State RegulationsOH specificDifficulty 1/5
An independent Ohio producer creates her own sales flyers for a life insurer's products. Under Ohio's solicitation and advertising rules, who is responsible for the advertising and solicitation materials used in the sale?
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
Under the framework of OAC 3901-6-01 and OAC 3901-6-03, the insurer is responsible for its advertising and solicitation materials, including materials its producers use in solicitation. An agency contract cannot reallocate this regulatory responsibility, and the producer remains separately accountable for any misleading statements, but the insurer cannot escape oversight of how its products are being marketed.
Why the other options are wrong
- B) Authorship does not limit responsibility; the insurer is responsible for the solicitation materials used for its products.
- C) The Ohio Department of Insurance regulates advertising but does not take over the insurer's compliance responsibility for each piece.
- D) A contractual clause cannot shift the regulatory responsibility that OAC 3901-6-01 and 3901-6-03 place on the insurer.
Memory hook
Insurer owns the pitch — even the agent's flyers.