44-1523. Terms, defined.

405 words·~2 min read·/ne/chapter-44/44-1523

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

For purposes of the Unfair Insurance Trade Practices Act:

(1)Customer means an individual who purchases, applies to purchase, or is solicited to purchase an insurance product primarily for personal, family, or household purposes;

(2)Department means the Department of Insurance;

(3)Director means the Director of Insurance;

(4)Health insurance lead generator means a person that utilizes a lead generating device to

(a)publicize the availability of what is, or what purports to be, a health insurance product or service that the person is not licensed to sell directly to a customer,

(b)identify a customer who may want to learn about a health insurance product, or

(c)sell or transmit customer information to an insurer or producer for follow-up contact and sales activity;

(5)Insured means the party named on a policy or certificate as the individual with legal rights to the benefits provided by such policy or certificate;

(6)Insurer means any person, reciprocal exchange, interinsurer, Lloyds-type insurer or other similar group which includes an incorporated and individual unincorporated underwriter, a fraternal benefit society, or other legal entity engaged in the business of insurance, including an agent, a broker, an insurance consultant, an adjuster, a pharmacy benefit manager, or a third-party administrator. Insurer also includes a health maintenance organization, a prepaid limited health service organization, and a dental, optometric, or other similar health service plan. For purposes of the Unfair Insurance Trade Practices Act, all such insurers shall be deemed to be engaged in the business of insurance;

(7)Lead generating device means a communication directed to the public that, regardless of form, content, or stated purpose, is intended to result in the compilation or qualification of a list containing names and other personal information to be used to solicit residents of this state for the purchase of what is, or what purports to be, a health insurance product or service;

(8)Person means a natural or artificial entity, including, but not limited to, an individual, a partnership, a limited liability company, an association, a trust, or a corporation, including a health insurance lead generator operating as a natural or artificial entity;

(9)Policy or certificate means any contract of insurance, indemnity, suretyship, or annuity issued, proposed for issuance, or intended for issuance by an insurer; and

(10)Recording means an audio reproduction of sales and verification of calls, including virtual technology calls, in its entirety, used in the marketing of insurance.