When any other type participating policies are being reviewed by the commissioner of insurance for approval or disapproval, the commissioner is authorized to study and take into consideration not only the titles, terms, and text of such policy itself but also the following additional materials, data, evidence, and information to determine whether such policy complies with the provisions hereof and the requirements of the Insurance Code:

(1) any and all advertisements, estimates, comparisons, illustrations, circulars, statements, notices, brochures, pamphlets, letters, posters, announcements, articles, projections, literature, pictures, reports, books, newspapers, magazines, records, films, or other matter of any nature whatsoever made, issued, circulated, published, disseminated, delivered, used, referred to, or placed before the public in any manner whatsoever relating to or in connection with such certain participating policies of insurance;

(2) any and all oral statements, assertions, or representations, the sales techniques or procedures, and the training, study or learning devices or programs made, used, followed, or employed by the agents, employees or representatives of the insurance company;

(3) any other matters set forth in Insurance Code Chapter 541 or other statute of the Insurance Code;

(4) in the event the commissioner finds that such participating policy and such materials referred to previously do not truthfully, correctly, fairly, honestly, adequately, or properly explain and represent such terms, conditions, promises, and benefits of such policy, the commissioner will disapprove such policy under the provisions of Insurance Code Chapter 1701.

Source Note: The provisions of this §3.204 adopted to be effective January 1, 1976; amended to be effective September 20, 1982, 7 TexReg 3244; amended to be effective May 11, 2022, 47 TexReg 2758