Sec. 38a-586. (Formerly Sec. 38-174rr). False or misleading advertising or solicitation and deceptive evidence of coverage prohibited.
Sec. 38a-586. (Formerly Sec. 38-174rr). False or misleading advertising or solicitation and deceptive evidence of coverage prohibited. (a) No dental plan organization or representative thereof may cause or knowingly permit the use of advertising
which is untrue or misleading, solicitation which is untrue or misleading, or any form
of evidence of coverage which is deceptive. For purposes of sections 38a-577 to 38a-590, inclusive: (1) A statement or item of information shall be deemed to be untrue if
it does not conform to fact in any respect which is or may be significant to an enrollee
of, or person considering enrollment in, a dental plan; (2) a statement or item of information shall be deemed to be misleading whether or not it may be literally true, if, in the
total context in which the statement is made or the item of information is communicated,
the statement or item of information may be reasonably understood by a person who
does not possess special knowledge regarding dental plan coverage as indicating any
benefit or advantage or the absence of any exclusion, limitation, or disadvantage of
possible significance to an enrollee of, or person considering enrollment in, a dental
plan if the benefit or advantage or absence of exclusion, limitation, or disadvantage does
not in fact exist; and (3) evidence of coverage shall be deemed to be deceptive if the
evidence of coverage taken as a whole, and with consideration given to typography,
format and language, may cause a person who does not possess special knowledge
regarding dental plans and evidence of coverage therefor, to expect benefits, services,
charges or other advantages which the evidence of coverage does not provide or which
the dental plan organization issuing the evidence of coverage does not regularly make
available for enrollees covered under such evidence of coverage.
(b) No dental plan organization, unless licensed as an insurer, may use in its name,
evidence of coverage or literature any of the words "insurance", "assurance", "casualty",
"surety", "mutual" or any other words descriptive of the insurance, casualty or surety
business or deceptively similar to the name or description of any insurer licensed to do
business in this state.
(P.A. 88-272, S. 10.)
History: Sec. 38-174rr transferred to Sec. 38a-586 in 1991.