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(1)
(a) "Direct response solicitation" means any offer an insurer makes to persons in this state, either directly or through a third party, to effect life or accident and health insurance coverage which enables the individual to apply or enroll for the insurance on the basis of the offer.
(b) "Direct response solicitation" does not include:
(i) solicitations for insurance through an employee benefit plan exempt from state regulation under preemptive federal law; or
(ii) solicitations through an individual's creditor with respect to credit life or credit accident and health insurance.
(2) "Mass marketed life or accident and health insurance" means the insurance under any individual, franchise, group, or blanket insurance policy offering life or accident and health insurance:
(a) that is offered by means of direct response solicitation through:
(i) a sponsoring organization; or
(ii) the mails or other mass communications media; and
(b) under which the person insured pays all or substantially all of the cost of the person's insurance.