North Dakota Administrative Code
Title 45 - Insurance, Commissioner of
Article 45-04 - Life Insurance
Chapter 45-04-10 - Advertising Rules
Section 45-04-10-01 - Definitions

For the purpose of sections 45-04-10-01 through 45-04-10-08:

1. "Advertisement" is material designed to create public interest in life insurance or annuities or in an insurer or in an insurance agent or agency, or to induce the public to purchase, increase, modify, reinstate, or retain a policy including:

a. Printed and published material, audiovisual material, and descriptive literature of an insurer or agent used in direct mail, newspapers, magazines, radio, and television scripts, billboards, and similar displays.

b. Descriptive literature, identification cards, and sales aids of all kinds issued by an insurer or agent, including, but not limited to, business calling cards, lead cards, surveys, circulars, leaflets, booklets, depictions, illustrations, and form letters.

c. Material used for the recruitment, training, and education of an insurer's sales personnel, agents, solicitors, and brokers which is designed to be used or is used to induce the public to purchase, increase, modify, reinstate, or retain a policy.

d. Prepared sales talks, presentations, and material for use by sales personnel, agents, solicitors, and brokers.

2. "Advertisement" for the purpose of this chapter does not include:

a. Communications or materials used within an insurer's, agent's, or broker's own organization and not intended for dissemination to the public.

b. Communications with policyholders other than material urging policyholders to purchase, increase, modify, reinstate, request information relating to, or retain a policy.

c. A general announcement from a group or blanket policyholder to eligible individuals on an employment or membership list that a policy or program has been written or arranged; provided the announcement clearly indicates that it is preliminary to the issuance of a booklet explaining the proposed coverage.

3. "Insurer" includes any individual, corporation, partnership, reciprocal exchange, interinsurer, Lloyd's, fraternal benefit society, and any other legal entity which is defined as an "insurer" in the insurance code of this state or issues life insurance or annuities in this state and is engaged in the advertisement of a policy. This term also includes insurance agents, brokers, and agencies insofar as their own advertising practices for a particular policy or type of coverage are concerned.

4. "Policy" includes any policy, plan, certificate, contract, agreement, statement of coverage, rider, or endorsement which provides for life insurance or annuity benefits.

General Authority: NDCC 26.1-04-08, 28-32-02

Law Implemented: NDCC 26.1-04-03(1), 26.1-04-03(2), 26.1-04-07