Question

An insurer hires an advertising agency to create an advertisement for a health insurance policy. The public complains that the way the advertisement presents the policy is misleading because of certain photographs that the advertiser put on the commercial. Who will be held liable for this?

Answer 1

Answer:

The insurer shall be held liable

Explanation:

For any published or displayed content which relates to the insurer or it's products, the insurer shall be made liable for any inappropriate content.

In cases wherein the advertisement function has been assigned to an insurance agency, even in such a scenarios, the sole responsibility rests with the insurer and it's their primary responsibility to check upon the content advertised.

Thus, if any inappropriate content or misleading claims are made, it shall be assumed those have been issued by consent of the insurer and the insurer cannot escape this liability.