State RegulationsGA specificDifficulty 1/5
An independent advertising agency creates an insurance advertisement that a Georgia insurer's appointed agent distributes to the public. 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 C is correct
Under Reg. 120-2-11-.04, every insurer must maintain a system of control over the content, form, and dissemination of all advertisements of its policies, and all advertisements are the insurer's responsibility regardless of who wrote, produced, or placed them. An insurer cannot escape accountability for a misleading ad by pointing to its agency or its producers.
Why the other options are wrong
- A) The advertising agency is not the regulated party; the regulation places responsibility on the insurer whose products are being advertised.
- B) The distributing agent acts within the insurer's appointment, and the regulation assigns the duty of control to the insurer, not solely to the agent.
- D) Responsibility does not hinge on pre-filing; the insurer's control duty over its advertisements applies regardless of any filing status.
Memory hook
The insurer signs off on every ad — no blame-the-agency defense.