(A) Purpose
The purpose of this rule is to set forth
procedures and requirements for the licensing and appointment of insurance
agents in this state; and to identify lines of authority eligible for limited
lines licenses.
(B) Authority
This rule is promulgated pursuant to the
authority vested in the superintendent under sections 3901.041, 3905.04,
3905.12, 3905.20 and 3905.95 of the Revised Code.
(C) Definitions
For purposes of this rule:
(1) "Insurer"
and "insurance company" shall have the same meaning in this rule as
"insurer" does in section 3901.32 of the Revised Code.
(2) "Clearance
letter" is the certification to another state of an agent's license
status when moving out of Ohio.
(D) Resident individual agent licensing
(1) An applicant must comply with the
requirements contained in sections 3905.05 and 3905.06 of the Revised Code for
the appropriate line of authority.
(2) An individual applying for a resident
insurance agent license shall do all of the following:
(a) The applicant shall complete any pertinent pre-licensing
education for the lines of authority listed below unless the applicant is
exempt pursuant to paragraph (D) of rule 3901-5-07 of the Administrative
Code:
(i) Life: twenty
hours;
(ii) Accident and health:
twenty hours;
(iii) Property: twenty
hours;
(iv) Casualty: twenty
hours;
(v) Personal lines:
twenty hours;
(vi) Surety bail bonds:
twenty hours;
(b) Pass any required licensing examination as set forth in
division (B) of section 3905.04 of the Revised Code;
(c) Request a criminal records check as set forth in section
3905.051 of the Revised Code;
(d) Submit a completed application form prescribed by the
superintendent;
(e) Pay any required fees; and
(f) Submit any other information or supporting
documentation as requested by the superintendent.
(3) A completed application may not be
submitted until the applicant has passed any required licensing examination,
but must be submitted within one hundred eighty calendar days of the
applicant's passing that examination. An extension shall be granted if the
applicant is deployed for active military service.
(4) The superintendent
shall request information at the time of application to identify if applicant
is an active military member or veteran, spouse of an active military member or
veteran or the surviving spouse. Any active military, veteran, spouse or
surviving spouse applications not submitted and automatically approved through
the electronic application system shall receive expedited service to the extent
all requirements for licensure are met.
(5) An applicant is not eligible for a
license until the superintendent or the superintendent's designee, as
determined by the superintendent, receives a completed application including
the completed application form, the criminal records check, any other
information required by the superintendent and any required fees. An incomplete
application cannot be processed by the superintendent and may be returned to
the applicant.
(6) A license shall be deemed issued on
the date the application is approved by the superintendent.
(7) A license shall be issued in the
legal name of the applicant.
(8) If an agent has active appointments
at the time the agent's licenses are inactivated by agent request,
canceled, non-renewed, suspended, revoked or surrendered, the superintendent
shall notify the appointing companies of the inactivation, cancellation,
non-renewal, suspension, revocation or surrender.
(9) An agent must report to the
superintendent all demographic changes (i.e. name, resident address, business
address, mailing address, email address, etc.) within thirty days of the
change.
(E) Nonresident individual agent licensing
(1) An individual
applying for a nonresident insurance agent license shall do all of the
following:
(a) Submit a completed application form prescribed by the
superintendent;
(b) Comply with the requirements set forth in section 3905.07 of
the Revised Code for the appropriate line of authority;
(c) Pay any required fees; and
(d) Submit any other information or supporting
documentation as requested by the superintendent.
(2) Upon satisfying the
requirements of this rule, a nonresident agent license shall be issued to the
applicant granting the applicant the same scope of authority as the applicant
has under the license issued by the applicant's home state.
(3) If the
applicant's home state does not issue nonresident insurance agent licenses
to residents of this state, then the applicant must complete any licensing
requirements that are imposed upon residents of this state.
(4) A nonresident license
shall be deemed issued on the date the application is approved by the
superintendent.
(5) A license shall be
issued in the legal name of the applicant.
(6) A nonresident agent who applies for a
line of authority for which he is not licensed in his home state must fulfill
the requirements for an Ohio resident agent license for that type of
authority.
(7) An agent must report to the
superintendent all demographic changes (i.e. name, resident address, business
address, mailing address, email address, etc.) within thirty days of the
change.
(8) A nonresident must maintain an active
resident license in another state in order to maintain the nonresident Ohio
license. Failure to maintain an active resident license is grounds for the
revocation of an Ohio non-resident license. It is the agent's
responsibility to notify the superintendent of a change in the agent's
resident license state.
(F) Limited lines licenses
(1) A person may obtain a
limited lines license for one or more of the lines of insurance specified in
paragraph (F)(2) of this rule so long as the following conditions are
met:
(a) Submitted a completed application form or other form and
means prescribed by the superintendent;
(b) Pay any required fees;
(c) Applicants applying as a resident individual must
request a criminal records check as set forth in section 3905.051 of the
Revised Code;
(d) Submit any other information or supporting
documentation as requested by the superintendent;
(e) The applicant is of good reputation and character, is
honest and trustworthy, and is otherwise suitable to be licensed;
and
(f) Resident applicants must comply with the requirements
set forth in sections 3905.05 and 3905.06 of the Revised Code. Nonresident
applicants must comply with the requirements contained in section 3905.07 of
the Revised Code.
(2) Limited lines
licenses may be issued for the following lines of insurance:
(a) Credit insurance products as defined in division (G) of
section 3905.01 of the Revised Code;
(b) Rental car insurance in accordance with rule 3901-5-10 of the
Administrative Code;
(c) Crop insurance providing protection against damage to crops
from unfavorable weather conditions, fire, or lightning, flood, hail, insect
infestation, disease or other yield-reducing conditions or perils provided by
the private insurance market, or that is subsidized by the federal crop
insurance corporation, including multi-peril crop insurance;
(d) Funeral expense insurance sold to provide for payment of
funeral or burial goods and services in accordance with sections 3905.45 and
3905.451 of the Revised Code so long as the agent is also a licensed funeral
director in this state.
(e) Title insurance marketing representative as provided in
paragraph (G) of this rule;
(f) Portable electronics insurance as provided in section
3905.062 of the Revised Code;
(g) Self-service storage insurance as provided in section
3905.063 of the Revised Code;
(h) Travel insurance coverage as provided in section
3905.064 of the Revised Code; and
(i) Any limited lines insurance agent license as required
by section 3905.072 of the Revised Code.
(3) No pre-licensing education, licensing
examination or continuing education is required for a limited lines license.
Except as specified by sections 3905.85 and 3905.88 of the Revised Code and in
accordance with paragraph (D) of rule 3901-5-01 of the Administrative
Code.
(4) Limited lines licenses are subject to
section 3905.14 of the Revised Code and all other requirements for agents,
except as provided in this rule.
(5) A license shall be
deemed issued on the date the application is approved by the
superintendent.
(6) A license shall be
issued in the legal name of the applicant.
(7) Upon satisfying the
requirements of this rule, a nonresident limited line agent license shall be
issued to the applicant granting the applicant the same scope of authority as
the applicant has under the license issued by the applicant's home
state.
(8) If the
applicant's home state does not issue nonresident limited line insurance
agent licenses to residents of this state, then the applicant must complete any
licensing requirements that are imposed upon residents of this
state.
(9) A nonresident agent
who applies for a line of authority for which the agent is not licensed in the
home state must fulfill the requirements for an Ohio resident agent license for
that type of authority.
(10) A nonresident must
maintain an active resident limited line license in another state in order to
maintain his nonresident Ohio license. Failure to maintain an active resident
license is grounds for the revocation of an Ohio nonresident license. It is the
agent's responsibility to notify the superintendent of a change to the
agent's resident license state.
(11) The holder of a limited lines license
may not sell, solicit, or negotiate insurance on behalf of any insurer unless
appointed to represent that insurer.
(12) If an agent has
active appointments at the time the agent's licenses are inactivated by
agent request, canceled, non-renewed, suspended, revoked or surrendered, the
superintendent shall notify the appointing companies of the inactivation,
cancellation, non-renewal, suspension, revocation or surrender.
(13) An agent must report
to the superintendent all demographic changes (i.e. name, resident address,
business address, mailing address, email address, etc.) within thirty days of
the change.
(14) The superintendent has discretion to
investigate the suitability of an applicant for a limited lines license and may
suspend, revoke, refuse to issue, or renew a limited lines license for any of
the reasons that the superintendent may refuse to issue a full-lines
agent's license.
(G) Title insurance marketing representative
(1) Persons who market
goods and services associated with the issuance of title insurance shall obtain
a limited lines license as a title insurance marketing representative. A title
insurance marketing representative shall be appointed by a licensed title
agent. A title insurance marketing representative may solicit and perform
marketing services only on behalf of the appointing agent. A title insurance
marketing representative who holds a limited lines license may not do any of
the following:
(a) Quote filed title insurance rates or premiums;
(b) Discuss insurance coverages, benefits or limits except that
the marketing representative may, in general terms, explain the basic
differences between an owner's policy and a lender's
policy;
(c) Make recommendations, provide advice about, or negotiate
title insurance;
(d) Execute or issue a title insurance policy, binder or
commitment;
(e) Determine insurability;
(f) Holds oneself out as a representative of a title insurance
company.
(2) A title agent who
appoints a title insurance marketing representative shall be responsible for
the acts and omissions of the title insurance marketing representative.
Violations of the insurance laws in Title 39 of the Revised Code that are
committed by a title insurance marketing representative will be attributed to
the appointing title agent as well as to the marketing representative and will
subject the appointing licensed title agent to a civil forfeiture in an amount
not to exceed ten thousand dollars for each violation, unless the violation is
reported by the title agent to the superintendent promptly upon discovery and
the title agent takes appropriate remedial action.
(3) Any written materials
used or distributed by a title insurance marketing representative must be
pre-approved by the licensed title agent that appointed the title insurance
marketing representative.
(4) No pre-licensing
education, licensing examination or continuing education is required for a
person who holds a limited lines license as a title insurance marketing
representative.
(5) No person who is
prohibited under division (B) of section 3953.21 of the Revised Code from
acting as an agent for a title insurance company shall be licensed as a title
insurance marketing representative.
(6) A license as a title
insurance marketing representative is valid and authorizes the holder to act as
a title insurance marketing representative to the extent permitted by law only
so long as the person is appointed by a licensed title insurance
agent.
(7) A title marketing
representative may be appointed by only one title agent at any given
time.
(H) Resident business entity licenses
(1) A business entity that is either
domiciled in Ohio or maintains a principal place of business in Ohio may be
licensed as an insurance agent in this state if it satisfies all of the
following conditions:
(a) Submits a completed business entity application prescribed by
the superintendent;
(b) Complies with division (B) of section 3905.05 of the Revised
Code and division (A)(2) of section 3905.06 of the Revised Code;
(c) Is authorized to do business in the state of Ohio by the Ohio
secretary of state if so required by section 1703.03, 1705.54, or 1775.64 of
the Revised Code;
(d) Pays any required fees; and
(e) Submits any other information or supporting
documentation as requested by the superintendent.
(2) A resident business entity agent
license shall be deemed issued on the date and the application is approved by
the superintendent.
(3) A resident business
entity agent must maintain at least one designated licensed individual
insurance agent who will be responsible for the business entity's
compliance with the insurance law of this state. Failure to maintain a licensed
agent is grounds for revocation of the business entity's
license.
(4) If the resident
business entity ceases to exist as a corporate or other legal entity, its agent
license shall be subject to revocation.
(5) A business entity
agent must report any change in its name, address, email address, licensed
agents, officers, directors, and members or owners with ten per cent or more
voting interest in the licensed entity to the superintendent within thirty days
of such change.
(6) In addition to the
requirements in paragraph (H)(5) of this rule, a business entity title agent
must notify the superintendent of any change in its ownership or in the
ownership of any business entity holding an ownership interest in the business
entity title agent within thirty days and must include an organizational chart
that shows all owners and their percentages of ownership of both the business
entity title agent and business entities having ownership
interests.
(7) A resident business
entity applicant must apply for licensure under the legal name of the applicant
as registered with the Ohio secretary of state. The superintendent may deny the
use of a name that is too similar to a name already in use by another business
entity or a name that may be misleading to the public.
(I) Nonresident business entity licenses
(1) A business entity
domiciled in another state or whose principal place of business is in another
state may be licensed as an insurance agent in this state if it satisfies all
of the following conditions:
(a) Submits a completed business entity application prescribed by
the superintendent;
(b) Complies with the provisions of section 3905.07 of the
Revised Code;
(c) Pay any required fees; and
(d) Submits any other information or supporting
documentation as requested by the superintendent.
(2) Upon satisfying the
requirements of this rule, a nonresident business entity license shall be
issued to the applicant granting the applicant the same scope of authority as
the applicant has under the license issued by the applicant's home
state.
(3) A nonresident
business entity agent license shall be deemed issued on the date and the
application is approved by the superintendent.
(4) A nonresident
business entity agent must maintain at least one individual insurance agent
licensed in Ohio who will be responsible for the business entity's
compliance with the insurance laws of this state. Failure to maintain an Ohio
licensed agent is grounds for revocation of the business entity's
license.
(5) Registration with the
Ohio secretary of state is not a license prerequisite for nonresident business
entity licensure. Nonresident business entities should contact the Ohio
secretary of state to verify if registration is required in order to do
business in the state of Ohio. Registration with the Ohio secretary of state
may be required pursuant to section 1703.03, 1705.54, or 1775.64 of the Revised
Code.
(6) A business entity
agent must report any change in its name, address, email address, licensed
agents, officers, directors, and members or owners with ten per cent or more
voting interest in the licensed entity to the superintendent within thirty days
of such change.
(7) A business entity
title agent must notify the superintendent of any change in its ownership or in
the ownership of any business entity holding an ownership interest in the
business entity title agent within thirty days and must include an
organizational chart that shows all owners and their percentage of ownership of
both the business entity title agent and business entities having ownership
interests.
(8) A nonresident
business entity applicant must apply for licensure under the legal name of the
applicant. The superintendent may deny the use of a name that is too similar to
a name already in use by another business entity or a name that may be
misleading to the public.
(J) License renewal
(1) An agent who wishes
to renew their insurance agent license shall do all of the
following:
(a) Submit a completed renewal application prescribed by the
superintendent;
(b) Comply with the renewal requirements set forth in section
3905.06, 3905.07 or 3905.85 of the Revised Code;
(c) Complete any CE credit requirement prior to submitting a
license renewal application:
(i) Resident individual
agents who hold a major line of authority license have a CE credit requirement
of twenty-four credits (three of which must be approved as ethics
credits).
(ii) Resident individual
title agents have a CE credit requirement of twelve credits (ten of which must
be approved as title credits and two of which must be approved as ethics
credits).
(iii) Resident individual
surety bail bond agents have a CE credit requirement of seven credits (six of
which must be approved as surety bail bond credits and one of which must be
approved as ethics credits). Surety bail bond agents shall be exempt from
completing surety bail bond CE requirements for their first renewal cycle if
the agent was initially issued a surety bail bond license in January or
February of the same calendar year of their first renewal cycle.
(d) Pay any required fees;
(i) License renewal fee
as set forth in section 3905.40 or 3905.85 of the Revised Code;
(ii) In addition to the
license renewal fee, the fee for filing a renewal application during the late
renewal period is fifty dollars; or
(iii) In addition to the
license renewal fee, the fee for filing a renewal application during the
reinstatement period is one hundred dollars.
(iv) The superintendent
shall waive the fee in paragraphs (J)(1)(d)(ii) and (J)(1)(d)(iii) of this rule
due to active military service. In addition, the superintendent has the
authority to waive the fees due to long term medical disability, or some other
special or extenuating circumstance.
(e) Submit any other information or supporting
documentation as requested by the superintendent.
(2) Individual resident
and non-resident insurance agent licenses with a limited line of authority,
major line of authority or title shall renew their license by the last day of
their birth month. No transition period from date of initial licensure to the
date of the first license expiration shall be less than eighteen months or more
than twenty-nine months.
(3) On-going license
expiration dates after the initial license renewal for individual resident and
non-resident insurance agent licenses with a limited line of authority, major
line of authority or title shall be the last day of the agent's birth
month every two years thereafter.
(4) Non-resident business
entities shall renew by the last day of September in odd numbered years.
On-going renewal dates shall be the last day of September every odd numbered
year thereafter.
(5) Resident business
entities shall renew by the last day of September in even numbered years.
On-going renewal dates shall be the last day of September every even numbered
year thereafter.
(6) All surety bail bond
agents shall renew their surety bail bond license by the last day of February
each year.
(K) Appointments
(1) Within thirty days
after the date the agency contract is executed or the first insurance
application is submitted, each insurer shall file a notice of appointment with
the superintendent regarding all agents who were newly appointed to represent
the insurer. Additionally, within thirty days of a termination, each insurer
shall notify the superintendent of any agents whose appointments were
terminated by the insurer. The insurer shall specify the effective date of
appointment or termination for each agent. The insurer shall identify each
agent by the full name that appears on the agent's insurance license,
national producer number or other such identification number as requested by
the superintendent, and such other information as the superintendent may
require.
(2) All individual and
business entity agent appointments and terminations must be submitted to the
superintendent electronically.
(a) An insurer that annually appoints and/or terminates
twenty-five or fewer agents may make non-electronic appointments and
terminations.
(b) Any insurer that annually appoints and/or terminates more
than twenty-five agents but that is unable to process electronic appointments
and terminations must provide adequate documentation explaining its inability
to comply.
(3) Appointments will
renew automatically on the first day of July each year unless the insurer
terminates the appointment prior to the renewal date.
(4) No appointment shall
be effective unless the appointee is licensed for that line of
authority.
(5) The superintendent
will bill insurers for the initial and renewal appointment fees. If an agent
holds both a property and casualty appointment with an insurer, a single
appointment fee will be billed for those appointments that are processed at the
same time.
(6) If the termination of
an appointment is for any of the reasons set forth in division (B) of section
3905.14 of the Revised Code, the insurer shall provide a detailed statement of
the facts and the reasons for the termination to the superintendent within
thirty days of the effective date of the termination. Insurers who provide such
statements shall be immune from liability to the extent provided in section
3905.211 of the Revised Code.
(L) Inactive status
(1) An agent may request
inactive status by submitting a form prescribed by the superintendent and such
other information as the superintendent may request. The agent must attest that
the conditions in paragraph (L)(2) of this rule are met.
(2) An agent may be
eligible for inactive status only if and so long as all of the following
conditions are met at the time of the inactivation request:
(a) The agent is not employed or engaged, full or part-time, in
any capacity for which an agent's license is required and does not engage
in or in any way participate in or assist with any activity for which an
agent's license is required in this state. This does not apply to clerical
or ministerial acts;
(b) The agent must be out of the insurance industry in relation
to any duties or activities that would require an agent's license for at
least the next twenty-four months;
(c) The agent must be in compliance with their continuing
education requirements;
(d) The agent must be in good standing with the
superintendent;
(e) The agent is a natural person and holds an active resident
major line of authority, title, or surety bail bond license in this state at
the time of inactivation request; and
(f) The request for inactivation was received by the
superintendent prior to the expiration date of the license.
(3) If the superintendent
is satisfied that the agent is eligible for inactive status, the superintendent
shall notify the agent and all appointing insurers and agents about the
inactive status.
(4) A person who has been granted
inactive status must notify each insurer with which he or she is appointed no
later than ten days after inactive status is granted. Failure to do so is
grounds to terminate the inactive status. All appointments held by an agent who
has been granted inactive status shall be void as of the date inactive status
is granted.
(5) If an agent is granted inactive
status and subsequently engages in, participates or assists in any way in any
conduct or activity for which a license is required, excluding clerical or
ministerial acts, such agent's license(s) may be suspended or revoked or
the superintendent may impose a civil penalty in an amount not to exceed
twenty-five thousand dollars.
(6) When an agent is granted inactive
status, the inactive status affects all licenses and appointments held by that
agent except surety bail bond and title which may be maintained independent of
the inactivation of other licenses.
(7) An agent who has been granted
inactive status is exempt from the continuing education requirements of this
state.
(8) An agent who has been inactive two
years or more may return to active status upon the following
conditions:
(a) The agent notifies the superintendent using the form and
means prescribed by the superintendent and provides any other information
requested by the superintendent;
(b) The agent has completed approved continuing education credits
based on the license type being activated or has completed a pre-licensing
education course for the particular type of license being reactivated, within
the preceding six months of the reactivation application;
(i) An agent who held
resident major line of authority license must complete twenty-four hours of
approved continuing education, three of which must be approved as
ethics;
(ii) An agent who held a
title license must complete twelve credits, ten of which must be approved as
title specific and two of which must be approved as ethics;
(iii) An agent who held a
surety bail bond license must complete fourteen credits, twelve of which must
be approved as surety bail bond specific and two of which must be approved as
ethics.
(c) The person has paid a reactivation fee of fifty
dollars;
(d) The person, if requesting the reactivation of a surety bail
bond license, has paid an additional fee of one hundred fifty dollars;
and
(e) The person is otherwise eligible and suitable to be an
agent.
(9) A person who has been inactive less
than two years must comply with paragraph (D) of this rule as a new
applicant.
(10) The licenses of a person who has been
granted inactive status may be subject to suspension, revocation or any other
disciplinary action for questionable conduct occurring before or after the
inactive status was granted.
(11) Inactive status applies
prospectively.
(M) Surrender
(1) An agent may
surrender all or some of the agent's licenses by submitting a form
prescribed by the superintendent. If an agent is under investigation by the
superintendent or the superintendent has issued a notice of opportunity for
hearing under Chapter 119. of the Revised Code, the superintendent may not
accept a surrender except for cause and as a resolution of allegations that the
agent violated the insurance laws and regulations of this state. For purposes
of this paragraph, an investigation shall include the review of any complaint
made against or involving the agent.
(2) A surrender will be
effective immediately after the superintendent receives the request or at a
date chosen by the agent but in no case shall the surrender be effective prior
to the date of receipt by the superintendent or more than thirty days after
receipt of the surrender request.
(3) The surrender of an
agent's license for any line of authority voids all appointments held by
the agent for that line of authority.
(4) The superintendent
shall notify each appointing company and agent when an agent's licenses
are surrendered.
(5) An individual who has
surrendered a license or licenses and who wants to obtain a license as an agent
must comply with the pre-licensing education and examination requirements as if
the person had never been licensed, if otherwise eligible and suitable to be an
agent. This provision shall apply to a license previously surrendered even when
the agent still has a license of another type.
(6) A person who has been
granted inactive status may surrender all or some licenses if the person is
otherwise eligible to surrender licenses.
(7) A clearance letter
request acts as a voluntary surrender of all licenses. Once a clearance is
issued an individual may reactivate the Ohio licenses if the following
requirements are met:
(a) The individual requested reactivation within ninety days of
the effective date of surrender by clearance request, and
(b) The individual did not obtain a resident license in another
state.
(8) When an individual
reactivates Ohio licenses pursuant to paragraph (M)(7) of this rule, the
individual's continuing education requirements and license renewal date
continue as if a clearance letter had not been requested.
(N) Compensation
(1) Commissions or other
compensation paid by an insurer to a person for any activity that requires a
license must be paid in the legal name of the licensee as that name appears on
the superintendent's records or a trade name registered in accordance with
section 3905.11 of the Revised Code.
(2) An agent who is appointed with the
issuing insurance company may pay commissions to another agent who is licensed
for that line of business but who is not appointed with the issuing insurance
company.
(3) A licensed agent may assign
commissions lawfully earned to a non-licensed person or entity pursuant to a
written agreement and for a purpose that is not otherwise a pretext for the
unlawful payment or split of commissions or the payment of an unlawful lead fee
to the assignee.
(4) An agent or insurer may pay an
unlicensed person or organization for administrative services actually rendered
by that person or organization in connection with an insurance program offered
to the members or customers of the unlicensed person or organization. Such
payment shall be negotiated in an arms-length transaction. The amount of
payment may not be calculated as a percentage of premium or any other measure
of sales production. The amount of payment must be reasonable in relation to
the services actually rendered. This paragraph does not prohibit the payment of
a flat fee per transaction or service.
(5) An agent or insurance company may pay
an unlicensed person or organization for an endorsement in favor of the agent,
insurance company or a product. Such payment shall be a flat fee per member or
customer or shall be in the amount of actual costs incurred by the unlicensed
person or organization in making the endorsement. In no event shall the payment
be calculated as a percentage of premium or any other measure of sales
production.
(6) For purposes of this rule, an
"endorsement" means a communication by an unlicensed person in any
medium that introduces or mentions the availability of a general type of
insurance coverage, identifies a particular insurer or agent, explains the
method for obtaining additional information, and contains the words
"endorse," "endorsed by," "sponsor," or
"sponsored by," if all of the following conditions
apply:
(a) The communication does not contain any comparison to other
insurance products, insurers or agents;
(b) The communication does not contain any specific information
or details about the benefits provided by the insurance;
(c) The communication does not indicate the rates or cost of the
insurance;
(d) The communication does not contain any statement or
suggestion that the recipient needs, or should apply for or buy the
insurance.
(O) Severability
If any paragraph, term or provision of this rule
is adjudged invalid for any reason, the judgment shall not affect, impair or
invalidate any other paragraph, term or provision of this rule, but the
remaining paragraphs, terms and provisions shall be and continue in full force
and effect.