Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.006 - Advertisements of Benefits Payable, Losses Covered or Premiums Payable

Current through Reg. 50, No. 138; July 16, 2024
(1) Deceptive Words, Phrases, or
				Illustrations Prohibited.
(a) No advertisement
				shall omit information or use words, phrases, statements, references or
				illustrations if the omission of such information or use of such 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.
(b) No
				advertisement shall contain or use words or phrases such as "all," "full,"
				"complete," "comprehensive," "unlimited," "up to," "as high as," "this policy
				will help pay your hospital and surgical bills," "this policy will help fill
				some of the gaps that your present insurance leaves 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 which exaggerates any benefits beyond
				the terms of the policy.
(c)
1. An advertisement that is also an
				invitation to join an association, trust, or discretionary group shall solicit
				insurance coverage on a separate and distinct application that requires
				separate signatures for each application.
2. The insurance program must be presented so
				as not to mislead or deceive the prospective members regarding the fact that
				they are purchasing insurance as well as applying for membership, if that is
				the case.
3. Any applicable
				membership fees or dues shall be disclosed on each application and must appear
				separately so as not to be construed as part of the premium for insurance
				coverage.
(d) An
				advertisement shall not contain descriptions of a policy limitation, exception,
				or reduction, 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 a limited period of time." Words and
				phrases used in an advertisement to describe such policy limitations,
				exceptions and reductions shall fairly and accurately describe the negative
				features of such limitations, exceptions, and reductions of the policy
				offered.
(e) No advertisement of a
				benefit for which payment is conditional upon confinement in a hospital or
				similar facility shall use words or phrases such as "tax free," "extra cash,"
				"extra income," "extra pay," or substantially similar words or phrases in a
				manner which would 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 or disabled.
(f) No advertisement of a hospital or other
				similar facility confinement benefit shall 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, such limit must appear in the advertisement.
(g) No advertisement of a policy covering
				only one disease or a list of specified diseases shall imply coverage beyond
				the terms of the policy. Synonymous terms shall not be used to refer to any
				disease so as to imply broader coverage than is the fact.
(h) An advertisement for a policy providing
				benefits for specified illnesses only, such as cancer, or for specified
				accidents, such as automobile accidents, or for a limited benefit, such as
				nursing home coverage only, shall clearly and conspicuously in prominent type
				state 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," "THIS IS A NURSING HOME COVERAGE ONLY POLICY."
(i) An advertisement of health insurance sold
				by direct response shall not use the phrases, "no salesman will call," or "no
				agent will call," or "by eliminating the agent and/or commission, we can offer
				this low cost plan" or similar wording in a misleading
				manner.