NAC681B.590. Restrictions on disclosure of information.

     1. An insurer, agent, broker or other person transacting insurance in this State shall not make, publish, disseminate, circulate or place before the general public, or directly or indirectly cause to be made, published, disseminated, circulated or placed before the general public:

     (a) In a newspaper, magazine or other publication, notice, circular, pamphlet, letter or poster;

     (b) Over any radio or television station, or other electronic medium; or

     (c) In any advertisement, announcement or statement that contains an assertion,

Ê any representation or statement relating to the level of risk-based capital of an insurer.

     2. If any statement that is materially false or otherwise inappropriate with respect to a comparison regarding the total adjusted capital of an insurer, or if an inappropriate comparison of any other amount to the insurer’s level of risk-based capital, is published in any written publication and the insurer presents proof satisfactory to the Commissioner of the falsity or inappropriateness of the statement or comparison, the insurer may publish an announcement in a written publication for the sole purpose of rebutting the materially false or inappropriate statement or comparison.

     (Added to NAC by Comm’r of Insurance by R088-97, eff. 3-19-98)