Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 40.00 - Marketing of insured health plans
Section 40.10 - Use of Statistics in Marketing

(1) A marketing method using statistics of any type relating to a carrier, including the dollar amounts of claims paid, the time within which claims are paid, or the number of persons insured, shall be considered misleading, and therefore prohibited, unless it identifies the sources of all statistics and accurately reflects all of the relevant facts. A marketing method shall not imply that statistics are derived from the policy advertised or marketed unless such is the fact, and when applicable to other policies shall specifically so state the policies to which it refers.

(2) A marketing method shall not represent or imply that claim settlements by the insurer are "liberal" or "generous" or use words of similar import, that claims settlements are or will be beyond the actual terms of the contract, or shall not portray an unusual amount paid for a unique claim for the policy marketed.

(3) The source of any statistics used in a marketing method shall be identified in such advertisement or marketing method or it shall be considered misleading, and therefore prohibited.