State RegulationsGA specificDifficulty 1/5
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?
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Answer & full 3-part explanation (select an option above, or peek)
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.