§ 51.35. Identity of the company and contracts.
(a) The name of the actual insuring company shall be clearly identified in all of its advertisements. The contracts advertised shall be identified by form number or other appropriate identification, so as to clearly identify the contract or contracts advertised. An advertisement may not use a trade name, an insurance group designation, name of the parent company of the insurer, name of a particular division of the insurer, service mark, slogan, symbol or other device which, without disclosing the name of the actual insurer, would have the capacity and tendency to mislead or deceive as to the true identity of the company.
(b) An advertisement may not contain an address other than that of the company’s home office address, unless the ‘‘other address’’ is an actual branch or district office of the company and is identified as such.
(c) An advertisement may not use a combination of words or physical materials which by their content, phraseology, shape, color or other characteristics are so similar to combinations of words or physical materials used by agencies of the Federal government or of this Commonwealth, or otherwise appear to be of a nature that the same tend to confuse or mislead prospective insureds into believing that the solicitation is in some manner connected with an agency of the municipal, State or Federal government. The following are illustrations of combinations of words and physical materials which are presumed to mislead and confuse prospective insureds:
(1) Use of names as follows:
(i) Mailings sent to truck drivers living in this Commonwealth bearing the caption indicating that the sender is the ‘‘Department of Information, Pennsylvania Truckers Division, Harrisburg, Pennsylvania.’’
(ii) Mailings sent to employes of this Commonwealth bearing the caption indicating that the sender is the ‘‘Government Employees Division’’ and that the mailing is an announcement of a ‘‘Special Government Employees Health Plan.’’
(iii) Mailings sent to farmers living in this Commonwealth bearing the caption indicating that the sender is the ‘‘Pennsylvania Farmers Division.’’
(iv) Other examples include the following: ‘‘National Health Plan Agency’’; ‘‘State Health Insurance Service Agency’’; ‘‘Pennsylvania Hospital Service Agency, Inc.’’; ‘‘Labor Unions Health & Welfare, Inc.’’; ‘‘International Farm Agency Advisory Board’’; ‘‘Disability Division’’; ‘‘Senior Citizens Division.’’
(2) Use of physical materials as follows:
(i) Use of a window mailing envelope comparable in size, format or color to the envelopes used by the United States Treasury Department and the Federal Social Security Administration and on which are printed captions such as ‘‘Important Business’’ or ‘‘Do Not Destroy.’’
(ii) Use of computer punch cards as applications for insurance or as requests for additional information concerning the offered insurance program on which are featured prominently references to Federal statutes, as for example: The utilization of a card which is of a color and design similar to official documents and checks issued by various agencies of the Federal government which reads ‘‘Please return immediately. A regular monthly income, plus other benefits, may be coming to you under U. S. Public Law No. 85-840 (Social Security Law) if you qualify.’’
(iii) Use of a return address such as a post office box in Harrisburg, which is nothing more than a mail drop but which tends to add to the appearance of the mailed piece as an official government mailing.
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