Who would make the final determination on whether or not an insurance advertisement is misleading?

The final determination on whether an insurance advertisement is misleading falls to the Banking and Insurance Commissioner. This is because the Commissioner is responsible for regulating insurance practices within the state, which includes overseeing marketing practices and ensuring that consumers are not misled by advertising. The Commissioner's role involves enforcing compliance with state laws and regulations that govern advertising and promoting fair competition and ethical practices among insurers.

The Commissioner evaluates advertisements to ensure they are truthful, not deceptive, and provide clear information about the insurance products being marketed. This oversight is critical in protecting consumers and maintaining the integrity of the insurance market. The decision-making authority of the Commissioner derives from the regulatory framework established by state law, which gives them the power to assess the accuracy and truthfulness of advertisements.

In contrast, while the insurance company may have internal guidelines for advertising, they are ultimately accountable to the Commissioner, who has the regulatory authority to enforce standards. A state insurance board could play a role in broader regulatory oversight but does not make individual determinations on advertisements. Public opinion, while influential, does not have formal authority in this regulatory capacity.