Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 14 - ADVERTISEMENTS OF ACCIDENT AND SICKNESS INSURANCE › Section 210-14-007 - Advertisements of Benefits Payable, Losses Covered or Premiums Payable

Current through June 17, 2024
007.01 Deceptive
				Words, Phrases or Illustrations Prohibited
007.01A 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.
007.01B 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 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 which exaggerates any benefits beyond the terms of the
				policy.
007.01C 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 two years." 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.
007.01D 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 such a manner as to
				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.
007.01E 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 unless such
				statements of such monthly or weekly benefit amounts are followed immediately
				by equally prominent statements of the benefit payable on a daily basis; for
				example, either of the following statements is acceptable: $1, 000.00 a Month
				($ 33.33 a Day)" or "$ 33.33 a Day ($1, 000.00 a Month)". When the policy
				contains a limit on the number of days of coverage provided, such limit must
				appear in the advertisement.
007.01F 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.
007.01G 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 in prominent type state the limited nature of the policy. The
				statement shall be 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".
007.01H An advertisement of a direct response
				insurance product shall not 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
				such policies is a substantial cost in the marketing of a direct response
				insurance product.