Is it illegal for me to give educated opinions on insurance when I am a retired insurance agent?
Full Question:
Answer:
We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.
We are unaware of any state or federal laws that would prohibit what you are suggesting, and feel you have a strong First Amendment (free speech) right to publish accurate information on policies, make comparisons and give your opinions. Any law to the contrary would have to be supported by a compelling governmental interest in order to overcome the right, and it is difficult to imagine how the government could claim a compelling interest in preventing anyone from doing what you suggest, especially since it can only be seen as a benefit to the consumers.
To be clear, we have not undertaken an exhaustive search to determine whether or not such a prohibition exists. It is difficult to "prove a negative." Our information and belief is that any such prohibition would be unconstitutional on First Amendment grounds. That is no guarantee, however, that such prohibitions do not exist.
An excellent resource would be your state insurance commissioner.
http://www.id.state.az.us/
Call or write, and ask whether there is any prohibition on what you are contemplating. You might also consider contacting the state attorney general.
