filed, and all others are expected to comply without filing, but are subject to audit.


Those required to be filed for prior approval are:

  • Annuities (Bulletin 85-2 and 85-5);
  • Life illustrations (OAR 836-051-0530);
  • Individual Health when an application is included (OAR 836-020-0200 to 0295); and
  • Medicare Supplement (ORS 743.687 and OAR 836-052-0170).


Those requested to be filed are:

  • Advertisements for products marketed to senior citizens,
  • Direct-mail marketing materials, and
  • Marketing materials including application forms.


Materials that are generic descriptions of types of insurance, company history and financial reports, and information to recruit agents do not need to be filed.


The division notified insurers in Bulletin 97-1 that as of March 6, 1997, advertisement approval would be limited to three years. We have modified this procedure as follows:

  1. Advertisements that remain "Active" on our records after three years will be transferred to an "Archive" status. This means an insurer can continue to use approved advertisements without an additional filing to the division if the insurer determines the advertisement still meets the requirements of the current Advertisement Checklist. An "Archive" status will allow the division to manage these records without imposing additional filing requirements on insurers.

  2. A new advertisement filing which includes the Advertisement Checklist, confirming compliance with each item, will receive a timely review.

  3. When revised advertisements are filed, clearly state, preferably in the regarding line of the cover letter, the prior advertisement form number being replaced.

For the Advertisement Checklist and more information on filing forms, visit the Rates & Forms Section


This bulletin is dated this 6th day of April, 2000, at Salem, Oregon.

______(Signed)______
Charles Nicoloff
Acting Deputy Commissioner and
Acting Administrator

 

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