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31 Pa. Code § 89.786. Standards for marketing.

§ 89.786. Standards for marketing.

 (a)  An issuer, directly or through its producers, shall:

   (1)  Establish marketing procedures to assure that comparison of policies by its producers will be fair and accurate.

   (2)  Establish marketing procedures to assure excessive insurance is not sold or issued.

   (3)  Display prominently by type, stamp or other appropriate means, on the first page of the policy the following:

 ‘‘Notice to buyer: This policy may not cover all of your medical expenses.’’

   (4)  Inquire and otherwise make every reasonable effort to identify whether a prospective applicant or enrollee for Medicare supplement insurance already has accident and sickness insurance and the types and amounts of this insurance.

   (5)  Establish auditable procedures for verifying compliance with this subsection.

 (b)  In addition to the practices prohibited by the Unfair Insurance Practices Act (40 P. S. § §  1171.1—1171.15), the following acts and practices are prohibited:

   (1)  Twisting. Knowingly making any misleading representation or incomplete or fraudulent comparison of insurance policies or insurers for the purpose of inducing, or tending to induce, a person to lapse, forfeit, surrender, terminate, retain, pledge, assign, borrow on or convert an insurance policy or to take out a policy of insurance with another insurer.

   (2)  High pressure tactics. Employing a method of marketing having the effect of or tending to induce the purchase of insurance through force, fright, threat, whether explicit or implied, or undue pressure to purchase or recommend the purchase of insurance.

   (3)  Cold lead advertising. Making use directly or indirectly of a method of marketing which fails to disclose in a conspicuous manner that a purpose of the method of marketing is solicitation of insurance and that contact will be made by a producer or insurance company.

 (c)  The terms ‘‘Medicare Supplement,’’ ‘‘Medigap,’’ ‘‘Medicare Wrap-Around’’ and similar words may not be used unless the policy is issued in compliance with this subchapter.


   The provisions of this §  89.786 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3841; amended May 6, 2005, effective May 7, 2005, 35 Pa.B. 2729. Immediately preceding text appears at serial pages (272563) to (272564).

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