The following words and phrases for the purposes of this section and the following two sections, shall have the following meanings: "Mass marketed life or health insurance", the insurance under any individual, franchise, group or blanket policy of life or health insurance which is offered by means of direct response solicitation through a sponsoring organization or through the mails or other mass communications media and under which the person insured pays all or substantially all of the cost of his insurance.
"Direct response solicitation", any offer by an insurer to persons in the commonwealth, either directly or through a third party, to effect life or health insurance coverage which enables the individual to apply or enroll for the insurance on the basis of the offer. It shall not include solicitations for insurance through an "employee benefit plan" as defined by an act of congress entitled the Employee Retirement Income Security Act of 1974, Public Law 93-406 nor shall it include such a solicitation through the individual's creditor with respect to credit life or credit health insurance.
Mass. Gen. Laws ch. 175, § 190A