New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter IX - Unfair Trade Practices
Part 215 - Advertisements Of Accident And Health Insurance
Section 215.15 - Introductory, initial or special offers
Universal Citation: 11 NY Comp Codes Rules and Regs ยง 215.15
Current through Register Vol. 46, No. 39, September 25, 2024
(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 such is the fact. An advertisement
shall not describe an enrollment period as "special", or "limited", or use
similar words or phrases when the insurer uses enrollment periods as the usual
method of advertising accident and sickness insurance.
(2) An enrollment period during which a
particular insurance product may be purchased on an individual basis shall not
be offered within the same marketing area unless there has been a lapse of not
less than six months between the close of the immediately preceding enrollment
period for the same product and the opening of the new enrollment 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 such enrollment period is advertised for the first time. This
rule applies to all advertising media, i.e., mail, newspapers, radio,
television, magazines and periodicals, by any one insurer. It is inapplicable
to solicitations of employees or members of a particular group or association
which otherwise would be eligible under specific provisions of the New York
Insurance Law for group, blanket or franchise insurance. The phrase "any one
insurer" includes all the affiliated companies of a group of insurance
companies under common management or control.
(3) This rule 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
such is the fact.
(4) The phrase "a
particular insurance product" in paragraph (2) of this subdivision means an
insurance policy which 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; an increase or decrease in any
elimination period or waiting period from those available during an enrollment
period for another policy shall not be sufficient to constitute the product
being offered as a different product eligible for concurrent or overlapping
enrollment periods.
(b) An advertisement shall not offer a policy which utilizes a reduced initial premium rate in a manner which overemphasizes the availability and the amount of the initial premium.
(c) Special awards, such as a "safe drivers' award" shall not be used in connection with the advertisements of accident and health insurance.
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