State RegulationsGA specificDifficulty 2/5
A Georgia producer designs and places his own newspaper advertisement for an insurer's policy without sending it to the insurer for review, and the ad contains an inaccurate benefit statement. Under Georgia's advertising rules, who is responsible for the advertisement's content?
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Answer & full 3-part explanation (select an option above, or peek)
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.