Tex. Ins. Code §541.082 — what it says, and how the exam tests it

Sec. 541.082. ADVERTISING AND INTERNET WEBSITES. (a) In this section, "insurer" includes: (1) a life insurance company; (2) a health insurance company; (3) an accident insurance company; (4) a general casualty company; (5) a mutual life insurance company or other mutual insurance company; (6) a mutual or natural premium life insurance company; (7) a Lloyd's plan; (8) a county mutual insurance company; (9) a farm mutual insurance company; (10) a reciprocal or interinsurance exchange; (11) a fraternal benefit society; (12) a local mutual aid association; (13) a health maintenance organization; (14) a group hospital service corporation; or (15) a multiple employer welfare arrangement that holds a certificate of coverage under Chapter 846. (b) A web page of an insurer's Internet website must include all appropriate disclosures and information required by applicable rules adopted by the commissioner relating to advertising only if the web page: (1) describes specific policies or coverage available in this state; or (2) includes an opportunity for an individual to apply for coverage or obtain a quote from an insurer for an insurance policy or certificate or an evidence of coverage. (c) As may be permitted by commissioner rule, an insurer may comply with Subsection (b) by including a link to a web page that includes the information necessary to comply with the applicable rules relating to advertising. The link must be prominently placed on the insurer's web page. (d) Web pages of an Internet website that do not refer to a specific insurance policy, certificate of coverage, or evidence of coverage or that do not provide an opportunity for an individual to apply for coverage or request a quote from an insurer are considered to be institutional advertisements subject to rules adopted by the commissioner relating to advertising. (e) Web pages or navigation aids within an insurer's Internet website that provide a link to a web page described by Subsection (b) but that do not otherwise contain content described in Subsection (b) are considered to be institutional advertisements subject to rules adopted by the commissioner relating to advertising. Added by Acts 2007, 80th Leg., R.S., Ch. 475 (H.B. 2251), Sec. 1, eff. September 1, 2007.