Rule 20:06:10:10 Use of statistics.
of statistics. Statistics shall be used as follows:
(1) An advertisement or
solicitation relating to the dollar amounts of claims paid, the number of
persons insured, or similar statistical information relating to any insurer or
policy may not use irrelevant facts, and may not be used unless it accurately
reflects all of the relevant facts. Such an advertisement or solicitation may
not imply that such statistics are derived from the policy advertised unless
such is the fact, and when applicable to other policies or plans shall
specifically so state;
(2) An advertisement or
solicitation may not represent or imply that claim settlements by the insurer
are "liberal" or "generous", or use words of similar
import, or that claim settlements are or will be beyond the actual terms of the
contract. An unusual amount paid for a unique claim for the policy advertised
is misleading and may not be used;
(3) The source of any
statistics used in an advertisement or solicitation shall be identified in such
advertisement or solicitation.
4 SDR 6, effective August 9, 1977; 12 SDR 151, 12 SDR 155, effective July 1,
1986; 27 SDR 54, effective December 4, 2000; 38 SDR 116, effective January 10,
Authority: SDCL 58-33A-7.
Implemented: SDCL 58-33-5, 58-33-6, 58-33-7, 58-33A-8, 58-33A-10.
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