A Georgia insurer runs an advertisement created by one of its independent agents without reviewing it. Under Georgia's advertising regulation, who is responsible for the advertisement's content?

Why B is correct

Under Reg. 120-2-11-.04, every insurer must maintain a system of control over the content, form and dissemination of all of its advertisements, and all advertisements are the insurer's responsibility regardless of who wrote or placed them. An insurer cannot shift compliance liability for a misleading advertisement onto the agent who drafted it or the medium that carried it.

Why the other options are wrong

• A) The agent's involvement does not relieve the insurer; the regulation places responsibility on the insurer even for agent-created material.
• C) The publishing medium carries no responsibility for insurance advertising compliance.
• D) The Insurance Commissioner enforces the advertising regulation but is not responsible for an insurer's advertisements.

Memory hook

If it's your ad, it's your problem.

Why D is correct

Under Reg. 120-2-11-.04, every insurer must maintain a system of control over the content, form, and dissemination of all of its advertisements. An advertisement remains the insurer's responsibility even when a producer drafted and placed it without company review, which is why insurers must police their producers' advertising. The practical consequence is that the insurer faces regulatory action for a producer's independent ad.

Why the other options are wrong

• A) The rule does not shift responsibility to the author; Reg. 120-2-11-.04 places the system of control on the insurer no matter who wrote the piece.
• B) A newspaper or other medium is simply a dissemination channel and is not the regulated party under the Georgia advertising rules.
• C) The Insurance Commissioner enforces advertising standards but does not pre-approve every advertisement; the insurer's own control system is the required mechanism.

Memory hook

Whoever writes it, the insurer wears it.

Why A is correct

Under Reg. 120-2-11-.04, every insurer must maintain a system of control over the content, form, and dissemination of all its advertisements, and all advertisements are the insurer's responsibility regardless of who wrote or placed them. The Georgia Insurance Department holds the insurer accountable even for independently produced ads, so insurers must police producer advertising.

Why the other options are wrong

• B) The producer is also accountable, but Reg. 120-2-11-.04 makes the advertisement the insurer's responsibility even when the producer created it.
• C) Publication by a newspaper does not shift regulatory responsibility; the insurer controls ad content under Reg. 120-2-11-.04.
• D) The insurer's failure to review does not excuse it; the control requirement in Reg. 120-2-11-.04 applies to all advertisements whether or not reviewed.

Memory hook

Every ad is the insurer's ad — the insurer owns the content no matter who typed it.