Administrative Code

Virginia Administrative Code
Title 14. Insurance
Agency 5. State Corporation Commission, Bureau of Insurance
9/30/2020

Chapter 90. Rules Governing Advertisement of Accident and Sickness Insurance

14VAC5-90-10. Purpose.

The purpose of this chapter (14VAC5-90) is to assure truthful and adequate disclosure of all material and relevant information in the advertising of accident and sickness insurance. This chapter establishes certain minimum standards of conduct in the advertising of accident and sickness insurance in a manner which prevents unfair competition among insurers and is conducive to the accurate presentation and description to the insurance-buying public of insurance offered through various advertising media.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 1, eff. June 1, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-20. Applicability.

A. This chapter shall apply to any accident and sickness insurance "advertisement" intended for presentation, distribution or dissemination in this Commonwealth when the presentation, distribution or dissemination is made either directly or indirectly by or on behalf of an insurer or agent as those terms are defined in Title 38.2 of the Code of Virginia and this chapter.

B. Every 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 advertisements, regardless of by whom written, created, designed or presented, shall be the responsibility of the insurer whose policies are so advertised.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 2, eff. June 1, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-30. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Advertisement" means (i) printed and published material, audio visual material, and descriptive literature of an insurer used in direct mail, newspapers, magazines, radio scripts, television scripts, web sites and other Internet displays or communications, other forms of electronic communications, billboards, and similar displays; (ii) descriptive literature and sales aids of all kinds issued by an insurer or agent for presentation to the insurance-buying public, including but not limited to circulars, leaflets, booklets, depictions, illustrations, and form letters; and (iii) prepared sales talks, presentations and material for use by agents. "Advertisement" shall not include:

1. Material used in-house by insurers;

2. Communications within an insurer's own organization not intended for dissemination to the insurance-buying public; however, to the extent any communications are in fact disseminated to the insurance-buying public or utilized in a sales presentation to the insurance-buying public, the materials shall be considered to fall within the definition of "advertising";

3. Individual communications of a personal nature with current policyholders other than material urging the policyholder to increase, expand, terminate or purchase new coverages;

4. Correspondence between a prospective group or policyholder and an insurer in the course of negotiating a group contract other than material urging the policyholder 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 policyholder to eligible individuals on an employment or membership list that a contract or program has been written or arranged, provided that the announcement clearly indicates that it is preliminary to the issuance of a booklet and that the announcement does not describe specific benefits under the contract or program nor describe advantages as to the purchase of the contract or program. This does not prohibit a general endorsement of the program by the sponsor;

7. Electronic communications devoted to electronic business transactions between existing members, providers, employers, and the insurer containing no materials relating to increasing, decreasing, terminating, or expanding coverages; or

8. Member newsletters or educational material sent to existing members, providers, or employers containing no materials relating to increasing, decreasing, terminating, or expanding coverages.

"Commission" means the Virginia State Corporation Commission.

"Exception" means any provision in a policy whereby coverage for a specified hazard is entirely eliminated; it is a statement of a risk not assumed under the policy.

"Institutional advertisement" means an advertisement having as its sole purpose the promotion of the reader's, viewer's, or listener's interest in the concept of accident and sickness insurance, or the promotion of the insurer as a seller of accident and sickness insurance.

"Insurer" means an individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyds, fraternal benefit society, health maintenance organization, and any other legal entity that is defined as an "insurer" in Title 38.2 of the Code of Virginia.

"Invitation to contract" means an advertisement that includes in any manner an application for insurance. It is not an invitation to inquire nor an institutional advertisement.

"Invitation to inquire" means an advertisement having as its objective the creation of a desire to inquire further about accident and sickness insurance and that is limited to a brief description of the loss for which benefits are payable and does not contain an application for coverage, but may contain (i) the dollar amount of benefits payable, and (ii) the period of time during which benefits are payable. An invitation to inquire may not refer to cost, except as otherwise permitted by this chapter.

"Limitation" means any provision that restricts coverage under the policy other than an exception or a reduction.

"Policy" means a policy, plan, certificate, contract, agreement, statement of coverage, rider or endorsement that provides accident or sickness benefits or medical, surgical or hospital expense benefits, whether on an indemnity, reimbursement, service or prepaid basis, except (i) when issued in connection with another kind of insurance other than life; and (ii) disability, waiver of premium, and double indemnity benefits included in life insurance and annuity contracts.

"Reduction" means any provision that reduces the amount of the benefit; a risk of loss is assumed but payment upon the occurrence of the loss is limited to some amount or period less than would be otherwise payable had such reduction not been used.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 3, eff. June 1, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-40. Method of disclosure of required information.

All information required to be disclosed by this chapter shall be set out conspicuously and in close conjunction with the statements to which the information relates or under appropriate captions of such prominence that it shall not be minimized, rendered obscure or presented in an ambiguous fashion or intermingled with the context of the advertisement so as to be confusing or misleading.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 4, eff. June 1, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-50. Form and content of advertisements.

A. The format and content of an advertisement of an accident or sickness insurance policy shall be sufficiently complete and clear to avoid deception or the capacity or tendency to mislead or deceive. Whether an advertisement has a capacity or tendency to mislead or deceive shall be determined by the commission from the overall impression that the advertisement may be reasonably expected to create within the segment of the public to which it is directed.

B. Advertisements shall be truthful and not misleading in fact or in implication. Words or phrases, the meaning of which is clear only by implication or by familiarity with insurance terminology, shall not be used.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 5, eff. June 1, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-55. Form and content of invitations to inquire.

A. An invitation to inquire shall contain a provision in the following or substantially similar form: "This policy has [exclusions] [limitations] [reduction of benefits] [terms under which the policy may be continued in force or discontinued]. For costs and complete details of the coverage, call [write] your insurance agent or the company [whichever is applicable]."

B. An invitation to inquire may include rate information without including information about benefit exceptions and reductions and limitations so long as the advertisement includes prominent disclaimers clearly indicating that (i) the rates are illustrative only; (ii) a person should not send money to the insurer in response to an advertisement; (iii) a person cannot obtain coverage until the person completes an application for coverage; and (iv) benefit exclusions and limitations may apply. Any rate information mentioned in any advertisement disseminated pursuant to this section shall indicate the age, gender, and geographic location on which that rate is based.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-60. Requirements applicable to advertisements of covered benefits; disclosures relating to exceptions, reductions, limitations; and pre-existing conditions.

A. Advertisements of covered benefits shall comply with the following standards.

1. An advertisement shall not omit information or use words, phrases, statements, references or illustrations if the omission of the information or use of the words, phrases, statements, references or illustrations has the capacity, tendency or effect of misleading or deceiving purchasers or prospective purchasers as to the nature or extent of any policy benefit payable, loss covered or premium payable. The fact that the policy offered is made available to a prospective insured for inspection prior to consummation of the sale or an offer is made to refund the premium if the purchaser is not satisfied, does not remedy misleading statements.

2. An advertisement shall not contain or use words or phrases such as "all," "full," "complete," "comprehensive," "unlimited," "up to," "as high as," "this policy will help fill some of the gaps that Medicare and your present insurance leave out," "this policy will help to replace your income" (when used to express loss of time benefits); or similar words and phrases in a manner that exaggerates a benefit beyond the terms of the policy, but may be used only in such manner as to fairly describe the benefit.

3. An advertisement of a benefit for which payment is conditioned upon confinement in a hospital or similar facility shall not use words or phrases such as "tax free," "extra cash," "extra income," "extra pay," or substantially similar words or phrases because these words and phrases have the capacity, tendency or effect of misleading the public into believing that the policy advertised will, in some way, enable them to make a profit from being hospitalized.

4. An advertisement of a hospital or other similar facility confinement benefit shall not advertise that the amount of the benefit is payable on a monthly or weekly basis when in fact, the amount of the benefit payable is based upon a daily pro rata basis relating to the number of days of confinement. When the policy contains a limit on the number of days of coverage provided, the limit shall appear in the advertisement.

5. An advertisement of a policy covering only one disease or a list of specified diseases shall not imply coverage beyond the terms of the policy. Synonymous terms shall not be used to refer to any disease to imply broader coverage than is the fact.

6. An advertisement of a direct response insurance product shall not state or imply that because "no insurance agent will call and no commissions will be paid to agents" that it is "a low cost plan," or use other similar words or phrases because the cost of advertising and servicing the policies is a substantial cost in the marketing by direct response.

B. Requirements relating to the disclosure of exceptions, reductions, and limitations are as follows.

1. An invitation to contract shall disclose those exceptions, reductions, and limitations affecting the basic provisions of the policy.

2. An advertisement shall not contain descriptions of a policy exception, reduction, or limitation worded in a positive manner to imply that it is a benefit, such as describing a waiting period as a "benefit builder" or stating "even pre-existing conditions are covered after two years." Words and phrases used in advertisements to describe policy limitations, exceptions, and reductions shall fairly and accurately describe the negative features of the limitations, exceptions, and reductions.

3. When an advertisement refers to a dollar amount, a period of time for which any benefit is payable, the cost of the policy, a specific policy benefit, or the loss for which a benefit is payable, it shall also disclose those exceptions, reductions, and limitations affecting the basic provisions of the policy without which the advertisement would have the capacity or tendency to mislead or deceive.

4. When a policy contains a waiting, elimination, probationary or similar time period between the effective date of the policy and the effective date of coverage under the policy or at a time period between the date a loss occurs and the date benefits begin to accrue for the loss, an advertisement that is subject to the requirements of subdivision 3 of this subsection shall disclose the existence of these periods.

5. An advertisement shall not use the words "only," "just," "merely," "minimum," "necessary," or similar words or phrases to describe the applicability of any exceptions, reductions, limitations, or exclusions such as: "This policy is subject to the following minimum exceptions and reductions."

6. An advertisement for a policy providing benefits for specified illnesses only, such as cancer, or for specified accidents only, such as automobile accidents, shall clearly and conspicuously state in boldface type and all capital letters the limited nature of the policy. The statement shall be worded in language identical to, or substantially similar to, the following:

"THIS IS A LIMITED POLICY"; "THIS IS A CANCER ONLY POLICY"; "THIS IS AN AUTOMOBILE ACCIDENT ONLY POLICY."

C. Requirements relating to the disclosure of pre-existing conditions in advertisements are as follows.

1. An advertisement shall, in negative terms, disclose the extent to which any loss is not covered if the cause of the loss is traceable to a condition existing prior to the effective date of the policy. The term "pre-existing condition," without an appropriate definition or description, shall not be used.

2. When a policy does not cover losses resulting from pre-existing conditions, an advertisement of the policy shall not state or imply that the applicant's physical condition or medical history will not affect the issuance of the policy or payment of a claim under the policy. This section prohibits the use of the phrase "no medical examination required" and phrases of similar import, but does not prohibit explaining "automatic issue." If an insurer requires a medical examination for a specified policy, the advertisement shall disclose that a medical examination is required.

3. When an invitation to contract contains an application form to be completed by the applicant and returned by mail, or when an applicant has requested and received an application form as the result of the advertisement of a direct-response insurance product, the application form shall contain a question or statement in bold-face type, immediately preceding the signature for the application, that clearly reflects the contents of all policy provisions regarding:

a. The disallowance of claims based on preexisting conditions;

b. Any waiting period, elimination period, probation period, or similar lapse of time between the date of the policy and the effective date of coverage;

c. Any period of delay between the date a loss occurs and the date upon which benefits or compensation for such loss begin to accrue; and

d. Reduction in benefits as the result of existence of other similar insurance providing coverage for the same loss.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 6, eff. June 1, 1975; amended Order of July 25, 1975, eff. September 15, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-70. Necessity for disclosing policy provisions relating to renewability, cancellability, and termination.

When an invitation to contract refers to a dollar amount, a period of time for which any benefit is payable, the cost of the policy, a specific policy benefit, or the loss for which a benefit is payable, it shall disclose the provisions relating to renewability, cancellability and termination, and any modification of benefits, losses covered or premiums because of age or for other reasons, in a manner which shall not minimize or render obscure the qualifying conditions.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 7, eff. June 1, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-80. Testimonials or endorsements by third parties.

A. Testimonials and endorsements used in advertisements shall be genuine, represent the current opinion of the author, be applicable to the policy advertised, and be accurately reproduced. The insurer, in using a testimonial or endorsement, makes as its own all of the statements contained in it, and the advertisement, including the statement, is subject to all the provisions of this chapter.

B. If the person making a testimonial or an endorsement has a financial interest in the insurer or a related entity as a stockholder, director, officer, employee, or otherwise, this fact shall be disclosed in the advertisement. If a person is compensated for making a testimonial or endorsement, this fact shall be disclosed in the advertisement by language substantially as follows: "Paid Endorsement." This section does not require disclosure of union "scale" wages required by union rules if the payment is actually for the "scale" for television or radio performances. The payment of substantial amounts, directly or indirectly, for "travel and entertainment" for filming or recording of television or radio advertisements remove the filming or recording from the category of an unsolicited testimonial and require disclosure of the compensation.

C. An advertisement shall not state or imply that an insurer or a policy has been approved or endorsed by any individual, group of individuals, society, association or other organizations, unless this is the fact, and unless any proprietary relationship between an organization and the insurer is disclosed. If the entity making the endorsement or testimonial has been formed by the insurer or is owned or controlled by the insurer or the person or persons who own or control the insurer, this fact shall be disclosed in the advertisement.

D. When a testimonial refers to benefits received under a policy, the specific claim data, including claim number, date of loss, and other pertinent information shall be retained by the insurer for inspection for a period of four years or until the filing of the next regular report on examination of the insurer, whichever is the longer period of time.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 8, eff. June 1, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-90. Use of statistics.

A. An advertisement relating to the dollar amounts of claims paid, the number of persons insured, or similar statistical information relating to any insurer or policy shall not use irrelevant facts, and shall not be used unless it accurately reflects all current and relevant facts. The advertisement shall not imply that the statistics are derived from the policy advertised unless that is the fact, and when applicable to other policies or plans shall specifically so state.

B. An advertisement shall not represent or imply that claim settlements by the insurer are "liberal" or "generous," or use words of similar import, or that claim settlements are or will be beyond the actual terms of the contract. An unusual amount paid for a unique claim for the policy advertised is misleading and shall not be used.

C. The source of any statistics used in an advertisement shall be identified in the advertisement.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 9, eff. June 1, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-100. Identification of plan or number of policies.

A. When a choice of the amount of benefits is referred to, an advertisement shall disclose that the amount of benefits provided depends upon the plan selected and that the premium will vary with the amount of the benefits selected.

B. When an advertisement refers to various benefits that may be contained in two or more policies, other than group master policies, the advertisement shall disclose that such benefits are provided only through a combination of policies.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 10, eff. June 1, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-110. Disparaging comparisons and statements.

An advertisement shall not directly or indirectly make unfair or incomplete comparisons of policies or benefits or comparisons of noncomparable policies of other insurers, and shall not disparage competitors, their policies, services or business methods, and shall not disparage or unfairly minimize competing methods of marketing insurance.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 11, eff. June 1, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-120. Jurisdictional licensing and status of insurer.

A. An advertisement that is intended to be seen or heard beyond the limits of the jurisdiction in which the insurer is licensed shall not imply licensing beyond those limits.

B. An advertisement shall not create the impression directly or indirectly that the insurer, its financial condition or status, or the payment of its claims, or the merits, desirability, or advisability of its policy forms or kinds or plans of insurance are approved, endorsed, or accredited by any division or agency of this Commonwealth or the United States government.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 12, eff. June 1, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-130. Identity of insurer.

A. The name of the actual insurer, the form number or numbers of the policies advertised, and the form number of any application shall be stated on all invitations to contract. An invitation to contract 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. An advertisement shall not use any combination of words, symbols, or physical materials that 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 this Commonwealth, 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.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 13, eff. June 1, 1975; amended Order of July 25, 1975, eff. September 15, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-140. Group or quasi-group implications.

An advertisement of a particular policy shall not state or imply that prospective insureds become group or quasi-group members covered under a group policy and as such enjoy special rates or underwriting privileges, unless that is the fact.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 14, eff. June 1, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-150. Introductory, initial or special offers.

A. 1. An advertisement of an individual policy shall not directly or by implication represent that a contract or combination of contracts is an introductory, initial or special offer, or that applicants will receive substantial advantages not available at a later date, or that the offer is available only to a specified group of individuals, unless that is the fact. An advertisement shall not contain phrases describing a "time-limited solicitation period" as "special," "limited," or similar words or phrases when the insurer uses the "time-limited solicitation periods" as the usual method of marketing accident and sickness insurance.

2. A "time-limited solicitation period" during which a particular insurance product may be purchased on an individual basis shall not be offered within this Commonwealth unless there has been a lapse of not less than four months between the close of the immediately preceding "time-limited solicitation period" for the same product and the opening of the new solicitation period; provided, a particular insurance product may not be offered on a "time-limited solicitation period" basis more than two times during any 12-month period. The advertisement shall indicate the date by which the applicant must mail the application, which shall be not less than 10 days and not more than 40 days from the date that the "time-limited solicitation period" is advertised for the first time. This section applies to all advertising media, i.e., mail, newspapers, the Internet, radio, television, magazines and periodicals, by any one insurer. It is inapplicable to solicitations of employees or members of a particular group or association that otherwise would be eligible under specific provisions of Title 38.2 of the Code of Virginia for group, blanket or franchise insurance. The phrase "any one insurer" includes all of the affiliated companies of a group of insurance companies under common management or control.

3. Use of the words "enrollment" or "enrollment period" in connection with a "time-limited solicitation period" is prohibited unless the insurance product offered will be issued automatically as advertised upon receipt of the application and premium by the insurer or its agent.

4. This section prohibits any statement or implication to the effect that only a specific number of policies will be sold, or that a time is fixed for the discontinuance of the sale of the particular policy advertised because of special advantages available in the policy, unless that is the fact.

5. The phrase "a particular insurance product" in subdivision 2 of this subsection means an insurance policy that provides substantially different benefits than those contained in any other policy. Different terms of renewability, an increase or decrease in the dollar amounts of benefits or an increase or decrease in any elimination period or waiting period from those available during a "time-limited solicitation period" for another policy shall not be sufficient to constitute the product being offered as a different product eligible for concurrent or overlapping "time-limited solicitation periods."

B. An advertisement shall not offer a policy that utilizes a reduced initial premium rate in a manner that overemphasizes the availability and the amount of the initial reduced premium. When an insurer charges an initial premium that differs in amount from the amount of the renewal premium payable on the same mode, the invitation to contract shall not display the amount of the reduced initial premium either more frequently or more prominently than the renewal premium, and both the initial reduced premium and the renewal premium must be stated in juxtaposition in each portion of the advertisement where the initial reduced premium appears.

C. Special awards, such as a "safe driver award," shall not be used in connection with advertisements of accident and sickness insurance.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 15, eff. June 1, 1975; amended Order of July 25, 1975, eff. September 15, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-160. Statements about an insurer.

An advertisement shall not contain statements which are untrue in fact, or by implication misleading, with respect to the assets, corporate structure, financial standing, age or relative position of the insurer in the insurance business. An advertisement shall not contain a recommendation by any commercial rating system unless it clearly indicates the purpose of the recommendation, the name and a description of the entity through which the rating is obtained, and the limitations of the scope and extent of the recommendation.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 16, eff. June 1, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.

14VAC5-90-170. Enforcement procedures; advertising file; corrective advertising.

A. Each insurer shall maintain at its home or principal office a complete file containing every printed, published or prepared advertisement of its individual policies and typical printed, published or prepared advertisements of its blanket, franchise and group policies hereafter disseminated in this or any other state, whether or not licensed in another state, with a notation attached to each advertisement that indicates the manner and extent of distribution and the form number of any policy advertised. The file shall be subject to regular and periodical inspection by the commission. All the advertisements shall be maintained in a file for the longer of four years or until the filing of the next regular report on examination of the insurer.

B. If the commission finds, after notice and opportunity to be heard, as provided in § 38.2-219 of the Code of Virginia, that any advertisement is in violation of the provisions of this chapter and that the violation was to substantially deceive or to mislead the public, the commission may, in addition to any other remedy or monetary penalty it may otherwise impose, order the insurer responsible for the dissemination of such advertisement to publish at the insurer's expense, a corrective advertisement in a form to be approved by the commission. If an insurer fails to publish a corrective advertisement as required by the commission, the commission may cause a corrective advertisement to be published, and the insurer shall, in addition to any other penalty that may have been imposed, reimburse the commission for the expenses incurred in connection with the publication of the advertisement.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 17, eff. June 1, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004; Volume 26, Issue 8, eff. January 1, 2010.

14VAC5-90-180. Severability.

If any provision of this chapter or its applicability to any person or circumstance is held invalid by a court, the remainder of the chapter, or the applicability of the provision to other persons or circumstances, shall not be affected.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia.

Historical Notes

Derived from Regulation 8, Case No. 19498, § 18, eff. June 1, 1975; amended, Virginia Register Volume 20, Issue 25, eff. August 4, 2004.



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