Idaho Code § 41-350 — Idaho Code / Title 41 / Chapter 3 / Section 41-350
41-350 END ORGAN HARVESTING ACT.
Status: in_force

41-350 END ORGAN HARVESTING ACT. (1) This section shall apply only to a health benefit plan that provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, including an individual, group, blanket, or franchise insurance policy or insurance agreement, a group hospital service contract, or an individual group evidence of coverage or similar coverage document that is offered by:

(a) An insurance company;

(b) A group hospital service corporation operating pursuant to chapter 34, title 41, Idaho Code;

(c) A managed care organization operating pursuant to chapter 39, title 41, Idaho Code;

(d) A multiple employer welfare arrangement that holds a certificate of registration pursuant to section 41-4002(8), Idaho Code;

(e) A fraternal benefit society operating pursuant to chapter 32, title 41, Idaho Code; or

(f) An exchange operating pursuant to chapter 61, title 41, Idaho Code.

(2) Notwithstanding any other law to the contrary, this chapter applies to:

(a) A small employer health benefit plan subject to chapter 47, title 41, Idaho Code;

(b) A standard health benefit plan issued pursuant to chapter 52, title 41, Idaho Code;

(c) The state medicaid program pursuant to section 56-263, Idaho Code;

(d) The children's health insurance program pursuant to sections 56-238 and 56-239, Idaho Code; and

(e) Health and accident coverage provided by a risk retention group pursuant to chapter 48, title 41, Idaho Code.

(3) A health benefit plan issuer shall not cover a human organ transplant or post-transplant care if:

(a) The transplant operation is performed in the People's Republic of China or another country known to have participated in forced organ harvesting, as designated by the administrator of the division of public health in the department of health and welfare; or

(b) The human organ to be transplanted was procured by sale or donation originating in the People's Republic of China or another country known to have participated in forced organ harvesting, as designated by the administrator of the division of public health in the department of health and welfare.

(4) The administrator of the division of public health in the department of health and welfare may designate additional countries with governments that fund, sponsor, or otherwise facilitate forced organ harvesting and shall provide written notice to the director of the department of health and welfare when the administrator of the division of public health designates an additional country.

(5) For the purposes of this section, "forced organ harvesting" means the removal of one (1) or more organs from a living person, or from a person killed for the purpose of removal of one (1) or more organs, by means of coercion, abduction, deception, fraud, or abuse of power over a position of vulnerability.

History:

[41-350, added 2024, ch. 318, sec. 2, p. 1052.]
Idaho Code § 41-4922 — Idaho Code / Title 41 / Chapter 49 / Section 41-4922
41-4922 PLAN OF OPERATION.
Status: in_force

41-4922. Plan of operation. The administrator shall establish a plan of operation to be approved by the director of the department of insurance for the state of Idaho.

History:

[(41-4922) 41-4921, added 1990, ch. 119, sec. 1, p. 279; am. 1991, ch. 59, sec. 15, p. 129; am. & redesig. 2003, ch. 96, sec. 24, p. 299.]
Idaho Code § 41-1940D — Idaho Code / Title 41 / Chapter 19 / Section 41-1940D
41-1940D ANNUITY CONSUMER PROTECTION — COMPLIANCE MITIGATION.
Status: in_force

41-1940D. ANNUITY CONSUMER PROTECTION — COMPLIANCE MITIGATION. An insurer is responsible for compliance with the annuity consumer protections act. If a violation occurs, either because of the action or inaction of the insurer or its producer, the director may order:

(1) An insurer to take reasonably appropriate corrective action for any consumer harmed by a failure to comply with this regulation by the insurer, by an entity contracted to perform the insurer's supervisory duties, or by the producer;

(2) A general agency, an independent agency, or the producer to take reasonably appropriate corrective action for any consumer harmed by the producer's violation of this regulation; and

(3) Appropriate penalties and sanctions.

History:

[41-1940D, added 2021, ch. 41, sec. 6, p. 120.]
Idaho Code § 41-1328D — Idaho Code / Title 41 / Chapter 13 / Section 41-1328D
41-1328D USE OF PARTS — DISCLOSURE.
Status: in_force

41-1328D. Use of parts — Disclosure. It shall be an unfair claim settlement practice for an insurer to specify the use of nonoriginal equipment manufacturer aftermarket crash parts in the repair of an insured's motor vehicle, or for a repair facility or installer to use non-OEM aftermarket crash parts to repair a vehicle, if the consumer has not been advised in writing. In all instances where non-OEM aftermarket crash parts are intended for use by an insurer:

(1) The written estimate shall clearly identify each such part intended for use, and

(2) A disclosure document containing the following information in ten (10) point or larger type shall appear on or be attached to the insured's copy of the estimate:

"This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle.".

History:

[41-1328D, added 1990, ch. 156, sec. 1, p. 342.]
Idaho Code § 41-1042 — Idaho Code / Title 41 / Chapter 10 / Section 41-1042
41-1042 COLLECTIONS AND CHARGES PERMITTED.
Status: in_force

41-1042. Collections and charges permitted. (1) Notwithstanding any other provision of this chapter, a bail agent in any bail transaction shall not, directly or indirectly, charge or collect money or other valuable consideration from any person except for the following:

(a) To pay premiums at the rates established by the insurer;

(b) To provide collateral;

(c) To reimburse the bail agent for actual expenses incurred in connection with the bail transaction, limited to the following:

(i) Expenditures actually and reasonably incurred to verify underwriting information or to pay for notary public fees, recording fees, or necessary long distance telephone or telegram fees; provided however, that the total of all such expenditures reimbursed shall not exceed fifty dollars ($50.00); and

(ii) Travel expenses incurred more than twenty-five (25) miles from a bail agent's place of business, which includes any city or locality in which the bail agent advertises or engages in bail business, up to the amount allowed by the internal revenue service for business travel for the year in which the travel occurs.

(2) Except as permitted under this section, a bail agent shall not make any charge for his service in a bail transaction and the bail agent shall fully document all expenses for which the bail agent seeks reimbursement.

History:

[41-1042, added 2003, ch. 104, sec. 6, p. 330.]
Idaho Code § 41-812 — Idaho Code / Title 41 / Chapter 8 / Section 41-812
41-812 DURATION AND RELEASE OF DEPOSIT.
Status: in_force

41-812. Duration and release of deposit. (1) Every deposit made in this state by an insurer pursuant to this code shall be so held as long as there is outstanding any liability of the insurer as to which the deposit was required; or, if the deposit was required under the retaliatory provision, section 41-340, Idaho Code, the deposit shall be held for so long as the basis of such retaliation exists.

(2) Except for good cause found by the director after a hearing thereon, any such deposit shall be released and returned:

(a) To the insurer upon extinguishment by reinsurance or otherwise of all liability of the insurer for the security of which the deposit is held. If by reinsurance, the assuming insurer shall be one authorized to transact such insurance in this state.

(b) To the insurer, during solvency, to the extent such deposit is in excess of the amount required.

(c) To a depositing foreign or alien insurer, during its solvency, which has made a similar deposit in another state and has filed with the director the certificate or evidence thereof, under the conditions provided for in section 41-316(2)(b) or 41-316(2)(c), Idaho Code.

(d) To the resulting or surviving corporation or to such person as it may designate for the purpose, upon effectuation of a merger or consolidation of the depositing insurer, and upon the resulting or surviving corporation being or becoming authorized to transact insurance in this state.

(e) Upon order of a court of competent jurisdiction, to the receiver, conservator, rehabilitator, or liquidator of the insurer, or to any other properly designated official or officials who succeed to the management and control of the insurer's assets pursuant to delinquency proceedings brought against the insurer under chapter 33 of this code.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, the director, in his discretion, may release a deposit made in this state by an insurer pursuant to this code if the insurance regulatory body in the insurer's state has been appointed the liquidator of the insurer by a court in that state and either of the following applies:

(a) The director has no information or belief that there are any outstanding claims against the insurer by policyholders or creditors of the insurer in Idaho; or

(b) The director believes that any claims by Idaho policyholders or creditors will be adequately protected pursuant to the liquidation proceedings in the insurer's domestic state.

History:

[41-812, added 1961, ch. 330, sec. 181, p. 645; am. 1995, ch. 289, sec. 4, p. 973.]
Idaho Code § 41-3616 — Idaho Code / Title 41 / Chapter 36 / Section 41-3616
41-3616 CREDITS FOR ASSESSMENTS PAID.
Status: in_force

41-3616. Credits for assessments paid. (1) A member insurer may offset against its premium tax liability to this state under section 41-402, Idaho Code, an assessment described in subsection (1)(d) of section 41-3608, Idaho Code. An offset is allowable to the extent of twenty percent (20%) of the amount of such assessment for each of five (5) calendar years beginning with the premium tax due under section 41-402(4), Idaho Code, with respect to the year of payment of the assessment and thereafter with the premium tax due under section 41-402(4), Idaho Code, during each of the four (4) succeeding years. An allowable offset, or portion thereof, not used in any calendar year cannot be carried over or back to any other year. An insurer that is exempt from the premium tax imposed by section 41-402, Idaho Code, may offset against its premium tax liability to the industrial administration fund in the same manner as an offset to the premium tax imposed by section 41-402(4).

(2) Notwithstanding any provision to the contrary in section 41-3608(2)(f), Idaho Code, any sums acquired by refund from insurance company receiverships by the association which have heretofore been written off by contributing insurers and offset against premium taxes as provided in subsection (1) of this section, and which, in the opinion of the board of directors, will not be needed for the purposes of this chapter within two (2) years from the date the association receives the refund from the receivership, shall be paid by the association to the director and by him deposited with the state treasurer for credit to the state general fund.

History:

[41-3616, added 1970, ch. 152, sec. 16, p. 462; am. 2004, ch. 241, sec. 1, p. 704; am. 2005, ch. 268, sec. 2, p. 831; am. 2013, ch. 265, sec. 1, p. 650.]
Idaho Code § 41-1920 — Idaho Code / Title 41 / Chapter 19 / Section 41-1920
41-1920 ENTIRE CONTRACT — ANNUITIES.
Status: in_force

41-1920. Entire contract — Annuities. In an annuity or pure endowment contract, other than a reversionary, survivorship, or group annuity, there shall be a provision that the contract shall constitute the entire contract between the parties or, if a copy of the application is endorsed upon or attached to the contract when issued, a provision that the contract and the application therefor shall constitute the entire contract between the parties.

History:

[41-1920, added 1961, ch. 330, sec. 451, p. 645.]
Idaho Code § 41-294 — Idaho Code / Title 41 / Chapter 2 / Section 41-294
41-294 DAMAGE TO OR DESTRUCTION OF INSURED PROPERTY.
Status: in_force

41-294. Damage to or destruction of insured property. Any person who wilfully burns or in any other manner injures or destroys any property which is at the time insured against loss or damage, with intent to defraud or prejudice the insurer or for personal gain, whether the same be the property of, or in possession of, such person or any other, is guilty of a felony punishable by imprisonment in the state prison not less than one (1) year nor more than fifteen (15) years, and shall be ordered to make restitution to the insurer or any other person for any financial loss sustained as a result of a violation of this section.

History:

[(41-294) 1961, ch. 330, sec. 304, p. 645; am. and redesig. 1994, ch. 219, sec. 6, p. 700; am. 1997, ch. 122, sec. 3, p. 369.]
Idaho Code § 41-2609 — Idaho Code / Title 41 / Chapter 26 / Section 41-2609
41-2609 RELEASE OF SURETY ON CERTAIN OFFICIAL BONDS.
Status: in_force

41-2609. Release of surety on certain official bonds. (1) The surety or the representative of any surety, upon the bond of any trustee, committee, guardian, assignee, receiver, executor or administrator, or other fiduciary, may apply by petition to the court wherein such bond is directed to be filed, or which may have jurisdiction of such trustee, committee, guardian, assignee, receiver, executor or administrator, praying to be relieved from further liability as such surety, for the acts or omissions of the trustee, committee, guardian, assignee, receiver, executor or administrator or other fiduciary, which may occur after the date of the order relieving such surety to be granted as herein provided for, and to require such trustee, committee, guardian, assignee, receiver, executor or administrator, or other fiduciary, to show cause why he should not account and said surety be relieved from such further liability as aforesaid, and said principal be required to give a new bond.

(2) Upon the filing of such petition, the court shall issue such order returnable at such time and place and to be served in such manner as the court shall direct, and may restrain such trustee, committee, guardian, assignee, receiver, executor or administrator or other fiduciary from acting except in such manner as it may direct to preserve the trust estate.

(3) Upon the return of the order to show cause, if the principal in the bond accounts in due form of law and files a new bond duly approved, then the court must make an order releasing the surety filing the petition as aforesaid, from liability upon the bond for any subsequent act or default of the principal. In default of the principal thus accounting and filing the new bond, the court shall make an order directing such trustee, committee, guardian, assignee, receiver, executor or administrator, or fiduciary to account in due form of law within thirty (30) days, and that if the trust fund or estate shall be found or made good and paid over or properly secured, such surety shall be discharged from any and all further liability as such for the subsequent acts or omissions of the trustee, committee, guardian, assignee, receiver, executor, or administrator, or fiduciary, after the date of the surety being so relieved or discharged and discharging such trustee, committee, guardian, assignee, receiver, executor or administrator, or fiduciary.

History:

[41-2609, added 1961, ch. 330, sec. 562, p. 645.]
Idaho Code § 41-2607 — Idaho Code / Title 41 / Chapter 26 / Section 41-2607
41-2607 BOND PREMIUMS AS PART OF COSTS IN ACTIONS AND PROCEEDINGS.
Status: in_force

41-2607. Bond premiums as part of costs in actions and proceedings. In all actions and proceedings a party entitled to recover disbursements therein shall be allowed and may tax and recover such sum paid a surety insurer authorized under the laws of this state to do so for executing any bond, recognizance, undertaking, stipulation or other obligation therein, not exceeding, however, one percent (1%) on the amount of the liability upon such bond, recognizance, undertaking, stipulation, or other obligation during each year the same has been in force.

History:

[41-2607, added 1961, ch. 330, sec. 560, p. 645.]
Idaho Code § 41-3301 — Idaho Code / Title 41 / Chapter 33 / Section 41-3301
41-3301 CONSTRUCTION AND PURPOSE.
Status: in_force

41-3301. Construction and purpose. (1) This act shall be cited as the "Idaho Insurers Supervision, Rehabilitation, and Liquidation Act."

(2) This act shall not be interpreted to limit the powers granted the director by other provisions of the law.

(3) This act shall be liberally construed to effect the purpose stated in subsection (4) of this section.

(4) The purpose of this act is the protection of the interests of insureds, claimants, creditors, and the public generally, with minimum interference with the normal prerogatives of the owners and managers of insurers through:

(a) Early detection of any potentially dangerous condition in an insurer, and prompt application of appropriate corrective measures;

(b) Improved methods for rehabilitating insurers, involving the cooperation and management expertise of the insurance industry;

(c) Enhanced efficiency and economy of liquidation, through clarification of the law, to minimize legal uncertainty and litigation;

(d) Equitable apportionment of any unavoidable loss;

(e) Lessening the problems of interstate rehabilitation and liquidation by facilitating cooperation between states in the liquidation process, and by extending the scope of personal jurisdiction over debtors of the insurer outside this state; and

(f) Regulation of the insurance business by the impact of the law relating to delinquency procedures and substantive rules on the entire insurance business.

History:

[41-3301, added 1981, ch. 249, sec. 2, p. 503.]
Idaho Code § 41-1915 — Idaho Code / Title 41 / Chapter 19 / Section 41-1915
41-1915 TITLE.
Status: in_force

41-1915. Title. There shall be a title on the policy, briefly describing the same.

History:

[41-1915, added 1961, ch. 330, sec. 446, p. 645.]
Idaho Code § 41-1321 — Idaho Code / Title 41 / Chapter 13 / Section 41-1321
41-1321 PROCEDURES AS TO UNDEFINED PRACTICES.
Status: in_force

41-1321. Procedures as to undefined practices. (1) Whenever the director has reason to believe that any person engaged in the business of insurance is engaging in this state in any method of competition or in any act or practice in the conduct of such business which is not expressly prohibited or defined in this chapter, that such method of competition is unfair or that such act or practice is unfair or deceptive and that a proceeding by him in respect thereto would be to the interest of the public, he may issue and serve upon such person a statement of the charges in that respect and a notice of a hearing thereon as provided for in chapter 2, title 41, Idaho Code, or seek any other relief authorized by title 41, Idaho Code.

History:

[41-1321, added 1961, ch. 330, sec. 299, p. 645; am. 2005, ch. 77, sec. 8, p. 261.]
Idaho Code § 41-226 — Idaho Code / Title 41 / Chapter 2 / Section 41-226
41-226 EXAMINERS — QUALIFICATIONS.
Status: in_force

41-226. Examiners — Qualifications. For the conduct of or assistance in examinations under this chapter the director shall appoint as examiners only individuals who by reason of education, experience, or special training are competent to perform the duties and fulfill the responsibilities of an insurance examiner. In the selection of examiners the director shall give due consideration to standards and qualifications therefor recommended by the National Association of Insurance Commissioners or any successor organization thereto. The director may appoint, employ, fix the compensation of, prescribe and require the duties of and discharge such examiners as the duties of his office may require. Examiners who are employees of the department shall be nonclassified employees exempt from the provisions of chapter 53, title 67, Idaho Code.

History:

[41-226, added 1961, ch. 330, sec. 43, p. 645; am. 1995, ch. 135, sec. 3, p. 587; am. 2003, ch. 99, sec. 1, p. 318.]
Idaho Code § 41-1022 — Idaho Code / Title 41 / Chapter 10 / Section 41-1022
41-1022 INSURERS MUST ACCEPT BUSINESS THROUGH LICENSED PRODUCERS ONLY.
Status: in_force

41-1022. Insurers must accept business through licensed producers only. (1) No authorized insurer shall make, write, place or cause to be made, written or placed in this state any policy, duplicate policy, or insurance contract of any kind, covering a subject of insurance resident, located or to be performed in this state through any person who is not then licensed as a producer under this chapter.

(2) The director may penalize, suspend or revoke the certificate of authority of any insurer violating this section in accordance with section 41-327(1), Idaho Code.

History:

[41-1022, added 2001, ch. 296, sec. 3, p. 1061.]
Idaho Code § 41-113 — Idaho Code / Title 41 / Chapter 1 / Section 41-113
41-113 COMPLIANCE REQUIRED — PUBLIC INTEREST.
Status: in_force

41-113. Compliance required — Public interest. (1) No person shall transact a business of insurance in Idaho, or relative to a subject of insurance resident, located or to be performed in Idaho, without complying with the applicable provisions of this code.

(2) The business of insurance is one affected by the public interest, requiring that all persons be actuated by good faith, abstain from deception, and practice honesty and equity in all insurance matters. Upon the insurer, the insured, and their representatives, and all concerned in insurance transactions, rests the duty of preserving the integrity of insurance.

History:

[41-113, added 1961, ch. 330, sec. 13, p. 645.]
Idaho Code § 41-5211 — Idaho Code / Title 41 / Chapter 52 / Section 41-5211
41-5211 ADMINISTRATIVE PROCEDURES.
Status: in_force

41-5211. Administrative procedures. The director shall promulgate rules in accordance with the provisions of chapter 52, title 67, Idaho Code, for the implementation and administration of the individual health coverage reform act.

History:

[41-5211, added 1994, ch. 427, sec. 1, p. 1347.]
Idaho Code § 41-2146 — Idaho Code / Title 41 / Chapter 21 / Section 41-2146
41-2146 COVERAGE PROVIDED TO PERSONS HAVING INSURANCE.
Status: in_force

41-2146. Coverage provided to persons having insurance. An insurer providing individual disability insurance coverage in this state shall make available to citizens of this state major medical disability policies under the terms set forth in this section. An insurer providing only accident-only, credit, dental, vision, long-term care or disability income insurance, coverage issued as a supplement to liability insurance, worker's compensation, or automobile medical payment insurance is not required to comply with the provisions of this section. An insurer providing only specified disease or hospital confinement indemnity insurance in this state shall not be required to comply with the provisions of this section, provided the insurance is marketed as supplemental health insurance and not as a substitute for hospital or major medical expense insurance, and the insurer certifies annually to the director that the insurance is being marketed in a manner consistent with the provisions of this subsection.

(2) As used in this section, the term "major medical disability policies" means policies, including medicare supplement insurance policies, contracts or certificates which are issued to provide hospital and medical-surgical coverage.

(3) Each insurer offering or maintaining individual major medical disability policies in this state shall make current individual policies available to an individual or dependent of an individual currently insured by the insurer, without imposition by the insurer of underwriting criteria whereby coverage of an individual or a dependent of an individual is denied or subject to cancellation or nonrenewal, in whole or in part because of the individual's age, health or medical history or employment status, or, if employed, industry or job classification if the individual is insured with that insurer and wishes to convert coverage to another policy, plan or contract. When offering benefits pursuant to this section, the insurer shall be required to offer equal or lesser benefits than the insured has under the existing policy or plan. If the insurer offers benefits in excess of what was included in the insurer's contract to the insured, the insurer may impose health underwriting criteria and a preexisting condition clause which will waive all or a portion of benefits offered for the first twelve (12) months of the policy for a condition which has occurred during the preceding twelve (12) months. The preexisting condition clause herein authorized may not be applied to the transfer from one (1) medicare supplement policy, contract or certificate to another where benefits are increased. As used herein, "benefits in excess of what was included in the insured's contract" shall include but not be limited to lower deductibles, lower coinsurance or copayments or lower maximum out-of-pocket expenditure for health care. The addition of pharmacy cards to replace existing prescription drug benefits, supplemental accident insurance, chiropractic services or vision services shall not constitute "benefits in excess of what was included in the insured's contract."

In implementing the provisions of this section, the director shall provide that insurers shall provide insureds with a simplified application that shall not exceed one (1) page in length and which shall not exceed six (6) medical questions.

History:

[(41-2146) added 1994, ch. 404, sec. 1, p. 1148; am. and redesig. 1995, ch. 254, sec. 1, p. 832.]
Idaho Code § 41-4716 — Idaho Code / Title 41 / Chapter 47 / Section 41-4716
41-4716 STANDARDS TO ASSURE FAIR MARKETING.
Status: in_force

41-4716. Standards to assure fair marketing. (1) Each small employer carrier shall actively market health benefit plan coverage, including the small employer basic, standard and catastrophic health benefit plans, to eligible small employers in the state.

(2) (a) Except as provided in subsection (2)(b) of this section, no small employer carrier or agent shall, directly or indirectly, engage in the following activities:

(i) Encouraging or directing small employers to refrain from filing an application for coverage with the small employer carrier because of the health status, claims experience, industry, occupation or geographic location of the small employer;

(ii) Encouraging or directing small employers to seek coverage from another carrier because of the health status, claims experience, industry, occupation or geographic location of the small employer.

(b) The provisions of subsection (2)(a) of this section shall not apply with respect to information provided by a small employer carrier or agent to a small employer regarding the established geographic service area or a restricted network provision of a small employer carrier.

(3) (a) Except as provided in subsection (2)(b) of this section, no small employer carrier shall, directly or indirectly, enter into any contract, agreement or arrangement with an agent that provides for or results in the compensation paid to an agent for the sale of a health benefit plan to be varied because of the health status, claims experience, industry, occupation or geographic location of the small employer.

(b) The provisions of subsection (a) of this section shall not apply with respect to a compensation arrangement that provides compensation to an agent on the basis of percentage of premium, provided that the percentage shall not vary because of the health status, claims experience, industry, occupation or geographic area of the small employer.

(4) A small employer carrier shall provide reasonable compensation, as provided under the plan of operation of the program, to an agent, if any, for the sale of a small employer basic, standard or catastrophic health benefit plan.

(5) No small employer carrier may terminate, fail to renew or limit its contract or agreement of representation with an agent for any reason related to the health status, claims experience, occupation or geographic location of the small employers placed by the agent with the small employer carrier.

(6) No small employer carrier or agent may induce or otherwise encourage a small employer to separate or otherwise exclude an employee from health coverage or benefits provided in connection with the employee's employment.

(7) Denial by a small employer carrier of an application for coverage from a small employer shall be in writing and shall state the reason or reasons for the denial.

(8) The director may establish rules setting forth additional standards to provide for the fair marketing and broad availability of health benefit plans to small employers in this state.

(9) (a) A violation of the provisions of this section by a small employer carrier or an agent shall be an unfair trade practice pursuant to the provisions of section 41-1302, Idaho Code.

(b) If a small employer carrier enters into a contract, agreement or other arrangement with a third-party administrator to provide administrative, marketing or other services related to the offering of health benefit plans to small employers in this state, the third-party administrator shall be subject to the provisions of this section as if it were a small employer carrier.

History:

[41-4716, added 1993, ch. 176, sec. 1, p. 454; am. 1994, ch. 427, sec. 11, p. 1367; am. 1997, ch. 321, sec. 18, p. 979; am. 2000, ch. 472, sec. 8, p. 1621.]
Idaho Code § 41-1029 — Idaho Code / Title 41 / Chapter 10 / Section 41-1029
41-1029 SEVERABILITY.
Status: in_force

41-1029. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

History:

[41-1029, added 2001, ch. 296, sec. 3, p. 1062.]
Idaho Code § 41-3327 — Idaho Code / Title 41 / Chapter 33 / Section 41-3327
41-3327 FRAUDULENT TRANSFER AFTER PETITION.
Status: in_force

41-3327. Fraudulent transfer after petition. (1) After a petition for rehabilitation or liquidation has been filed, a transfer of any of the real property of the insurer made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value, or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred. The commencement of a proceeding in rehabilitation or liquidation shall be constructive notice upon the recording of a copy of the petition for or order of rehabilitation or liquidation with the recorder of deeds in the county where any real property in question is located. The exercise by a court of the United States or any state or jurisdiction to authorize or effect a judicial sale of real property of the insurer within any county in any state shall not be impaired by the pendency of such a proceeding unless the copy is recorded in the county prior to the consummation of the judicial sale.

(2) After a petition for rehabilitation or liquidation has been filed and before either the receiver takes possession of the property of the insurer or an order of rehabilitation or liquidation is granted:

(a) A transfer of any of the property of the insurer, other than real property, made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value, or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred;

(b) A person indebted to the insurer or holding property of the insurer may, if acting in good faith, pay the indebtedness or deliver the property, or any part thereof, to the insurer or upon his order, with the same effect as if the petition were not pending;

(c) A person having actual knowledge of the pending rehabilitation or liquidation shall be deemed not to act in good faith; and

(d) A person asserting the validity of a transfer under this section shall have the burden of proof. Except as elsewhere provided in this section, no transfer by or on behalf of the insurer after the date of the petition for liquidation by any person other than the liquidator shall be valid against the liquidator.

(3) Nothing in this act shall impair the negotiability of currency or negotiable instruments.

History:

[41-3327, added 1981, ch. 249, sec. 2, p. 522.]
Idaho Code § 41-3105 — Idaho Code / Title 41 / Chapter 31 / Section 41-3105
41-3105 INSURER'S TERRITORY.
Status: in_force

41-3105. Insurer's territory. An insurer shall insure only such property as it is otherwise authorized to insure under this chapter, and which is located within one (1) or more of the counties of this state within which the insurer may transact insurance as provided by its articles of incorporation, subject to the following conditions:

(1) An insurer which has less than seven million dollars ($7,000,000) of insurance in force on separate properties shall not transact insurance in an area greater than that of the county in which its head office is located, together with not more than the four (4) Idaho counties contiguous with such head office county;

(2) An insurer which has seven million dollars ($7,000,000) but less than twelve million dollars ($12,000,000) of insurance in force on separate properties may transact insurance in the county in which its head office is located together with not more than the eight (8) Idaho counties most adjacent to such head office county;

(3) An insurer which has twelve million dollars ($12,000,000) or more of insurance in force on separate properties may transact insurance in the county in which its head office is located together with not more than the twelve (12) Idaho counties most adjacent to such head office county and/or may extend its activities and operations into an adjoining state; and

(4) A fraternal insurer may operate under this chapter in any or all of the counties of this state.

History:

[41-3105, added 1961, ch. 330, sec. 663, p. 645.]
Idaho Code § 41-1089 — Idaho Code / Title 41 / Chapter 10 / Section 41-1089
41-1089 APPLICATION FOR LICENSE AND FEES.
Status: in_force

41-1089. APPLICATION FOR LICENSE AND FEES. (1) A sworn application for a limited lines license to sell, solicit or negotiate portable electronics insurance shall be completed and filed with the department of insurance on forms prescribed by the director to include such information as the director deems necessary.

(2) The application shall:

(a) Provide the name, residence address and other information required by the director for an employee or officer of the vendor that is designated by the applicant as the person responsible for the vendor's compliance with the requirements of this chapter, which designation shall satisfy the requirements of section 41-1007(2)(b), Idaho Code. However, if the vendor derives more than fifty percent (50%) of its revenue from the sale of portable electronics insurance, the information noted in this subsection shall be provided for all officers, directors, and shareholders of record having beneficial ownership of ten percent (10%) or more of the vendor;

(b) Provide the location of the applicant's home office, both street address and mailing address, and phone number where such applicant may be reached during regular business hours; and

(c) Provide the syllabus for the training program that is developed by the supervising entity or the insurer that issued the portable electronics insurance policy to the vendor.

(3) Any vendor engaging in portable electronics insurance transactions on or before the effective date of sections 41-1081 through 41-1089, Idaho Code, must apply for licensure within ninety (90) days of the application being made available to the vendor by the director. Any applicant commencing operations after the effective date of sections 41-1081 through 41-1089, Idaho Code, must obtain a license prior to offering or selling portable electronics insurance.

(4) Notwithstanding any other provision of law, applicants for licensure pursuant to sections 41-1081 through 41-1089, Idaho Code, whose home state does not issue a producer license with a similar line of authority as the license authorized by such sections shall be issued a portable electronics limited lines license upon satisfying all applicable requirements of this chapter. However, any licensee whose home state does not authorize a limited lines license for portable electronics insurance in its home state after July 1, 2014, or such later date as may be determined by the director, shall obtain a property and casualty license under title 41, Idaho Code, or its license shall terminate in Idaho. For the purposes of this subsection, "home state" means the District of Columbia and any state or territory of the United States except Idaho, or any province of Canada, in which an applicant maintains such person's principal place of residence or principal place of business.

(5) Initial licenses issued pursuant to sections 41-1081 through 41-1089, Idaho Code, shall be valid for a period of twenty-four (24) months and expire thereafter unless renewed by the director upon completion of forms required by the director and payment of fees consistent with the provisions of this chapter.

(6) Each vendor of portable electronics licensed pursuant to this chapter shall pay to the director a fee of one thousand dollars ($1,000) for an initial portable electronics limited lines license and five hundred dollars ($500) for each renewal thereof. However, for a vendor engaged in portable electronics transactions at ten (10) or fewer locations in the state of Idaho, the fee shall not exceed one hundred dollars ($100) for an initial license and for each renewal thereof.

History:

[41-1089, added 2012, ch. 226, sec. 11, p. 625.]
Idaho Code § 41-1336 — Idaho Code / Title 41 / Chapter 13 / Section 41-1336
41-1336 REQUIREMENTS FOR COMPLIANCE.
Status: in_force

41-1336. Requirements for compliance. It shall be a violation of this chapter for an insurer to fail to comply with the requirements applicable to insurers under chapter 12, title 32, Idaho Code.

History:

[41-1336, added 2003, ch. 304, sec. 12, p. 838.]
Idaho Code § 41-319 — Idaho Code / Title 41 / Chapter 3 / Section 41-319
41-319 APPLICATION FOR CERTIFICATE OF AUTHORITY.
Status: in_force

41-319. Application for certificate of authority. To apply for an original certificate of authority an insurer shall file with the director its application therefor, accompanied by the applicable fees set forth by rule pursuant to section 41-401, Idaho Code, showing its name, location of its home office or principal office in the United States (if an alien insurer), the kinds of insurance to be transacted, date of organization or incorporation, form of organization, state or country of domicile, and such additional information as the director may reasonably require, together with the following documents, as applicable:

(1) If a foreign corporation, one (1) copy (photostatic copy or similar form of reproduction) of its corporate charter, articles of incorporation or other charter documents, with all amendments thereto, currently certified by the public official with whom the originals are on file in the state or country of domicile. If a domestic corporation, three (3) copies pursuant to section 41-2804, Idaho Code.

(2) If a foreign corporation, one (1) copy (photostatic copy or similar form of reproduction) of its bylaws as amended, certified by the insurer's corporate secretary. If a domestic corporation, three (3) copies (photostatic copies or similar form of reproduction) of its bylaws as amended, certified by the insurer's corporate secretary.

(3) If a reciprocal insurer, a copy of the power of attorney of its attorney in fact, and a copy of its subscribers' agreement, if any, both certified by the attorney in fact; and if a domestic reciprocal insurer, the declaration provided for in section 41-2908, Idaho Code.

(4) A complete copy of its financial statement as of not earlier than the December 31 next preceding in form as customarily used in the United States by like insurers, sworn to by at least two (2) executive officers of the insurer, or certified by the public insurance supervisory official of the insurer's state of domicile or of entry into the United States.

(5) Copy of report of last examination, if any, made of the insurer within not more than three (3) years next preceding, certified by the public insurance supervisory official of the insurer's state of domicile or of entry into the United States; or, in the case of newly formed insurers, copy of the report of the "qualifying" examination of the insurer, similarly certified. Provided, however, that if the law of the applicant's state of domicile requires that examinations shall be completed in a period of more than three (3) years or does not specify any period of time for examinations, then the applicant shall provide a copy of a report within not more than the five (5) years next preceding.

(6) Appointment of the director pursuant to section 41-333, Idaho Code, as its attorney to receive service of legal process.

(7) If a foreign insurer, a certificate of the public insurance supervisory official of its state or country of domicile showing that it is authorized to transact in such state or country the kind or kinds of insurance proposed to be transacted in this state.

(8) If an alien insurer, a copy of the appointment and authority of its United States manager, certified by its officer having custody of its records.

(9) If a foreign insurer, certificate as to deposit if to be tendered pursuant to section 41-316, Idaho Code.

(10) If a life or disability insurer, one (1) copy of the insurer's rate book and of each form of policy proposed to be issued in this state. [1]

History:

[41-319, added 1961, ch. 330, sec. 82, p. 645; am. 1963, ch. 120, sec. 1, p. 348; am. 1983, ch. 188, sec. 1, p. 508; am. 2001, ch. 85, sec. 3, p. 213; am. 2004, ch. 89, sec. 1, p. 324; am. 2004, ch. 90, sec. 3, p. 327.]
Idaho Code § 41-3317 — Idaho Code / Title 41 / Chapter 33 / Section 41-3317
41-3317 GROUNDS FOR LIQUIDATION.
Status: in_force

41-3317. Grounds for liquidation. The director may petition the district court for an order directing him to liquidate a domestic insurer or an alien insurer domiciled in this state on the basis:

(1) Of any ground for an order of rehabilitation as specified in section 41-3312, Idaho Code, whether or not there has been a prior order directing the rehabilitation of the insurer;

(2) That the insurer is insolvent; or

(3) That the insurer is in such condition that the further transaction of business would be hazardous, financially or otherwise, to its policyholders, its creditors, or the public.

History:

[41-3317, added 1981, ch. 249, sec. 2, p. 515.]
Idaho Code § 41-4902 — Idaho Code / Title 41 / Chapter 49 / Section 41-4902
41-4902 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

41-4902. Legislative findings and intent. (1) The legislature finds that significant quantities of petroleum and petroleum products are being stored in tanks in Idaho to meet the needs of its citizens, foster economic growth and development and the overall quality of life in the state. While most storage tanks are being operated and managed responsibly, there are occasions when releases occur, threatening the public health and safety, and the environment. It is to the benefit of Idaho's citizens to correct any such threats to the public health and safety or environment as quickly and completely as possible. Significant financial resources must be available to investigate and remedy any release. However, reasonably affordable petroleum liability insurance coverage is unavailable to pay for such corrective and cleanup measures. Thus, creation of a fund for corrective actions for petroleum releases would be beneficial to the state and would provide a method for Idaho petroleum storage tank owners or operators to satisfy the financial responsibility requirements imposed on them by the federal environmental protection agency. Such a fund would be created by the imposition of a "transfer fee" of one cent ($.01) per gallon on the delivery or storage of petroleum products within the state of Idaho. Such a fund would provide moneys for the immediate protection of the public health and safety and the environment, while helping avoid catastrophic losses to the owners and operators which could result in negative impacts on Idaho's economy.

(2) Therefore, it is hereby declared that the intent of the legislature in the passage of this chapter is to create and regulate in the public interest the formation and operation of a liability insurance trust fund that will make contracts of liability insurance available to owners and operators of petroleum storage tanks as defined herein through fair and equitable insurance contracts issued by a state-licensed nonprofit organization meeting reasonable standards as to its administration, reserves, financial soundness and the prompt and fair payment of claims arising out of the legal liability of the public and private entities protected and insured by these contracts, which will also provide for swift corrective action for releases of petroleum or petroleum products from leaking storage tanks. While the release of petroleum from any storage tank in the state may be a threat to public health and safety and the environment, this fund shall only be available for costs incurred as to those tanks which are covered by a contract of insurance between the owner or operator and the trust fund.

History:

[41-4902, added 1990, ch. 119, sec. 1, p. 267; am. 1991, ch. 59, sec. 1, p. 115.]
Idaho Code § 41-3239 — Idaho Code / Title 41 / Chapter 32 / Section 41-3239
41-3239 OTHER PROVISIONS APPLICABLE.
Status: in_force

41-3239. Other provisions applicable. (1) Except as herein provided, societies shall be governed by this chapter and shall be exempt from all other provisions of the insurance laws of this state, not only in governmental relations with this state, but for every other purpose, and no law hereafter enacted shall apply to them, unless expressly designated therein.

(2) The following chapters and provisions of this code shall also apply to fraternal benefit societies (who for the purpose shall be deemed also to be "insurers") to the extent so applicable and not inconsistent with the express provisions of this chapter and the reasonable implications of such express provisions:

(a) Chapter 1 (scope of code);

(b) Chapter 2 (the director of insurance);

(c) Section 41-308(2) (general eligibility for certificate of authority), and for the purpose the annual license of a fraternal benefit society is deemed to be its "certificate of authority";

(d) Sections 41-1201 (representing or aiding unauthorized insurer prohibited), 41-1202 (penalty), and 41-1203 (suits by unauthorized insurer prohibited);

(e) The following sections of chapter 18 (the insurance contract):

(i) Section 41-1828 (payment discharges insurer — payment to marital community);

(ii) Section 41-1829 (minor may give acquittance);

(iii) Section 41-1830 (life policy as separate property of married woman);

(iv) Section 41-1838 (venue of suits against insurers);

(v) Section 41-1839 (allowance of attorney fees in suits against insurers);

(f) Section 41-1934 (prohibited policy plans);

(g) Section 41-2837 (prohibited pecuniary interest of officials);

(h) Chapter 33 (rehabilitation and liquidation);

(i) Section 41-332 (foreign insurers exempt from corporation laws governing admission of foreign corporations);

(j) Section 41-2141 (coordination with social security benefits);

(k) Section 41-1927A (standard nonforfeiture law for individual deferred annuities);

(l) Chapter 46 (long-term care insurance); and

(m) Chapter 54 (risk-based capital).

History:

[41-3239, added 1995, ch. 213, sec. 2, p. 741; am. 2014, ch. 319, sec. 7, p. 791.]
Idaho Code § 41-3412 — Idaho Code / Title 41 / Chapter 34 / Section 41-3412
41-3412 SUSPENSION OR REVOCATION OF CERTIFICATE OF AUTHORITY.
Status: in_force

41-3412. Suspension or revocation of certificate of authority. (1) The director shall suspend or revoke the certificate of authority of any service corporation which he finds, after a hearing thereon, is no longer qualified therefor under the provisions of this chapter.

(2) The director may, in his discretion, after a hearing thereon suspend or revoke the certificate of authority for any violation by the service corporation of any provision of this chapter for which mandatory suspension or revocation is not required under subsection (1) above, or on any applicable ground set forth in section 41-327 (suspension, revocation of certificate of authority, discretionary and special grounds).

(3) No service corporation shall, while its certificate of authority is suspended or revoked, transact any business as a service corporation other than that necessary and incidental to the discharge of its contracts and agreements outstanding on the day such suspension or revocation became effective. The corporation shall not, after the revocation of its certificate of authority solicit or issue any new subscriber's contracts.

History:

[41-3412, added 1961, ch. 330, sec. 770, p. 645.]
Idaho Code § 41-2304 — Idaho Code / Title 41 / Chapter 23 / Section 41-2304
41-2304 DEFINITIONS.
Status: in_force

41-2304. Definitions. For the purposes of this chapter:

(1) "Credit life insurance" means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction.

(2) "Credit disability insurance" means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy.

(3) "Creditor" means the lender of money or vendor of goods, services or property, including a lessor under a lease intended as a security, rights or privileges, for which payment is arranged through a credit transaction, or any successor to the right, title or interest of any such lender or vendor, and an affiliate, associate or subsidiary of any of them or any director, officer or employee of any of them or any other person in any way associated with any of them.

(4) "Debtor" means a borrower of money or a purchaser or lessee of goods, services, property, rights or privileges for which payment is arranged through a credit transaction.

(5) "Indebtedness" means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction.

History:

[41-2304, added 1961, ch. 330, sec. 539, p. 645.]
Idaho Code § 41-5816 — Idaho Code / Title 41 / Chapter 58 / Section 41-5816
41-5816 ESCROW OR TRUST ACCOUNTS.
Status: in_force

41-5816. Escrow or trust accounts. A public adjuster who receives, accepts or holds any funds on behalf of an insured, towards the settlement of a claim for loss or damage, shall deposit the funds in a noninterest bearing escrow or trust account in a financial institution that is insured by an agency of the federal government in the public adjuster's home state or where the loss occurred.

History:

[41-5816, added 2008, ch. 179, sec. 1, p. 541.]
Idaho Code § 41-1961 — Idaho Code / Title 41 / Chapter 19 / Section 41-1961
41-1961 PERMITTED LIFE SETTLEMENTS AND SUPPORTING DOCUMENTATION.
Status: in_force

41-1961. Permitted Life Settlements and Supporting Documentation. (1) It is a violation of the provisions of sections 41-1950 through 41-1965, Idaho Code, for any person to enter into a life settlement contract at any time prior to the issuance of a policy which is the subject of a life settlement contract or within a two (2) year period commencing with the date of issuance of the insurance policy or certificate unless the owner certifies to the life settlement provider that one (1) or more of the following conditions have been met within the two (2) year period:

(a) The policy was issued upon the owner's exercise of conversion rights arising out of a group or individual policy, provided the total of the time covered under the conversion policy plus the time covered under the prior policy is at least twenty-four (24) months. The time covered under a group policy shall be calculated without regard to any change in insurance carriers, provided the coverage has been continuous and under the same group sponsorship;

(b) As part of the certification, the owner submits independent evidence to the life settlement provider that one (1) or more of the following conditions have been met within the two (2) year period:

(i) The owner or insured is terminally or chronically ill;

(ii) The owner's spouse dies;

(iii) The owner divorces his or her spouse;

(iv) The owner retires from full-time employment;

(v) The owner becomes physically or mentally disabled and a physician determines that the disability prevents the owner from maintaining full-time employment; or

(vi) A final order, judgment or decree is entered by a court of competent jurisdiction on the application of a creditor or the owner, adjudicating the owner bankrupt or insolvent, or approving a petition seeking reorganization of the owner or appointing a receiver, trustee or liquidator to all or a substantial part of the owner's assets.

(2) Copies of the independent evidence described in subsection (1)(b) of this section and documents required in section 41-1960(1) through (5), Idaho Code, shall be submitted to the insurer when the life settlement provider or other party entering into a life settlement contract with an owner submits a request to the insurer for verification of coverage. The copies shall be accompanied by a letter of attestation from the life settlement provider that the copies are true and correct copies of the documents received by the life settlement provider.

(3) If the life settlement provider submits to the insurer a copy of the owner or insured's certification described in and the independent evidence required by subsection (1)(b) of this section when the provider submits a request to the insurer to effect the transfer of the policy or certificate to the life settlement provider, the copy shall be deemed to conclusively establish that the life settlement contract satisfies the requirements of this section and the insurer shall timely respond to the request.

(4) No insurer may, as a condition of responding to a request for verification of coverage or effecting the transfer of a policy pursuant to a life settlement contract, require that the owner, insured, life settlement provider or life settlement broker sign any forms, disclosures, consent or waiver form that has not been filed with the director for use in connection with life settlement contracts in this state.

(5) Upon receipt of a properly completed request for change of ownership or beneficiary of a policy, the insurer shall respond in writing within thirty (30) days with written acknowledgment confirming that the change has been effected or specifying the reasons why the requested change cannot be processed. The insurer shall not unreasonably delay effecting change of ownership or beneficiary and shall not otherwise seek to interfere with any life settlement contract lawfully entered into in this state.

History:

[41-1961, added 2009, ch. 69, sec. 1, p. 202.]
Idaho Code § 41-1846 — Idaho Code / Title 41 / Chapter 18 / Section 41-1846
41-1846 HEALTH CARE POLICIES — APPLICABILITY — REQUIREMENT.
Status: in_force

41-1846. Health care policies — Applicability — Requirement. (1) An insurer offering a health care policy that does not meet the definition of a managed care plan as provided in section 41-3903(15), Idaho Code:

(a) Must have the intent to render and the capability for rendering or providing coverage for good quality health care services, which will be and are readily available and accessible to its insureds both within and outside the state of Idaho, and such services must be reasonably responsive to the needs of insureds;

(b) When "emergency services" are provided, they shall be provided as set forth in section 41-3903(7), Idaho Code, and shall not require prior authorization;

(c) Shall include on its website and/or send annually to its policyholders:

(i) A statement as to whether the plan includes a limited formulary of medications and a statement that the formulary will be made available to any member on request;

(ii) Notification of any change in benefits; and

(iii) A description of all prior authorization review procedures for health care services;

(d) Shall adopt procedures for a timely review by a licensed physician, peer provider or peer review panel when a claim has been denied as not medically necessary or as experimental. The procedure shall provide for a written statement of the reasons the service was denied and transmittal of that information to the appropriate provider for inclusion in the insured's permanent medical record;

(e) When prior approval for a covered service is required of and obtained by or on behalf of an insured, the approval for the specific procedure shall be final and may not be rescinded after the covered service has been provided except in cases of fraud, misrepresentation, nonpayment of premium, exhaustion of benefits or if the insured for whom the prior approval was granted is not enrolled at the time the covered service was provided; and

(f) Shall not offer a provider any incentive that includes a specific payment made, in any type or form, to the provider as an inducement to deny, reduce, limit, or delay specific, medically necessary, and appropriate services covered by the health care policy.

(2) No health care provider shall require an insured to make additional payments for covered services under a policy subject to subsection (1) of this section, other than specified deductibles, copayments or coinsurance once a provider has agreed in writing to accept the insurer's reimbursement rate to provide a covered service.

History:

[41-1846, added 2004, ch. 283, sec. 1, p. 798.]
Idaho Code § 41-1808 — Idaho Code / Title 41 / Chapter 18 / Section 41-1808
41-1808 APPLICATION REQUIRED — LIFE AND DISABILITY INSURANCE.
Status: in_force

41-1808. Application required — Life and disability insurance. No life or disability insurance contract upon an individual, except a contract of group life insurance or of group or blanket disability insurance, shall be made or effectuated unless at the time of the making of the contract the individual insured, being of competent legal capacity to contract, applies therefor or has consented thereto in writing, except in the following cases:

(1) A spouse may effectuate such insurance upon the other spouse.

(2) Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effectuate insurance upon the life of or pertaining to such minor.

(3) Family policies may be issued insuring any two (2) or more members of a family on an application signed by either parent, a stepparent, or by a husband or wife.

History:

[41-1808, added 1961, ch. 330, sec. 400, p. 645.]
Idaho Code § 41-6302 — Idaho Code / Title 41 / Chapter 63 / Section 41-6302
41-6302 DEFINITIONS.
Status: in_force

41-6302. definitions. For purposes of this chapter:

(1) "Department" means the state department of insurance.

(2) "Director" means the director of the state department of insurance.

(3) "Insurance group" means, for the purpose of conducting an ORSA, those insurers and affiliates included within an insurance holding company system as defined in section 41-3802, Idaho Code.

(4) "Insurer" has the same meaning as set forth in section 41-103, Idaho Code, and shall not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state. For purposes of this chapter, the term "insurer" includes, but is not limited to:

(a) An entity holding a certificate of authority under chapter 3, title 41, Idaho Code;

(b) A service corporation holding a certificate of authority under chapter 34, title 41, Idaho Code;

(c) A managed care organization holding a certificate of authority under chapter 39, title 41, Idaho Code; and

(d) The state insurance fund created under chapter 9, title 72, Idaho Code.

(5) "Own risk and solvency assessment" or "ORSA" means a confidential internal assessment, appropriate to the nature, scale and complexity of an insurer or insurance group, conducted by that insurer or insurance group of the material and relevant risks associated with the insurer's or the insurance group's current business plan, and the sufficiency of capital resources to support those risks.

(6) "ORSA guidance manual" means the current version of the own risk and solvency assessment guidance manual developed and adopted by the national association of insurance commissioners (NAIC) and as amended from time to time and utilizing the version of the manual adopted by the director by rule, administrative order or bulletin.

(7) "ORSA summary report" means a confidential high-level summary of an insurer's or an insurance group's ORSA.

History:

[41-6302, added 2017, ch. 75, sec. 1, p. 188.]
Idaho Code § 41-2514 — Idaho Code / Title 41 / Chapter 25 / Section 41-2514
41-2514 MEDICAL PAYMENTS LIMITATION PROHIBITED.
Status: in_force

41-2514. Medical payments limitation prohibited. Recovery of costs incurred for injuries sustained under an automobile medical payments insurance contract shall not be limited to less than three (3) years from the date of the injury. This section shall not pertain to any injury that is not discovered and treated within one year from the date of the occurrence that caused the injury.

History:

[41-2514, added 1976, ch. 102, sec. 1, p. 425.]
Idaho Code § 41-703 — Idaho Code / Title 41 / Chapter 7 / Section 41-703
41-703 GENERAL QUALIFICATIONS.
Status: in_force

41-703. General qualifications. (1) No security or investment (other than real and personal property acquired under section 41-728, Idaho Code, real property owned) shall be eligible for acquisition unless it is interest bearing or interest accruing or by its character entitled to receive dividends or income when declared or paid, including discounted and zero interest certificates of accrual on public and corporate obligations, is not then in default in any respect, and the insurer is entitled to receive for its exclusive account and benefit the interest or income accruing thereon.

(2) No security or investment shall be eligible for purchase at a price above its market value.

(3) No provision of this chapter shall prohibit the acquisition by an insurer of other or additional securities or property if received as a dividend or as a lawful distribution of assets, or under a lawful and bona fide agreement of bulk reinsurance, merger, or consolidation. Any investment so acquired which is not otherwise eligible under this chapter shall be disposed of pursuant to section 41-730, Idaho Code, if personal property or securities, or pursuant to section 41-729, Idaho Code, if real property.

History:

[41-703, added 1961, ch. 330, sec. 140, p. 645; am. 1969, ch. 214, sec. 16, p. 625; am. 1985, ch. 231, sec. 1, p. 551.]
Idaho Code § 41-1831 — Idaho Code / Title 41 / Chapter 18 / Section 41-1831
41-1831 FORMS FOR PROOF OF LOSS TO BE FURNISHED.
Status: in_force

41-1831. Forms for proof of loss to be furnished. An insurer shall furnish, upon written request of any person claiming to have a loss under an insurance contract issued by such insurer, forms of proof of loss for completion by such person, but such insurer shall not, by reason of the requirement so to furnish forms, have any responsibility for or with reference to the completion of such proof or the manner of any such completion or attempted completion.

History:

[41-1831, added 1961, ch. 330, sec. 423, p. 645.]
Idaho Code § 41-3424 — Idaho Code / Title 41 / Chapter 34 / Section 41-3424
41-3424 RECORDS AND ACCOUNTS.
Status: in_force

41-3424. Records and accounts. (1) Every service corporation shall establish and maintain complete and accurate records and accounts covering its transactions and affairs, in accordance with common and accepted principles and practices of insurance accounting and recordkeeping as applied to the business of the corporation.

(2) Among other records, the corporation shall establish a separate record of each claim received for benefits under a subscriber's contract, whether such claim is for service or for indemnity. Such claim record shall contain such information as is reasonably necessary for determination of:

(a) The identity of the claimant;

(b) The nature of the claim;

(c) The probable amount to be paid by the corporation on account of the claim;

(d) Amounts actually paid by the corporation on account of the claim.

History:

[41-3424, added 1961, ch. 330, sec. 782, p. 645.]
Idaho Code § 41-4935 — Idaho Code / Title 41 / Chapter 49 / Section 41-4935
41-4935 POLITICAL CONTRIBUTIONS PROHIBITED.
Status: in_force

41-4935. Political contributions prohibited. The administrator shall not make or knowingly permit the making, directly or indirectly, of any political contribution by or from the trust fund.

History:

[(41-4935) 41-4938, added 1990, ch. 119, sec. 1, p. 286; am. & redesig. 2003, ch. 96, sec. 39, p. 305.]
Idaho Code § 41-1839 — Idaho Code / Title 41 / Chapter 18 / Section 41-1839
41-1839 ALLOWANCE OF ATTORNEY'S FEES IN SUITS AGAINST OR IN ARBITRATION WITH INSURERS.
Status: in_force

41-1839. Allowance of attorney's fees in suits against or in arbitration with insurers. (1) Any insurer issuing any policy, certificate or contract of insurance, surety, guaranty or indemnity of any kind or nature whatsoever that fails to pay a person entitled thereto within thirty (30) days after proof of loss has been furnished as provided in such policy, certificate or contract, or to pay to the person entitled thereto within sixty (60) days if the proof of loss pertains to uninsured motorist or underinsured motorist coverage benefits, the amount that person is justly due under such policy, certificate or contract shall in any action thereafter commenced against the insurer in any court in this state, or in any arbitration for recovery under the terms of the policy, certificate or contract, pay such further amount as the court shall adjudge reasonable as attorney's fees in such action or arbitration.

(2) In any such action or arbitration, if it is alleged that before the commencement thereof, a tender of the full amount justly due was made to the person entitled thereto, and such amount is thereupon deposited in the court, and if the allegation is found to be true, or if it is determined in such action or arbitration that no amount is justly due, then no such attorney's fees may be recovered.

(3) This section shall not apply as to actions under the worker's compensation law, title 72, Idaho Code. This section shall not apply to actions or arbitrations against surety insurers by creditors of or claimants against a principal and arising out of a surety or guaranty contract issued by the insurer as to such principal, unless such creditors or claimants shall have notified the surety of their claim, in writing, at least sixty (60) days prior to such action or arbitration against the surety. The surety shall be authorized to determine what portion or amount of such claim is justly due the creditor or claimant and payment or tender of the amount so determined by the surety shall not be deemed a volunteer payment and shall not prejudice any right of the surety to indemnification and/or subrogation so long as such determination and payment by the surety be made in good faith. Nor shall this section apply to actions or arbitrations against fidelity insurers by claimants against a principal and arising out of a fidelity contract or policy issued by the insurer as to such principal unless the liability of the principal has been acknowledged by him in writing or otherwise established by judgment of a court of competent jurisdiction.

(4) Notwithstanding any other provision of statute to the contrary, this section and section 12-123, Idaho Code, shall provide the exclusive remedy for the award of statutory attorney's fees in all actions or arbitrations between insureds and insurers involving disputes arising under policies of insurance. Provided, attorney's fees may be awarded by the court when it finds, from the facts presented to it that a case was brought, pursued or defended frivolously, unreasonably or without foundation. Section 12-120, Idaho Code, shall not apply to any actions or arbitrations between insureds and insurers involving disputes arising under any policy of insurance.

History:

[41-1839, added 1961, ch. 330, sec. 431, p. 645; am. 1965, ch. 105, sec. 1, p. 191; am. 1996, ch. 384, sec. 1, p. 1307; am. 1996, ch. 385, sec. 1, p. 1308; am. 2010, ch. 251, sec. 1, p. 641; am. 2013, ch. 257, sec. 1, p. 633.]
Idaho Code § 41-5914 — Idaho Code / Title 41 / Chapter 59 / Section 41-5914
41-5914 EXTERNAL REVIEW REPORTING REQUIREMENTS.
Status: in_force

41-5914. external review reporting requirements. (1) An independent review organization assigned pursuant to this chapter to conduct an external review shall maintain written records in the aggregate for Idaho by health carrier on all requests for external review for which it conducted an external review during a calendar year and, upon request, submit a report to the director, as required under this section. Each independent review organization required to maintain written records on all requests for external review pursuant to this section for which it was assigned to conduct an external review shall submit to the director, upon request or at specified intervals, a report in the format specified by the director.

(2) The report shall include in the aggregate for Idaho for each health carrier:

(a) The total number of requests for external review;

(b) The number of requests for external review resolved and, of those resolved, the number resolved upholding the final adverse benefit determinations and the number resolved reversing the final adverse benefit determinations;

(c) The average length of time for resolution;

(d) A summary of the types of coverages or cases for which an external review was sought;

(e) The number of external reviews pursuant to section 41-5908(18), Idaho Code, that were terminated as the result of a reconsideration by the health carrier of its final adverse benefit determination after the receipt of additional information from the covered person; and

(f) Any other information the director may reasonably request or require.

(3) The independent review organization shall retain the written records required pursuant to this section for at least five (5) years.

(4) Each health carrier shall maintain written records in the aggregate for Idaho for each type of health benefit plan offered by the health carrier on all requests for external review that the health carrier receives notice of from the director pursuant to this chapter.

(5) Each health carrier is required to maintain written records on all requests for external review pursuant to subsection (1) of this section and shall submit to the director, upon request or at specified intervals, a report in the format specified by the director. The report shall include in the aggregate for Idaho and by type of health benefit plan:

(a) The total number of requests for external review;

(b) From the total number of requests for external review reported, the number of requests determined eligible for a full external review; and

(c) Any other information the director may reasonably request or require.

(6) The health carrier shall retain the written records required pursuant to this section for at least five (5) years.

History:

[41-5914, added 2009, ch. 87, sec. 1, p. 255.]
Idaho Code § 41-2650 — Idaho Code / Title 41 / Chapter 26A / Section 41-2650
41-2650 SHORT TITLE.
Status: in_force

CHAPTER 26A

MORTGAGE GUARANTY INSURANCE

41-2650. Short title. This chapter may be cited as the mortgage guaranty insurance act.

History:

[I.C., sec. 41-2650, as added by 1972, ch. 79, sec. 1, p. 159.]
Idaho Code § 41-1338 — Idaho Code / Title 41 / Chapter 13 / Section 41-1338
41-1338 UNINSURED VEHICLE TRACKING — PENALTIES.
Status: in_force

41-1338. uninsured vehicle tracking — penalties. Tracking uninsured vehicles through online insurance verification is an important policy of the state of Idaho that requires the participation of all auto insurers. Failure to comply with the provisions of section 49-1234, Idaho Code, shall constitute a wrongful practice and the insurer shall be subject to penalties pursuant to section 41-327, Idaho Code.

History:

[41-1338, added 2016, ch. 141, sec. 2, p. 408.]
Idaho Code § 41-3418 — Idaho Code / Title 41 / Chapter 34 / Section 41-3418
41-3418 SERVICE AGREEMENTS AND SUBSCRIBER'S CONTRACTS MUST PROVIDE SUBSTANTIAL SERVICE BENEFITS.
Status: in_force

41-3418. Service agreements and subscriber's contracts must provide substantial service benefits. (1) Service agreements and subscriber's contracts entered into or issued by a service corporation on a service basis shall provide for health care services of a substantial and broad character to be rendered to subscribers on a service basis by participant licensees or participant hospitals, as the case may be and, as to participant licensees, within the scope of health care services which may otherwise lawfully be provided by the respective categories of participant licensees under the laws of Idaho.

(2) The director may, after a hearing thereon, by rules and regulations establish certain reasonable minimums of service benefits to be so provided consistent with subsection (1) above.

(3) If any group for whom a master contract is to be issued desires to enter into such contract providing either greater or lesser benefits either by way of indemnity or service to the members of such group than the issuing service corporation usually issues to similar groups, the service corporation may enter into such contract, providing, however, (a) that the request of such deviation from usual benefits and/or rates be in writing signed by the proper person representing such group setting forth the benefits desired and (b) that the master contract shall, as clearly as possible, describe in detail the benefits and rates charged, and (c) that the provisions of section 41-3417(5), Idaho Code, shall apply to such transaction. Should such group desire benefits less than those that may have been established under subsection (2) of this section a true copy of the executed request therefor and the master contract issued shall be filed with the director.

History:

[41-3418, added 1961, ch. 330, sec. 776, p. 645; am. 1967, ch. 399, sec. 10, p. 1194; am. 1971, ch. 252, sec. 12, p. 1008.]
Idaho Code § 41-6202 — Idaho Code / Title 41 / Chapter 62 / Section 41-6202
41-6202 LEGISLATIVE INTENT.
Status: in_force

41-6202. LEGISLATIVE INTENT. (1) The legislature finds and declares that a considerable number of Idaho citizens use contracts to provide necessary services for the repair and servicing of motor vehicles purchased and used within the state.

(2) It is the intent of the legislature that this act provides for state of Idaho regulation of motor vehicle service contracts offered for sale in the state by any person other than the motor vehicle manufacturer or its affiliates and subsidiaries.

(3) It is also the intent of the legislature that this act shall not apply to:

(a) The customary and usual performance guarantees or warranties offered at no additional charge by motor vehicle manufacturers, or their affiliates and subsidiaries, regarding the sale of motor vehicles;

(b) Maintenance agreements; or

(c) Theft protection programs or theft protection program warranties.

Such products identified in this subsection shall not be subject to the provisions of title 41, Idaho Code, unless expressly made applicable.

History:

[41-6202, added 2018, ch. 116, sec. 2, p. 241.]
Idaho Code § 41-1505 — Idaho Code / Title 41 / Chapter 15 / Section 41-1505
41-1505 DUTIES OF INSURERS.
Status: in_force

41-1505. Duties of insurers. (1) The insurer shall have on file an independent financial examination, in a form acceptable to the director, of each MGA with whom it has done business.

(2) If a MGA establishes loss reserves, the insurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the MGA. This is in addition to any other required loss reserve certification.

(3) The insurer shall conduct an on-site review of the underwriting and claims processing operations of the MGA on a semiannual or more frequent basis.

(4) Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates shall rest with an officer of the insurer, who shall not be affiliated with the MGA.

(5) Within thirty (30) days of entering into or termination of a contract with a MGA, the insurer shall provide written notification of such appointment or termination to the director. Notices of appointment of a MGA shall include:

(a) A statement of duties which the applicant is expected to perform on behalf of the insurer;

(b) The lines of insurance for which the applicant is to be authorized to act; and

(c) Any other information the director may request.

(6) An insurer shall review its books and records each quarter to determine if any agent has become, by operation of the provisions of section 41-1502(3) and (4), Idaho Code, a MGA as defined in that section. If the insurer determines that an agent has become a MGA pursuant to the above, the insurer shall promptly notify the agent and the director of such determination and the insurer and agent must fully comply with the provisions of this chapter within thirty (30) days.

(7) An insurer shall not appoint to its board of directors an officer, director, employee, agent or controlling shareholder of its MGA. The provisions of this subsection shall not apply to relationships governed by chapter 38, title 41, Idaho Code.

History:

[41-1505, added 1991, ch. 293, sec. 1, p. 757.]
Idaho Code § 41-4912A — Idaho Code / Title 41 / Chapter 49 / Section 41-4912A
41-4912A STORAGE TANKS LOCATED ON SITES WHERE CONTAMINATION IS PRESENT.
Status: in_force

41-4912A. Storage tanks located on sites where contamination is present. (1) Notwithstanding the provisions of section 41-4912(1)(g), Idaho Code, an owner or operator of a petroleum storage tank or tanks located on a site where contamination is present may be eligible for insurance covering the petroleum storage tanks located on that site if the contamination does not pose a threat to public health, safety or the environment, or was not caused by or released by or from the tank, or if multiple tanks are present on the site, any one (1) of the tanks, for which insurance coverage is sought; provided, however, that the trust fund shall not pay for any corrective action costs or compensation to third parties for bodily injury or property damage arising from the prior contamination present at the site.

(2) Any contamination caused by or released by or from the tank or tanks which may migrate off-site; contaminate ground water; exceed federal or state standards, guidelines, criteria or contaminant levels for ground water or drinking water; or pose a fire, explosion or safety hazard may be deemed by the administrator to present a threat to public health, safety or the environment. An owner or operator of such petroleum storage tank or tanks will not be eligible for insurance covering the petroleum storage tanks located on that site unless the contamination has been cleaned up or a plan for cleanup or removal approved pursuant to section 41-4912(1)(g), Idaho Code, is being implemented.

(3) Contracts of insurance issued to an owner or operator of a petroleum storage tank located on a site where contamination is present and where the administrator has determined that the contamination does not pose a threat to public health, safety or the environment, or was not caused by or released by or from the tank or tanks shall exclude from coverage corrective action costs and compensation to third parties for bodily injury or property damage arising out of the prior contamination present at the site.

History:

[(41-4912A) 41-4911A, added 1991, ch. 59, sec. 10, p. 127; am. 1996, ch. 425, sec. 2, p. 1453; am. & redesig. 2003, ch. 96, sec. 14, p. 296.]
Idaho Code § 41-2848 — Idaho Code / Title 41 / Chapter 28 / Section 41-2848
41-2848 ENFORCEMENT OF CONTINGENT LIABILITY.
Status: in_force

41-2848. Enforcement of contingent liability. (1) The insurer shall notify each member of the amount of the assessment to be paid by written notice mailed to the member's address last of record with the insurer. Failure of the member to receive the notice so mailed, within the time specified therein for the payment of the assessment or at all, shall be no defense in any action to collect the assessment.

(2) If a member fails to pay the assessment within the period specified in the notice, which period shall not be less than twenty (20) days after mailing, the insurer may institute suit to collect the same.

History:

[41-2848, added 1961, ch. 330, sec. 616, p. 645.]
Idaho Code § 41-2312 — Idaho Code / Title 41 / Chapter 23 / Section 41-2312
41-2312 CLAIMS.
Status: in_force

41-2312. Claims. (1) All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All claims shall be settled as soon as possible and in accordance with the terms of the insurance contract.

(2) All claims shall be paid either by draft drawn upon the insurer or by check of the insurer to the order of the claimant to whom payment of the claim is due pursuant to the policy provisions, or upon direction of such claimant to one specified.

(3) No plan or arrangement shall be used whereby any person, firm or corporation other than the insurer or its designated claim representative shall be authorized to settle or adjust claims. The creditor shall not be designated as claim representative for the insurer in adjusting claims; provided, that a group policyholder may, by arrangement with the group insurer, draw drafts or checks in payment of claims due to the group policyholder subject to audit and review by the insurer.

History:

[41-2312, added 1961, ch. 330, sec. 547, p. 645.]
Idaho Code § 41-1926 — Idaho Code / Title 41 / Chapter 19 / Section 41-1926
41-1926 PROHIBITED PROVISIONS — INDUSTRIAL LIFE INSURANCE.
Status: in_force

41-1926. Prohibited provisions — Industrial life insurance. No policy of industrial life insurance shall contain any of the following provisions:

(1) A provision by which the insurer may deny liability under the policy for the reason that the insured has previously obtained other insurance from the same insurer.

(2) A provision giving the insurer the right to declare the policy void because the insured has had any disease or ailment, whether specified or not, or because the insured has received institutional, hospital, medical or surgical treatment or attention, except a provision which gives the insurer the right to declare the policy void if the insured has, within two years prior to the issuance of the policy, received institutional, hospital, medical or surgical treatment or attention and if the insured or claimant under the policy fails to show that the condition occasioning such treatment or attention was not of a serious nature or was not material to the risk.

(3) A provision giving the insurer the right to declare the policy void because the insured has been rejected for insurance, unless such right be conditioned upon a showing by the insurer that knowledge of such rejection would have led to a refusal by the insurer to make such contract.

History:

[41-1926, added 1961, ch. 330, sec. 457, p. 645.]
Idaho Code § 41-2117 — Idaho Code / Title 41 / Chapter 21 / Section 41-2117
41-2117 OPTIONAL POLICY PROVISIONS.
Status: in_force

41-2117. Optional policy provisions. Except as provided in section 41-2104(2), no such policy delivered or issued for delivery to any person in this state shall contain provisions respecting the matters set forth in sections 41-2118 to 41-2127, inclusive, of this chapter unless such provisions are in the words in which the same appear in the applicable section, except that the insurer may, at its option, use in lieu of any such provision a corresponding provision of different wording approved by the director which is not less favorable in any respect to the insured or the beneficiary. Any such provision contained in the policy shall be preceded individually by the appropriate caption or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the director may approve.

History:

[41-2117, added 1961, ch. 330, sec. 506, p. 645.]
Idaho Code § 41-809 — Idaho Code / Title 41 / Chapter 8 / Section 41-809
41-809 RIGHTS OF INSURER DURING SOLVENCY.
Status: in_force

41-809. Rights of insurer during solvency. So long as the insurer remains solvent and is in compliance with this code it may:

(1) Demand, receive, sue for and recover the income from the securities or assets deposited;

(2) Exchange and substitute for the deposited securities or assets, or any part thereof, other eligible securities and assets of equivalent or greater value; and

(3) At any reasonable time inspect any such deposit.

History:

[41-809, added 1961, ch. 330, sec. 178, p. 645.]
Idaho Code § 41-503 — Idaho Code / Title 41 / Chapter 5 / Section 41-503
41-503 “DISABILITY INSURANCE” DEFINED.
Status: in_force

41-503. "Disability insurance" defined. (1) "Disability insurance" includes:

(a) Insurance of human beings against bodily injury, disablement, or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto. Disability insurance does not include worker's compensation coverages; and

(b) A managed care plan for which a certificate of authority is required pursuant to chapter 39, title 41, Idaho Code.

History:

[41-503, added 1961, ch. 330, sec. 112, p. 645; am. 1997, ch. 204, sec. 36, p. 606.]
Idaho Code § 41-609 — Idaho Code / Title 41 / Chapter 6 / Section 41-609
41-609 LOSS RESERVES, LIABILITY INSURANCE AND WORKER'S COMPENSATION.
Status: in_force

41-609. Loss reserves, liability insurance and worker's compensation. Where called for by the form of annual statement required of the insurer, the reserve for outstanding losses under insurance against loss or damage from accident to or injuries suffered by an employee or other person and for which the insured is liable, shall be computed in accordance with the annual statement instructions and the accounting and procedures manual adopted by the national association of insurance commissioners, as provided in section 41-335, Idaho Code.

History:

[41-609, added 1961, ch. 330, sec. 130, p. 645; am. 1993, ch. 194, sec. 4, p. 498.]
Idaho Code § 41-1932 — Idaho Code / Title 41 / Chapter 19 / Section 41-1932
41-1932 PARTICIPATING AND NONPARTICIPATING POLICIES — RIGHT TO ISSUE.
Status: in_force

41-1932. Participating and nonparticipating policies — Right to issue. A life insurer may issue policies on either the participating basis or the nonparticipating basis, or on both bases, if the right or absence of right of participation is reasonably related to the premium charged and the insurer is otherwise not in violation of sections 41-1313 (unfair discrimination–life insurance, annuities, and disability insurance) or 41-1314 (rebates, illegal inducements).

History:

[41-1932, added 1961, ch. 330, sec. 463, p. 645.]
Idaho Code § 41-225 — Idaho Code / Title 41 / Chapter 2 / Section 41-225
41-225 OBSTRUCTION OF EXAMINATION — PENALTY.
Status: in_force

41-225. Obstruction of examination — Penalty. Any individual who wilfully obstructs the director or his examiner in the conduct of any examination authorized by this chapter shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 41-117 (general penalty).

History:

[41-225, added 1961, ch. 330, sec. 42, p. 645.]
Idaho Code § 41-917 — Idaho Code / Title 41 / Chapter 9 / Section 41-917
41-917 PROVISIONS NOT LIMITING.
Status: in_force

41-917. provisions not limiting. The requirements of this chapter are not a waiver or limitation of provisions of this title or other laws of this state but are additional requirements.

History:

[41-917, added 2010, ch. 31, sec. 2, p. 59.]
Idaho Code § 41-1328A — Idaho Code / Title 41 / Chapter 13 / Section 41-1328A
41-1328A REPAIR OF MOTOR VEHICLES.
Status: in_force

41-1328A. Repair of motor vehicles. The purpose of sections 41-1328A through 41-1328D, Idaho Code, is to regulate the use of aftermarket crash parts by requiring disclosure by the repair facility when any use is proposed of an aftermarket, nonoriginal equipment manufacturer's crash part, and by requiring that the manufacturers of such aftermarket crash parts identify their products.

History:

[41-1328A, added 1990, ch. 156, sec. 1, p. 342.]
Idaho Code § 41-1043 — Idaho Code / Title 41 / Chapter 10 / Section 41-1043
41-1043 COLLATERAL.
Status: in_force

41-1043. Collateral. (1) A bail agent may accept collateral in connection with the bail bond transaction if the collateral is not excessive in relation to the face amount of the bond.

(2) All collateral received by a bail agent is received in a fiduciary capacity.

(a) Collateral received in the form of cash must be deposited and maintained in a trust account that is separate and apart from any other funds or assets of the bail agent.

(b) Collateral other than cash must be maintained in a separate and secure location apart from the assets of the bail agent.

(3) Collateral received must be returned to the person who deposited the collateral with the bail agent within fourteen (14) days of the date notice is received that the obligation, the satisfaction of which was secured by collateral, is discharged.

(4) A copy of the order of the court wherein the bail or undertaking was ordered exonerated shall be deemed prima facie evidence of exoneration or termination of the liability.

(5) If a bail agent accepts collateral, the bail agent shall give a written receipt for the collateral to the person from whom the collateral was received. The receipt shall include a full and detailed accounting of the collateral received.

History:

[41-1043, added 2003, ch. 104, sec. 7, p. 330.]
Idaho Code § 41-3437 — Idaho Code / Title 41 / Chapter 34 / Section 41-3437
41-3437 REQUIRED PROVISIONS — INFANTS.
Status: in_force

41-3437. Required provisions — Infants. (a) A subscriber's contract, delivered or issued for delivery in this state which provides coverage for injury or sickness for newborn dependent children of subscribers or other members of the covered group, shall provide coverage for such newborn children, including adopted newborn children that are placed with the adoptive subscriber or other member of the covered group within sixty (60) days of the adopted child's date of birth, from and after the moment of birth. Coverage under the contract for an adopted newborn child placed with the adoptive subscriber or other member of the covered group more than sixty (60) days after the birth of the adopted child shall be from and after the date the child is so placed. Coverage provided in accord with this section shall include, but not be limited to, coverage for congenital anomalies. For the purposes of this section, "child" means an individual who has not attained age eighteen (18) years as of the date of the adoption or placement for adoption. For the purposes of this section, "placed" shall mean physical placement in the care of the adoptive subscriber or other member of the covered group, or in those circumstances in which such physical placement is prevented due to the medical needs of the child requiring placement in a medical facility, it shall mean when the adoptive subscriber or other member of the covered group signs an agreement for adoption of such child and signs an agreement assuming financial responsibility for such child. Prior to legal finalization of adoption, the coverage required under the provisions of this subsection as to a child placed for adoption with a subscriber or other member of the covered group continues in the same manner as it would with respect to a naturally born child of the subscriber or other member of the covered group until the first to occur of the following events:

(1) Date the child is removed permanently from that placement and the legal obligation terminates; or

(2) The date the subscriber or other member of the covered group rescinds, in writing, the agreement of adoption or agreement assuming financial responsibility.

(b) A service corporation shall not restrict coverage under a subscriber's contract of any dependent child adopted by a participant or beneficiary, or placed with a participant or beneficiary for adoption, solely on the basis of a preexisting condition of the child at the time the child would otherwise become eligible for coverage under the plan, if the adoption or placement for adoption occurs while the participant or beneficiary is eligible for coverage under the plan.

History:

[I.C., sec. 41-3437, as added by 1974, ch. 66, sec. 4, p. 1146; am. 1993, ch. 305, sec. 3, p. 1132; am. 1994, ch. 365, sec. 6, p. 1156.]
Idaho Code § 41-2024 — Idaho Code / Title 41 / Chapter 20 / Section 41-2024
41-2024 “EMPLOYEE LIFE INSURANCE” DEFINED.
Status: in_force

41-2024. "Employee life insurance" defined. (1) "Employee life insurance" is that plan of life insurance, other than salary savings life insurance or pension trust insurance and annuities, under which individual policies are issued to the employees of any employer and the employer, or to the members of a professional association or its employees and where such policies are issued on the lives of not less than four (4) persons at date of issue. Premiums for such policies shall be paid either wholly from the employer's or member's funds, or funds contributed by him, or partly from such funds and partly from funds contributed by the insured employees.

(2) Any group which is eligible for "group disability insurance" under section 41-2202, Idaho Code, will be eligible for employee life insurance under section 41-2024, Idaho Code.

History:

[41-2024, added 1961, ch. 330, sec. 489, p. 645; am. 1974, ch. 85, sec. 1, p. 1176; am. 1975, ch. 207, sec. 3, p. 575.]
Idaho Code § 41-2708 — Idaho Code / Title 41 / Chapter 27 / Section 41-2708
41-2708 DETERMINATION OF INSURABILITY — PROHIBITED RISKS — REBATES.
Status: in_force

41-2708. Determination of insurability — Prohibited risks — Rebates. (1) Insurability. No title insurance on real property in the state of Idaho shall be issued unless and until the title insurer or its agent:

(a) Owns or leases, separately or jointly with another, tract indexes and abstract records of the county in which the property is located; and

(b) Has caused to be made a search and examination of the title and a determination of insurability of title in accordance with sound title underwriting practices.

Evidence thereof for each policy shall be preserved and retained in the files of the title insurer or its agent. In lieu of retaining the original copy, the same may be reproduced by any photographic, photostatic, microfilm or microcard type of system or process that actually reproduces or forms a durable medium for reproducing the original.

(2) Prohibited risks. No title insurer doing business in this state shall guarantee the payment of deeds of trust or mortgages on real property. Nor shall any title insurer intentionally issue a title insurance policy without showing any outstanding enforceable recorded liens and encumbrances which are of record against the real property, except under circumstances the director of the department of insurance under his rulemaking powers may approve. Such guaranty of mortgage payments or intentional omission of such outstanding liens and encumbrances in violation hereof shall, upon proof thereof to the satisfaction of the director of the department of insurance, subject the insurer to a fine not to exceed two thousand dollars ($2,000) and to the revocation of, suspension of, or refusal to renew a certificate of authority.

(3) Rebates. Section 41-1314(1), Idaho Code, shall be applicable to any person or entity and all employees, officers, agents, attorneys and solicitors thereof engaging in the title insurance business as to rebates and illegal inducements as in said section defined. The words "as inducement to such insurance" and "or in connection therewith" shall be construed to include but not be limited to underwriting premium, agent's commission, abstracting charges, title examination fees, closing charges, escrow fees, trustee fees, and foreclosure fees relating to deeds of trust. No insured in a policy nor any other person directly or indirectly connected with the transaction involving the issuance of a title insurance policy, including but not limited to mortgage brokers, real estate brokers and agents, builders or attorneys, nor any employee, agent or representative or solicitor thereof, shall knowingly receive or accept, directly or indirectly, any such rebate or illegal inducement. No title insurance company or title insurance agent shall quote or make any charge for title insurance to any person less than the currently filed rate for such risk with the department of insurance. Nothing in this section or this title shall be deemed to prohibit a title insurer or title insurance agent from providing a reimbursement or discount of the premium otherwise payable for a title insurance policy and for any escrow fees otherwise charged in a transaction handled by such title insurance company or title insurance agent involving a bona fide employee's residence. Each such person and entity giving or receiving a rebate, illegal inducement or a reduction in rate in violation of this section shall, in addition to the other penalties set forth in title 41, Idaho Code, for violation thereof, be liable for three (3) times the amount of such rebate, illegal inducement or reduced rate.

(4) Forwarding fees. No person forwarding or directing title insurance business to a title insurer or title insurance agent in Idaho, nor such insurer or agent receiving such business, shall give or receive anything of value, or a portion of the premium, therefor.

History:

[41-2708, added 1973, ch. 135, sec. 5, p. 252; am. 2018, ch. 213, sec. 2, p. 482.]
Idaho Code § 41-1108 — Idaho Code / Title 41 / Chapter 11 / Section 41-1108
41-1108 OTHER PROVISIONS APPLICABLE.
Status: in_force

41-1108. Other provisions applicable. The following sections of chapter 10, title 41, Idaho Code, shall, to the extent so applicable, also apply as to adjuster licenses:

(1) 41-1007(1), Idaho Code (application for producer license).

(2) 41-1008, Idaho Code (producer license).

(3) 41-1011, Idaho Code (issuance, refusal of license).

(4) 41-1013, Idaho Code (continuation, expiration of license, continuing education statement).

(5) 41-1016, Idaho Code (administrative penalty — suspension, revocation, refusal of license).

(6) 41-1026, Idaho Code (procedure following suspension, revocation, denial — reinstatement).

History:

[41-1108, added 1961, ch. 330, sec. 244, p. 645; am. 1972, ch. 164, sec. 2, p. 376; am. 1999, ch. 97, sec. 6, p. 303; am. 2001, ch. 296, sec. 4, p. 1063; am. 2002, ch. 281, sec. 3, p. 824; am. 2016, ch. 50, sec. 3, p. 146; am. 2021, ch. 42, sec. 8, p. 127.]
Idaho Code § 41-1234 — Idaho Code / Title 41 / Chapter 12 / Section 41-1234
41-1234 RECORDS OF INSUREDS.
Status: in_force

41-1234. Records of insureds. In order that the director may effectively administer the various provisions of this chapter, every person as to whom insurance has been placed with an unauthorized insurer shall, upon the director's order, produce for his examination all policies and other documents evidencing the insurance, and shall disclose to the director the amount of premiums paid or agreed to be paid for the insurance. For each refusal to obey such order such person shall, upon conviction thereof, be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500).

History:

[41-1234, added 1961, ch. 330, sec. 278, p. 645.]
Idaho Code § 41-2908 — Idaho Code / Title 41 / Chapter 29 / Section 41-2908
41-2908 ORGANIZATION OF RECIPROCAL INSURER.
Status: in_force

41-2908. Organization of reciprocal insurer. (1) Twenty-five (25) or more persons domiciled in this state, or employers in this state having aggregate payrolls of not less than one and one-half million dollars ($1,500,000) and proposing to transact worker's compensation insurance only, may organize a domestic reciprocal insurer and make application to the director for a certificate of authority to transact insurance. A subscriber that is a corporation, limited liability company or other legal entity recognized by the state of Idaho as a separate entity, shall be considered as one (1) subscriber, regardless of the number of its wholly owned subsidiaries.

(2) The proposed attorney shall fulfill the requirements of and shall execute and file with the director when applying for a certificate of authority, a declaration setting forth:

(a) The name of the insurer;

(b) The location of the insurer's principal office, which shall be the same as that of the attorney and shall be maintained within this state;

(c) The kinds of insurance proposed to be transacted;

(d) The names and addresses of the original subscribers;

(e) The designation and appointment of the proposed attorney and a copy of the power of attorney;

(f) The names and addresses of the officers and directors of the attorney, if a corporation, or its members, if a firm;

(g) The powers of the subscribers' advisory committee; and the names and terms of office of the members thereof;

(h) That all moneys paid to the reciprocal shall, after deducting therefrom any sum payable to the attorney, be held in the name of the insurer and for the purposes specified in the subscribers' agreement;

(i) A copy of the subscribers' agreement;

(j) A statement that each of the original subscribers has in good faith applied for insurance of a kind proposed to be transacted, and that the insurer has received from each such subscriber the full premium or premium deposit required for the policy applied for, for a term of not less than six (6) months at an adequate rate theretofore filed with and approved by the director;

(k) A statement of the financial condition of the insurer, a schedule of its assets, and a statement that the surplus as required in section 41-313 or 41-313A, Idaho Code, is on hand; and

(l) A copy of each policy, endorsement and application form it then proposes to issue or use.

Such declaration shall be acknowledged by the attorney in the manner required for the acknowledgment of deeds.

History:

[41-2908, added 1961, ch. 330, sec. 635, p. 645; am. 1995, ch. 96, sec. 6, p. 277; am. 2006, ch. 199, sec. 1, p. 615.]
Idaho Code § 41-5110 — Idaho Code / Title 41 / Chapter 51 / Section 41-5110
41-5110 EXAMINATION AUTHORITY.
Status: in_force

41-5110. Examination authority. (1) A reinsurance intermediary shall be subject to examination by the director. The director shall have access to all books, bank accounts and records of the reinsurance intermediary in a form usable to the director.

(2) A RM may be examined as if it were the reinsurer.

History:

[41-5110, added 1992, ch. 82, sec. 1, p. 255.]
Idaho Code § 41-4601 — Idaho Code / Title 41 / Chapter 46 / Section 41-4601
41-4601 PURPOSE.
Status: in_force

41-4601. Purpose. The purpose of this chapter is to promote the public interest, to promote the availability of long-term care insurance policies, to protect applicants for long-term care insurance, as defined, from unfair or deceptive sales or enrollment practices, to establish standards for long-term care insurance, to facilitate public understanding and comparison of long-term care insurance policies, and to facilitate flexibility and innovation in the development of long-term care insurance coverage.

History:

[41-4601, added 1999, ch. 98, sec. 2, p. 304.]
Idaho Code § 41-204 — Idaho Code / Title 41 / Chapter 2 / Section 41-204
41-204 DIRECTOR'S OATH AND BOND.
Status: in_force

41-204. Director's oath and bond. At the time of taking office the director shall take an oath of office, and give bond in favor of the state of Idaho in the time, form and manner prescribed in chapter 8, title 59, Idaho Code. The oath shall be filed with the secretary of state.

History:

[41-204, added 1961, ch. 330, sec. 21, p. 645; am. 1969, ch. 214, sec. 1, p. 625; am. 1971, ch. 136, sec. 28, p. 522.]
Idaho Code § 41-1843 — Idaho Code / Title 41 / Chapter 18 / Section 41-1843
41-1843 INSURANCE RATES AND CREDIT RATING.
Status: in_force

41-1843. Insurance rates and credit rating. (1) No insurer regulated pursuant to this title shall charge a higher premium than would otherwise be charged, or cancel, nonrenew or decline to issue a property or casualty policy or coverage based primarily upon an individual's credit rating or credit history.

(2) As used in this section, "based primarily" means that the weight given by the insurer to an individual's credit rating or credit history exceeds the weight given by the insurer to all other criteria considered in making the decision to charge a higher premium or to cancel, nonrenew or decline to issue an insurance policy.

(3) This section shall apply only to property or casualty insurance, as defined in chapter 5, title 41, Idaho Code, to be used primarily for personal, family or household purposes.

History:

[41-1843, added 2002, ch. 264, sec. 1, p. 786.]
Idaho Code § 41-3227 — Idaho Code / Title 41 / Chapter 32 / Section 41-3227
41-3227 EXAMINATION OF SOCIETIES — NO ADVERSE PUBLICATIONS.
Status: in_force

41-3227. Examination of societies — No adverse publications. (1) The director, or any person he may appoint, may examine any domestic, foreign or alien society transacting or applying for admission to transact business in this state in the same manner as authorized for examination of domestic, foreign or alien insurers. Requirements of notice and an opportunity to respond before findings are made public as provided in the laws regulating insurers shall also be applicable to the examination of societies.

(2) The expense of each examination and of each valuation, including compensation and actual expense of examiners, shall be paid by the society examined or whose certificates are valued, upon statements furnished by the director.

History:

[41-3227, added 1995, ch. 213, sec. 2, p. 737.]
Idaho Code § 41-6303 — Idaho Code / Title 41 / Chapter 63 / Section 41-6303
41-6303 RISK MANAGEMENT FRAMEWORK.
Status: in_force

41-6303. risk management framework. An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing and reporting on its material and relevant risks. This requirement may be satisfied if the insurance group of which the insurer is a member maintains a risk management framework applicable to the operations of the insurer.

History:

[41-6303, added 2017, ch. 75, sec. 1, p. 189.]
Idaho Code § 41-4025 — Idaho Code / Title 41 / Chapter 40 / Section 41-4025
41-4025 MAMMOGRAPHY COVERAGE.
Status: in_force

41-4025. Mammography coverage. (1) From and after July 1, 1992, all self-funded plans which provide coverage for the surgical procedure known as a mastectomy which are delivered, issued for delivery, continued or renewed in this state shall provide minimum mammography examination or equivalent examination coverage. Such coverage shall include at least the following benefits:

(a) One (1) baseline mammogram for any woman who is thirty-five (35) through thirty-nine (39) years of age.

(b) A mammogram every two (2) years for any woman who is forty (40) through forty-nine (49) years of age, or more frequently if recommended by the woman's physician.

(c) A mammogram every year for any woman who is fifty (50) years of age or older.

(d) A mammogram for any woman desiring a mammogram for medical cause.

Such coverage shall not exceed the cost of the examination.

(2) As used in this section, "mastectomy" means the removal of all or part of the breast for medically necessary reasons as determined by a licensed physician.

(3) Nothing in this section shall apply to specified accident, specified disease, hospital indemnity, medicare supplement, long-term care or other limited benefit health insurance policies.

History:

[41-4025, added 1992, ch. 132, sec. 5, p. 415; am. 1993, ch. 113, sec. 5, p. 290.]
Idaho Code § 41-4944 — Idaho Code / Title 41 / Chapter 49 / Section 41-4944
41-4944 INSURANCE.
Status: in_force

41-4944. Insurance. The coverage provided by the trust fund established pursuant to this chapter shall be deemed insurance for the purposes of any requirements of the Idaho department of environmental quality concerning the financial responsibility of owners or operators of petroleum storage tanks.

History:

[(41-4944) 41-4947, added 1990, ch. 119, sec. 1, p. 290; am. 1991, ch. 59, sec. 30, p. 137; am. 2001, ch. 103, sec. 78, p. 318; am. & redesig. 2003, ch. 96, sec. 48, p. 309.]
Idaho Code § 41-729 — Idaho Code / Title 41 / Chapter 7 / Section 41-729
41-729 TIME LIMIT FOR DISPOSAL OF REAL ESTATE.
Status: in_force

41-729. Time limit for disposal of real estate. (1) Except as provided in subsection (4) below, an insurer shall dispose of real estate within time limits as follows:

(a) If acquired under section 41-728(1)(a) (home office and branch office property), the insurer shall sell and dispose of the property within five (5) years after it ceased to be used or to be necessary for the purposes stated therein.

(b) If acquired under subdivisions (b) (in satisfaction of debts, etc.), (c) (in part payment on other real estate sold), (d) (by gift or devise), or (e) (merger or consolidation) of section 41-728(1), the insurer shall sell and dispose of the property within five (5) years after the insurer acquired title thereto.

(c) If acquired under section 41-728(1)(f) (for production of income), the insurer shall within five (5) years after the termination or expiration of the lease, sell and dispose of the property, or re-lease the property for an additional term under the same conditions provided in such section as for an original leasing.

(2) Any real estate otherwise subject to disposal under subdivisions (b) or (c) above, may be retained by the insurer for home office or branch office purposes for so long as so used, and subject to provisions otherwise applicable to such home office and branch office property.

(3) Any real property otherwise subject to disposal under subdivisions (a) and (b) above, may be retained by the insurer for leasing under section 41-728(1)(f) for so long as so used, and subject to provisions otherwise applicable to such real estate for leasing.

(4) Upon proof satisfactory to him that the interests of the insurer will suffer materially by the forced sale thereof, the commissioner may by certificate grant a reasonable additional period, as specified in the certificate, within which the insurer shall dispose of any particular parcel of real estate.

(5) Real estate held by an insurer beyond the period allowed for its disposal under this section shall not constitute an asset of the insurer in any determination of the insurer's financial condition.

History:

[41-729, added 1961, ch. 330, sec. 166, p. 645.]
Idaho Code § 41-1081 — Idaho Code / Title 41 / Chapter 10 / Section 41-1081
41-1081 REQUIREMENTS FOR SALE OF PORTABLE ELECTRONICS INSURANCE — FINDINGS — PURPOSE.
Status: in_force

41-1081. REQUIREMENTS FOR SALE OF PORTABLE ELECTRONICS INSURANCE — FINDINGS — PURPOSE. (1) Sections 41-1081 through 41-1089, Idaho Code, set forth requirements for the sale of portable electronics insurance in this state.

(2) The legislature finds that portable electronics insurers and insurance producers who sell, solicit or negotiate the offer or sale of such insurance in this state shall be supervised and regulated by the department of insurance in a uniform and consistent manner.

History:

[41-1081, added 2012, ch. 226, sec. 3, p. 620.]
Idaho Code § 41-2106 — Idaho Code / Title 41 / Chapter 21 / Section 41-2106
41-2106 TIME LIMIT ON CERTAIN DEFENSES.
Status: in_force

41-2106. Time limit on certain defenses. (1) There shall be a provision as follows:

"Time Limit on Certain Defenses:

(a) After two (2) years from the date of issue of this policy, no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability, as defined in the policy, commencing after the expiration of such two (2) year period.

(b) No claim for loss incurred or disability, as defined in the policy, commencing after two (2) years from the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or specific description effective on the date of loss had existed prior to the effective date of coverage of this policy."

(2) The policy provision of (1)(a) above shall not be so construed as to affect any legal requirement for avoidance of a policy or denial of a claim during such initial two (2) year period, nor to limit the application of sections 41-2118 through 41-2122, Idaho Code, in the event of misstatement with respect to age or occupation or other insurance.

(3) Notwithstanding the provisions of section 41-2106(2), Idaho Code, if an insurer elects to use a simplified application form, with or without a question as to the applicant's health at the time of application, but without any questions concerning the insured's health history or medical treatment history, the policy must cover any loss occurring after twelve (12) months from any preexisting condition not specifically excluded from coverage by terms of the policy, and, except as so provided, the policy or contract shall not include wording that would permit a defense based upon preexisting conditions.

(4) A policy which the insured has the right to continue in force subject to its terms by the timely payment of premium (a) until at least age fifty (50) or, (b) in the case of a policy issued after age forty-four (44), for at least five (5) years from its date of issue, may contain in lieu of the foregoing, the following provision, from which the clause in parentheses may be omitted at the insurer's option, under the caption, "Incontestable":

"After this policy has been in force for a period of two (2) years during the lifetime of the insured (excluding any period during which the insured is disabled), it shall become incontestable as to any statements, other than fraudulent statements, contained in the application."

History:

[41-2106, added 1961, ch. 330, sec. 495, p. 645; am. 1976, ch. 135, sec. 1, p. 507.]
Idaho Code § 41-2020 — Idaho Code / Title 41 / Chapter 20 / Section 41-2020
41-2020 DEATH PENDING CONVERSION.
Status: in_force

41-2020. Death pending conversion. The group life insurance policy shall contain a provision that if a person insured under the policy dies during the period within which he would have been entitled to have an individual policy issued to him in accordance with sections 41-2018 and 41-2019 and before such an individual policy shall have become effective, the amount of life insurance which he would have been entitled to have issued to him under such individual policy shall be payable as a claim under the group policy, whether or not application for the individual policy or the payment of the first premium therefor has been made.

History:

[41-2020, added 1961, ch. 330, sec. 485, p. 645.]
Idaho Code § 41-1958 — Idaho Code / Title 41 / Chapter 19 / Section 41-1958
41-1958 DISCLOSURE TO OWNER BY BROKER UPON SETTLEMENT CONTRACT.
Status: in_force

41-1958. Disclosure to Owner By Broker Upon Settlement Contract. A life settlement broker shall provide the owner with at least the following disclosures prior to the time the owner signs the life settlement contract. The disclosures shall be conspicuously displayed in the life settlement contract or in a separate document signed by the owner and provide the following information:

(1) The name, business address and telephone number of the life settlement broker;

(2) A full, complete and accurate description of all offers, counteroffers, acceptances and rejections relating to the proposed life settlement contract;

(3) A written disclosure of any affiliations or contractual arrangements between the life settlement broker and any person making an offer in connection with the proposed life settlement contracts;

(4) The amount and method of calculating the broker's compensation, which term "compensation" includes anything of value to be paid or given to a life settlement broker for the placement of a policy; and

(5) Where any portion of the life settlement broker's compensation is taken from a proposed life settlement offer, the total amount of the life settlement offer and the percentage of the life settlement offer comprised by the life settlement broker's compensation.

History:

[41-1958, added 2009, ch. 69, sec. 1, p. 199.]
Idaho Code § 41-5811 — Idaho Code / Title 41 / Chapter 58 / Section 41-5811
41-5811 LICENSE DENIAL, NONRENEWAL OR REVOCATION.
Status: in_force

41-5811. License denial, nonrenewal or revocation. (1) The department may place on probation, suspend, revoke or refuse to issue or renew a public adjuster's license or may levy a civil penalty in accordance with section 41-1016, Idaho Code, or any combination of actions, for any one (1) or more of the following causes:

(a) Providing incorrect, misleading, incomplete or materially untrue information in the license application;

(b) Violating any insurance laws, or violating any rule, regulation, subpoena or order of the department or of another state's insurance department;

(c) Obtaining or attempting to obtain a license through misrepresentation or fraud;

(d) Improperly withholding, misappropriating or converting any moneys or properties received in the course of doing insurance business;

(e) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance;

(f) Having been convicted of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, or that evidences dishonesty, a lack of integrity and financial responsibility, or an unfitness and inability to provide acceptable service to the consuming public;

(g) Having admitted to or been found to have committed any insurance unfair trade practice or insurance fraud;

(h) Using fraudulent, coercive or dishonest practices; or demonstrating incompetence, untrustworthiness or financial irresponsibility in the conduct of business in this state or elsewhere;

(i) Having an insurance license, or its equivalent, denied, suspended or revoked in any other state, province, district or territory;

(j) Forging another's name to an application for insurance or to any document related to an insurance transaction;

(k) Cheating, including improperly using notes or any other reference material, to complete an examination for an insurance license;

(l) Knowingly accepting insurance business from an individual who is not licensed but who is required to be licensed by the department;

(m) Failing to comply with an administrative or court order imposing a child support obligation, provided however, that nothing in this provision shall be deemed to abrogate or modify chapter 14, title 7, Idaho Code; or

(n) Failing to pay state income tax or comply with any administrative or court order directing payment of state income tax.

(2) The license of a business entity may be suspended, revoked or refused if the department finds, after hearing, that an individual licensee's violation was known or should have been known by one (1) or more of the partners, officers or managers acting on behalf of the business entity and the violation was neither reported to the department nor corrective action taken.

(3) In addition to or in lieu of any applicable denial, suspension or revocation of a license, a person may, after hearing, be subject to a civil fine or administrative penalty according to section 41-1016, Idaho Code.

(4) The department shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this chapter and title 41, Idaho Code, against any person who is under investigation for or charged with a violation of this chapter or title 41, Idaho Code, even if the person's license or registration has been surrendered or has lapsed by operation of law.

History:

[41-5811, added 2008, ch. 179, sec. 1, p. 536; am. 2020, ch. 175, sec. 10, p. 514.]
Idaho Code § 41-3919 — Idaho Code / Title 41 / Chapter 39 / Section 41-3919
41-3919 OPEN ENROLLMENT.
Status: in_force

41-3919. Open enrollment. (1) Requirement of an open enrollment period is intended to provide the benefits of managed care to the general public or to all members of the class of persons the managed care organization serves. Such requirement is not intended to prohibit a managed care organization from establishing administrative procedures that protect the quality of service to its members or the financial condition of the organization. However, during periods of open enrollment the organization shall not establish any administrative procedure that arbitrarily and unreasonably restricts enrollment.

(2) After the initial twenty-four (24) months of operation every managed care organization shall have an annual open enrollment period of at least one (1) month during which it accepts members, without restrictions up to the limits of its capacity except as provided in subsection (3) of this section, as determined by the managed care organization, in the order in which they apply for enrollment. Managed care organizations organized to provide services exclusively to a specified group or groups of individuals may limit such open enrollment to all members of such group(s).

(3) A managed care organization may apply to the director for authorization to impose underwriting restrictions upon enrollment. The director shall, within thirty (30) days, approve the application if he determines that such restrictions will:

(a) Preserve the financial stability of the managed care organization; or

(b) Prevent excessive adverse selection of prospective members; or

(c) Avoid unreasonably high or unmarketable charges for member coverage for health care services.

If the application cannot be approved the director must deny it within the thirty (30) day period.

History:

[41-3919, added 1974, ch. 177, sec. 19, p. 1444; am. 1997, ch. 204, sec. 21, p. 594.]
Idaho Code § 41-4114 — Idaho Code / Title 41 / Chapter 41 / Section 41-4114
41-4114 BOARD OF TRUSTEES — ADMINISTRATORS.
Status: in_force

41-4114. Board of trustees — Administrators. (1) The trust shall be governed and managed by a board of trustees. This board shall consist of members elected by the governing boards of the member public agencies. The composition and membership of the board shall be established in the joint powers agreement between the members. The process and procedure for conducting the election and determining the members shall be set forth in the joint powers agreement establishing the plan, except that the election must be conducted, completed and results certified by December 31 of each year in which an election for members is conducted. Boards of joint public agency self-funded plans existing as of July 1, 2006, shall be deemed to be in compliance with the establishment requirements of this chapter but shall conduct future elections in accordance with the requirements of this chapter.

(2) An individual, firm or corporation may be an administrator of a plan.

(3) The board shall cause all individuals handling receipts and disbursements for the trust fund to be covered under a dishonesty insurance policy or surety bond in an amount not less than ten percent (10%) of the annual contributions to the plan or as the director may deem reasonably advisable, issued by an insurer authorized to transact such insurance in this state. This policy shall only be canceled upon giving no less than thirty (30) days' notice to the board and to the director. The cost of the insurance shall be borne by the trust fund. The amount of any policy or bond required under this section shall be not less than twenty-five thousand dollars ($25,000) or more than five hundred thousand dollars ($500,000).

History:

[41-4114, added 2006, ch. 415, sec. 1, p. 1277.]
Idaho Code § 41-2915 — Idaho Code / Title 41 / Chapter 29 / Section 41-2915
41-2915 SERVICE OF PROCESS — JUDGMENT.
Status: in_force

41-2915. Service of process — Judgment. (1) Legal process shall be served upon a domestic reciprocal insurer by serving the insurer's attorney at his principal offices or by serving the director as the insurer's process agent under sections 41-333 and 41-334.

(2) Any judgment based upon legal process so served shall be binding upon each of the insurer's subscribers as their respective interests may appear, but in an amount not exceeding their respective contingent liabilities, if any, the same as though personal service of process was had upon each such subscriber. When all participants in a reciprocal insurer are political subdivisions of the state of Idaho, no contingent liability shall attach to individual subscribers by virtue of such participation.

History:

[41-2915, added 1961, ch. 330, sec. 642, p. 645; am. 1996, ch. 245, sec. 6, p. 778.]
Idaho Code § 41-3116 — Idaho Code / Title 41 / Chapter 31 / Section 41-3116
41-3116 RECORDS — ANNUAL STATEMENT.
Status: in_force

41-3116. Records — Annual statement. (1) The insurer shall keep at its head office records and accounts of its transactions, claims, and affairs in such form and with such completeness as may be reasonably necessary for the identification and examination thereof.

(2) Annually on or before March 1 the insurer shall file with the director a full and true statement of its financial condition, transactions and affairs as of the December 31 preceding. The statement shall be in such general form as is required or accepted by the director.

History:

[41-3116, added 1961, ch. 330, sec. 674, p. 645.]
Idaho Code § 41-810 — Idaho Code / Title 41 / Chapter 8 / Section 41-810
41-810 LEVY UPON DEPOSIT.
Status: in_force

41-810. Levy upon deposit. (1) No judgment creditor or other claimant of an insurer shall have the right to levy upon any of the assets or securities of the insurer held on deposit in this state pursuant to section 41-316 or 41-316A, Idaho Code.

(2) As to deposits made in this state pursuant to the retaliatory provision, section 41-340, Idaho Code, levy thereupon shall be permitted only if expressly so provided in the director's order under which the deposit is required.

(3) As to the special deposit of a title insurer, if upon expiration of thirty (30) days after the judgment became final the insurer has failed to satisfy in full any final judgment rendered against it by a court of this state and arising out of any contract of insurance or guaranty issued by it, the judgment may be enforced against the insurer's deposit. For the purposes of this provision a judgment shall be deemed to have become final upon expiration of the period permitted by law for an appeal, or, if an appeal is taken, upon dismissal of the appeal or affirmance of the judgment.

(4) To obtain the enforcement referred to in subsection (3) of this section, the judgment creditor shall petition the court in the same cause in which the judgment was obtained, setting forth the facts referred to in subsection (3) of this section, and the court shall direct issuance of a special execution directed to the sheriff of Ada county of this state requiring the sheriff to sell the assets and securities of the insurer on deposit or so much thereof as may be necessary to satisfy the judgment. The court's order authorizing the special execution shall direct that a copy of the judgment, petition, and writ of execution shall be served upon the director within five (5) days thereafter. Upon receipt of such service the director shall forthwith notify the insurer of the levy and require the insurer within such period as may be specified in the notice, which period shall be not less than ten (10) nor more than thirty (30) days after the date of the notice, to have its president or other duly authorized representative to attend with the insurer's key and the director to the opening of the box in which the insurer's deposit is kept. Upon the box being so opened the director shall extract therefrom and deliver to the sheriff for sale on execution deposited assets or securities of the insurer in amount, up to the full amount so on deposit, not less than as required for the satisfaction of the judgment. All proceedings for the enforcement of the writ of execution against the deposit shall conform as nearly as may be to the practice in ordinary cases except as in this subsection specially provided.

(5) If the insurer, after notice by the director as required under subsection (4) of this section, willfully fails to attend to the opening of the box in which its deposit is kept, or willfully fails to permit the director to extract therefrom assets or securities as in subsection (4) of this section provided, the director shall after hearing held thereon forthwith revoke the insurer's certificate of authority and institute proceedings for the rehabilitation or liquidation of the insurer under chapter 33 of this code. In any such proceedings the judgment with respect to which execution was issued and leading to the insurer's failure as herein referred to, shall have a first and prior right and claim as to the assets and securities of the insurer constituting its deposit as levied against, as of the date of service upon the director of the copy of the judgment, petition, and writ of execution as provided for in subsection (4) of this section.

History:

[41-810, added 1961, ch. 330, sec. 179, p. 645; am. 1994, ch. 240, sec. 10, p. 757; am. 2004, ch. 90, sec. 7, p. 330.]
Idaho Code § 41-1848 — Idaho Code / Title 41 / Chapter 18 / Section 41-1848
41-1848 LEGISLATIVE FINDINGS AND PURPOSE — COVERAGE FOR ABORTIONS IN STATE EXCHANGE PROHIBITED.
Status: in_force

41-1848. legislative findings and purpose — coverage for abortions in state exchange prohibited. (1) The legislature finds that:

(a) Pursuant to section 1303 of the patient protection and affordable care act, P.L. 111-148, states are explicitly permitted to pass laws prohibiting qualified health plans offered through an exchange in their state from offering abortion coverage;

(b) It is the longstanding policy of this state to prefer live childbirth over abortion and to prohibit the use of taxpayer moneys to fund abortions unless the mother's life is at risk or the pregnancy is a result of rape or incest;

(c) Idaho law prohibits certain insurance plans, policies and contracts issued in this state from offering coverage for elective abortions; and

(d) It is the purpose of this section to affirmatively prohibit qualified health plans that cover abortions from participating in exchanges within this state.

(2) Notwithstanding any other provision of law, no abortion coverage may be provided by a qualified health plan offered through an exchange created pursuant to the patient protection and affordable care act, P.L. 111-148, within the state of Idaho.

(3) The provisions of subsection (2) of this section shall not apply to an abortion performed if it is the recommendation of one (1) consulting physician that an abortion is necessary to save the life of the mother, or if the pregnancy is a result of rape, as defined in section 18-6101, Idaho Code, or incest as determined by the courts.

History:

[41-1848, added 2011, ch. 152, sec. 1, p. 436.]
Idaho Code § 41-101 — Idaho Code / Title 41 / Chapter 1 / Section 41-101
41-101 SHORT TITLE.
Status: in_force

41-101. Short title. This act constitutes the Idaho insurance code.

History:

[41-101, added 1961, ch. 330, sec. 1, p. 645.]
Idaho Code § 41-5411 — Idaho Code / Title 41 / Chapter 54 / Section 41-5411
41-5411 IMMUNITY.
Status: in_force

41-5411. Immunity. There shall be no liability on the part of, and no cause of action shall arise against, the director or the insurance department or its employees or agents for any action taken by them in the performance of their powers and duties under this chapter.

History:

[41-5411, added 1996, ch. 96, sec. 1, p. 293.]
Idaho Code § 41-5105 — Idaho Code / Title 41 / Chapter 51 / Section 41-5105
41-5105 BOOKS AND RECORDS — REINSURANCE INTERMEDIARY BROKERS.
Status: in_force

41-5105. Books and records — Reinsurance intermediary brokers. (1) For at least ten (10) years after expiration of each contract of reinsurance transacted by the RB, the RB will keep a complete record for each transaction showing:

(a) The type of contract, limits, underwriting restrictions, classes or risks and territory;

(b) Period of coverage, including effective and expiration dates, cancellation provisions and notice required of cancellation;

(c) Reporting and settlement requirements of balances;

(d) Rate used to compute the reinsurance premium;

(e) Names and addresses of assuming reinsurers;

(f) Rates of all reinsurance commissions, including the commissions on any retrocessions handled by the RB;

(g) Related correspondence and memoranda;

(h) Proof of placement;

(i) Details regarding retrocessions handled by the RB including the identity of retrocessionaires and percentage of each contract assumed or ceded;

(j) Financial records including, but not limited to, premium and loss accounts; and

(k) When the RB procures a reinsurance contract on behalf of a licensed ceding insurer:

(i) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or

(ii) If placed through a representative of the assuming reinsurer, other than an employee, written evidence that such reinsurer has delegated binding authority to the representative.

(2) The insurer will have access and the right to copy and audit all accounts and records maintained by the RB related to its business in a form usable by the insurer.

History:

[41-5105, added 1992, ch. 82, sec. 1, p. 252.]
Idaho Code § 41-2210A — Idaho Code / Title 41 / Chapter 22 / Section 41-2210A
41-2210A LIMITATION OF BENEFITS FOR ELECTIVE ABORTIONS.
Status: in_force

41-2210A. Limitation of benefits for elective abortions. All policies, contracts, plans or certificates of group or blanket disability insurance delivered, issued for delivery or renewed in this state after the effective date of this section shall exclude coverage for elective abortions. Such exclusion may be waived by endorsement and the payment of a premium therefor. Availability of such coverage shall be at the option of the insurance carrier. For purposes of this section, an "elective abortion" means an abortion for any reason other than to preserve the life of the female upon whom the abortion is performed.

History:

[41-2210A, added 1983, ch. 94, sec. 2, p. 207.]
Idaho Code § 41-516 — Idaho Code / Title 41 / Chapter 5 / Section 41-516
41-516 INDIVIDUAL OR GROUP ACCIDENT AND SICKNESS INSURANCE DEFINED.
Status: in_force

41-516. Individual or group accident and sickness insurance defined. "Individual or group accident and sickness insurance" means any policy insuring against loss resulting from sickness or from bodily injury or death by accident, or both. "Individual or group accident and sickness insurance" shall also include comprehensive major medical coverage for medical and surgical benefits and high deductible health plans sold or maintained under the applicable provisions of section 223 of the Internal Revenue Code.

History:

[41-516, added 2018, ch. 166, sec. 3, p. 341.]
Idaho Code § 41-2014 — Idaho Code / Title 41 / Chapter 20 / Section 41-2014
41-2014 INSURABILITY.
Status: in_force

41-2014. Insurability. The group life insurance policy shall contain a provision setting forth the conditions, if any, under which the insurer reserves the right to require a person eligible for insurance to furnish evidence of individual insurability satisfactory to the insurer as a condition to part or all of his coverage.

History:

[41-2014, added 1961, ch. 330, sec. 479, p. 645.]
Idaho Code § 41-3224 — Idaho Code / Title 41 / Chapter 32 / Section 41-3224
41-3224 VALUATION.
Status: in_force

41-3224. Valuation. (1) Standards of valuation for certificates issued prior to one (1) year after the effective date of this act shall be those provided by the laws applicable immediately prior to the effective date of this act.

(2) The minimum standards of valuation for certificates issued on or after one (1) year from the effective date of this act shall be based on the following tables:

(a) For certificates of life insurance — the commissioner's 1941 standard ordinary mortality table, the commissioner's 1941 standard industrial mortality table, the commissioner's 1958 standard ordinary mortality table, the commissioner's 1980 standard ordinary mortality table or any more recent table made applicable to life insurers;

(b) For annuity and pure endowment certificates, for total and permanent disability benefits, for accidental death benefits and for noncancellable accident and health benefits — such tables as are authorized for use by life insurers in this state.

All of the above shall be under valuation methods and standards (including interest assumptions) in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits.

(3) The director may, in his discretion, accept other standards for valuation if the director finds that the reserves produced thereby will not be less in the aggregate than reserves computed in accordance with the minimum valuation standard herein prescribed. The director may, in his or her discretion, vary the standards of mortality applicable to all benefit contracts on substandard lives or other extra hazardous lives by any society authorized to do business in this state.

(4) Any society, with the consent of the director of insurance of the state of domicile of the society and under such conditions, if any, which the director may impose, may establish and maintain reserves on its certificates in excess of the reserves required thereunder, but the contractual rights of any benefit member shall not be affected thereby.

History:

[41-3224, added 1995, ch. 213, sec. 2, p. 735.]
Idaho Code § 41-111 — Idaho Code / Title 41 / Chapter 1 / Section 41-111
41-111 “CERTIFICATE OF AUTHORITY,” “LICENSE” DEFINED.
Status: in_force

41-111. "Certificate of authority," "license" defined. (1) A "certificate of authority" is one issued by the director evidencing the authority of an insurer to transact insurance in this state.

(2) A "license" is authority granted by the director pursuant to this code authorizing the licensee to engage in a business or operation of insurance in this state other than as an insurer, and the certificate by which such authority is evidenced.

History:

[41-111, added 1961, ch. 330, sec. 11, p. 645.]
Idaho Code § 41-3233 — Idaho Code / Title 41 / Chapter 32 / Section 41-3233
41-3233 UNFAIR METHODS OF COMPETITION AND UNFAIR AND DECEPTIVE ACTS AND PRACTICES.
Status: in_force

41-3233. Unfair methods of competition and unfair and deceptive acts and practices. Every society authorized to do business in this state shall be subject to the provisions of chapter 13, title 41, Idaho Code, relating to trade practices and frauds; provided however, that nothing therein shall be construed as applying to or affecting the right of any society to determine its eligibility requirements for membership, or be construed as applying to or affecting the offering of benefits exclusively to members or persons eligible for membership in the society by a subsidiary corporation or affiliated organization of the society.

History:

[41-3233, added 1995, ch. 213, sec. 2, p. 739.]
Idaho Code § 41-3344 — Idaho Code / Title 41 / Chapter 33 / Section 41-3344
41-3344 DISTRIBUTION OF ASSETS.
Status: in_force

41-3344. Distribution of assets. Under the direction of the court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including third party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court.

History:

[41-3344, added 1981, ch. 249, sec. 2, p. 534.]
Idaho Code § 41-3927 — Idaho Code / Title 41 / Chapter 39 / Section 41-3927
41-3927 HEALTH CARE PROVIDERS — PARTICIPATION BY ANY QUALIFIED, WILLING PROVIDER — CONTRACTS — GRIEVANCE PROCEDURE.
Status: in_force

41-3927. Health care providers — Participation by any qualified, willing provider — Contracts — Grievance procedure. (1) Any managed care organization issuing benefits pursuant to the provisions of this chapter shall be ready and willing at all times to enter into care provider service agreements with all qualified providers of the category or categories which are necessary to provide the health care services covered by an organization if the health care providers: are qualified under the laws of the state of Idaho, desire to become participant providers of the organization, meet the requirements of the organization, and practice within the general area served by the organization.

(2) Nothing in this section shall preclude an organization from refusing to contract with a provider who is unqualified or who does not meet the terms and conditions of the organization's participating provider contract or from terminating or refusing to renew the contract of a health care provider who is unqualified or who does not comply with, or who refuses to comply with, the terms and conditions of the participating provider contract including, but not limited to, practice standards and quality requirements. The contract shall provide for written notice to the participating health care provider setting forth any breach of contract for which the organization proposes that the contract be terminated or not renewed and shall provide for a reasonable period of time for the participating health care provider to cure such breach prior to termination or nonrenewal. If the breach has not been cured within such period of time the contract may be terminated or not renewed. Provided however, that if the breach of contract for which the organization proposes that the contract be terminated or not renewed is a willful breach, fraud or a breach which poses an immediate danger to the public health or safety, the contract may be terminated or not renewed immediately.

(3) Every managed care organization issuing benefits pursuant to this chapter shall establish a grievance system for providers. Such grievance system shall provide for arbitration according to chapter 9, title 7, Idaho Code, or for such other system which provides reasonable due process provisions for the resolution of grievances and the protection of the rights of the parties.

(4) No managed care organization may require as an element of any provider contract that any person agree:

(a) To deny a member access to services not covered by the managed care plan if the member is informed that he will be responsible to pay for the noncovered services and the member nonetheless desires to obtain such services;

(b) To refrain from treating a member even at that member's request and expense if the provider had been, but is no longer, a contracting provider under the managed care plan and the provider has notified the member that the provider is no longer a contracting provider under the managed care plan;

(c) To the unnegotiated adjustment by the managed care organization of the provider's contractual reimbursement rate to equal the lowest reimbursement rate the provider has agreed to charge any other payor;

(d) To a requirement that the provider adjust, or enter into negotiations to adjust, his or her charges to the managed care organization if the provider agrees to charge another payor lower rates; or

(e) To a requirement that the provider disclose his or her contractual reimbursement rates from other payors.

(5) A managed care organization shall not refuse to contract with or compensate for covered services an otherwise eligible provider or nonparticipating provider solely because the provider has in good faith communicated with one (1) or more current, former, or prospective patient regarding the provisions, terms or requirements of the organization's products as they relate to the needs of the provider's patients.

(6) As part of a provider contract, a managed care organization may require a provider to indemnify and hold harmless the managed care organization under certain circumstances so long as the managed care organization also agrees to indemnify and hold harmless the provider under comparable circumstances.

(7) On request and within a reasonable time, a managed care organization shall make available to any party to a provider contract any documents referred to or adopted by reference in the contract except for information which is proprietary or a trade secret or confidential personnel records.

(8) A managed care organization shall permit a contracting provider who is practicing in conformity with community standards to advocate for his patient without being subject to termination or penalty for the sole reason of such advocacy.

(9) Subsections (1) and (2) of this section shall apply to provider participation contracts entered into after July 1, 1994.

History:

[(41-3927), added 1994, ch. 275, sec. 3, p. 855; am. and redesig. 1997, ch. 204, sec. 30, p. 600; am. 1998, ch. 422, sec. 1, p. 1332.]
Idaho Code § 41-4911A — Idaho Code / Title 41 / Chapter 49 / Section 41-4911A
41-4911A PROVISIONS OF CONTRACTS OF INSURANCE — RENEWAL.
Status: in_force

41-4911A. Provisions of contracts of insurance — Renewal. (1) The contracts of insurance issued by the administrator shall meet the requirements of this chapter. To the extent consistent with this chapter, the contracts of insurance shall also satisfy the provisions of any requirement imposed by federal or state law or regulation on any category of petroleum storage tank owners or operators to demonstrate financial responsibility for corrective action and compensation to third parties for bodily injury and property damage arising from accidental releases from petroleum storage tanks.

(2) Upon receipt of an annual application fee not exceeding twenty-five dollars ($25.00) for each aboveground tank, underground tank, farm tank or residential tank, or not to exceed five dollars ($5.00) for each heating tank covered by a contract of insurance, and upon receipt of evidence that the petroleum storage tanks continue to meet the eligibility provisions of this chapter and the underwriting requirements established by the administrator, the administrator shall issue an annual renewal of the contract of insurance to the owner or operator of said petroleum storage tanks.

History:

[(41-4911A) 41-4910A, added 1991, ch. 59, sec. 8, p. 126; am. & redesig. 2003, ch. 96, sec. 12, p. 295.]
Idaho Code § 41-2922 — Idaho Code / Title 41 / Chapter 29 / Section 41-2922
41-2922 SUBSCRIBERS' LIABILITY ON JUDGMENT.
Status: in_force

41-2922. Subscribers' liability on judgment. (1) No action shall lie against any subscriber upon any obligation claimed against the insurer until a final judgment has been obtained against the insurer and remains unsatisfied for thirty (30) days.

(2) Any such judgment shall be binding upon each subscriber only in such proportion as his interests may appear and in amount not exceeding his contingent liability, if any.

History:

[41-2922, added 1961, ch. 330, sec. 649, p. 645.]
Idaho Code § 41-3620 — Idaho Code / Title 41 / Chapter 36 / Section 41-3620
41-3620 TERMINATION OF OPERATION OF ASSOCIATION AS TO INSURANCE COVERED BY OTHER PLAN — DISSOLUTION OF ASSOCIATION AND DISTRIBUTION OF ASSETS — EXPIRATION OF ACT.
Status: in_force

41-3620. Termination of operation of association as to insurance covered by other plan — Dissolution of association and distribution of assets — Expiration of act. (1) The director shall by order terminate the operation of the Idaho insurance guaranty association as to any kind of insurance covered by this act with respect to which he has found, after hearing, that there is in effect a statutory or voluntary plan which:

(a) Is a permanent plan which is adequately funded or for which adequate funding is provided.

(b) Extends, or will extend to the Idaho policyholders and residents protection and benefits with respect to insolvent insurers not substantially less favorable and effective to such policyholders and residents than the protection and benefits provided with respect to such kinds of insurance under this act.

(2) The director shall by the same such order authorize discontinuance of future payments by insurers to the Idaho insurance guaranty association with respect to the same kinds of insurance; provided, the assessments and payments shall continue, as necessary, to liquidate covered claims of insurers adjudged insolvent prior to said order and the related expenses not covered by such other plan.

(3) In the event the operation of the Idaho insurance guaranty association shall be so terminated as to all kinds of insurance otherwise within its scope, the association as soon as possible thereafter shall distribute the balance of moneys and assets remaining (after discharge of the functions of the association with respect to prior insurer insolvencies not covered by such other plan, together with related expenses) to the insurers which are then writing in this state policies of the kinds of insurance covered by this act and which had made payments to the association, pro rata upon the basis of the aggregate of such payments made by the respective insurers during the period of five (5) years next preceding the date of such order. Upon completion of such distribution with respect to all of the kinds of insurance covered by this act, this act shall be deemed to have expired.

History:

[41-3620, added 1970, ch. 152, sec. 20, p. 462.]
Idaho Code § 41-217 — Idaho Code / Title 41 / Chapter 2 / Section 41-217
41-217 PUBLICATIONS AUTHORIZED.
Status: in_force

41-217. Publications authorized. The director shall publish, by printing or other suitable form of reproduction:

(1) Pamphlet or booklet copies of the insurance laws of this state;

(2) The director's annual report;

(3) Such copies of results of investigations or examinations of insurers for public distribution as he deems to be in the public interest;

(4) Such compilations as he deems advisable from time to time of the general orders of the director then in force; and

(5) Such other material as he may compile and deem relevant and suitable for the more effective administration of this code.

History:

[41-217, added 1961, ch. 330, sec. 34, p. 645.]
Idaho Code § 41-1309 — Idaho Code / Title 41 / Chapter 13 / Section 41-1309
41-1309 BOYCOTT, COERCION AND INTIMIDATION.
Status: in_force

41-1309. Boycott, coercion and intimidation. No person or persons shall enter into any agreement to commit, or by any concerted action commit, any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance.

History:

[41-1309, added 1961, ch. 330, sec. 287, p. 645.]
Idaho Code § 41-6201 — Idaho Code / Title 41 / Chapter 62 / Section 41-6201
41-6201 SHORT TITLE.
Status: in_force

41-6201. SHORT TITLE. The provisions of this chapter shall be known and may be cited as the "Idaho Motor Vehicle Service Contract Act."

History:

[41-6201, added 2018, ch. 116, sec. 2, p. 241.]
Idaho Code § 41-4109 — Idaho Code / Title 41 / Chapter 41 / Section 41-4109
41-4109 INVESTMENT OF TRUST FUND.
Status: in_force

41-4109. Investment of trust fund. (1) The board may invest reserves and other funds available for the purpose in the trust fund of a joint public agency self-funded plan in the following kinds of investments only:

(a) General obligations of the United States government, or of any state, district, commonwealth or territory of the United States, or of any municipality, county, or other political subdivision or agency thereof.

(b) Obligations, the payment of principal and interest of which is guaranteed by any such government or agency.

(c) Corporate bonds and similar obligations meeting the requirements specified for investment of funds of insurers under section 41-711, Idaho Code.

(d) Collateral loans, payment of principal and interest of which is adequately secured by securities in which the trust fund could lawfully invest directly.

(e) Deposits, savings accounts, and share accounts in established banks and savings and loan associations located in the United States.

(2) In addition to investments excluded under subsection (1) of this section, the board is expressly prohibited from investing trust fund moneys in:

(a) Any loan to or security of any employer participating in the plan, or to or of any officer, director, subsidiary or affiliate of any such employer.

(b) The security of any person in which a member of the board, administrator, or any consultant of the plan has a direct or indirect material pecuniary interest.

(c) Real estate or loans thereon.

(d) Any personal loan, other than a collateral loan referred to in subsection (1)(d) of this section, but subject to paragraphs (a) and (b) of this subsection (2).

(3) All such investments shall be made and held in the name of the trust fund, and the interest and yield thereon shall inure to the account of the trust fund.

(4) No investment shall be made unless authorized in writing by the board and so shown in the records of the trust fund.

(5) Any person who authorizes any investment of trust fund moneys in violation of this section shall, in addition to other penalty therefor, be liable for all loss suffered by the trust fund on account of the investment.

(6) No investment made in violation of this section shall constitute an "asset" in any determination of the financial condition of the trust fund.

History:

[41-4109, added 2006, ch. 415, sec. 1, p. 1275.]
Idaho Code § 41-6001 — Idaho Code / Title 41 / Chapter 60 / Section 41-6001
41-6001 LEGISLATIVE INTENT.
Status: in_force

41-6001. legislative intent. [EFFECTIVE UNTIL JULY 1, 2029] The intent of the legislature is to provide a supplemental funding mechanism for the Idaho immunization program administered by the Idaho department of health and welfare, by creating a dedicated vaccine fund and an independent board, which board is empowered to assess fees from all carriers. The chapter's goal is to ensure access to childhood vaccinations in Idaho, by decreasing costs and enabling the maintenance of a single distribution of vaccines available to health care providers in Idaho who administer the vaccines to program eligible children.

History:

[41-6001, added 2010, ch. 32, sec. 1, p. 60.]
Idaho Code § 41-1337 — Idaho Code / Title 41 / Chapter 13 / Section 41-1337
41-1337 LIFE INSURANCE — PAYMENT OF INTEREST ON BENEFITS.
Status: in_force

41-1337. Life insurance — Payment of interest on benefits. (1) An insurer shall pay the proceeds of any benefits under a policy of life insurance not more than thirty (30) days after the insurer has received satisfactory proof of death of the insured. Except as provided in subsection (2) of this section, if the proceeds are not paid within the thirty (30) day period, the insurer shall also pay interest on the proceeds from the date of death of the insured to the date when the proceeds are paid.

(2) If satisfactory proof of death is received more than one hundred eighty (180) days after the death of the insured and the death benefits are not paid within thirty (30) days after satisfactory proof of death has been received by the insurer, interest shall accrue from the date on which satisfactory proof was received by the insurer to the date when proceeds are paid.

(3) The rate of interest to be paid by the insurer under subsections (1) and (2) of this section shall be the current rate of interest on death proceeds on deposit with the insurer; provided however, that if the insurer holds its deposits in a noninterest-bearing account or in an account bearing less than two percent (2%) interest per annum, the rate of interest to be paid shall be the one (1) month United States government securities treasury constant maturity rate as disclosed in the federal reserve statistical release publication H.15, selected interest rates, as of the first of the month preceding the date of death, plus two (2) percentage points.

(4) A payment of interest shall not be required under this section in any case in which the beneficiary elects to receive the proceeds under the policy by any means other than a lump sum payment.

History:

[(41-1337) 41-1336, added 2003, ch. 85, sec. 1, p. 261; am. and redesig. 2004, ch. 318, sec. 11, p. 899.]
Idaho Code § 41-4813 — Idaho Code / Title 41 / Chapter 48 / Section 41-4813
41-4813 DUTY OF AGENTS OR BROKERS TO OBTAIN LICENSE.
Status: in_force

41-4813. Duty of agents or brokers to obtain license. Any person acting, or offering to act, as an agent or broker for a risk retention group or purchasing group, which solicits members, sells insurance coverage, purchases coverage for its members located within the state or otherwise does business in this state shall, before commencing any such activity, obtain a license from the director.

History:

[41-4813, added 1987, ch. 140, sec. 1, p. 281.]
Idaho Code § 41-3921 — Idaho Code / Title 41 / Chapter 39 / Section 41-3921
41-3921 STATUTORY CONSTRUCTION AND RELATIONSHIP TO OTHER LAWS.
Status: in_force

41-3921. Statutory construction and relationship to other laws. (1) Except as stated in this chapter, provisions of title 41, Idaho Code, applicable to disability insurers shall be applicable to the lawful transactions and business of an organization offering a managed care plan for which a certificate of authority is required pursuant to this chapter.

(2) With respect to all managed care organizations, the provision of factually accurate information regarding coverage, rates, locations and hours of service, names of affiliated institutions, and credentials of participating providers by the organization or its personnel to potential members shall not constitute a violation of any law relating to solicitation or advertising by health care professionals.

(3) Any managed care organization which contracts with a health care facility or enters into arrangements with one (1) or more groups of providers organized on a group practice or individual practice basis shall not by virtue of such contracts or arrangements be deemed to have entered into a "conspiracy in restraint of trade".

(4) Except as expressly and specifically stated in this chapter, the provisions of chapter 34, title 41, Idaho Code, are not amended, repealed or otherwise affected by this chapter.

History:

[41-3921, added 1974, ch. 177, sec. 21, p. 1444; am. 1988, ch. 265, sec. 573, p. 871; am. 1997, ch. 204, sec. 23, p. 595; am. 2015, ch. 251, sec. 5, p. 1047.]
Idaho Code § 41-3809A — Idaho Code / Title 41 / Chapter 38 / Section 41-3809A
41-3809A GROUP CAPITAL CALCULATION REPORTING.
Status: in_force

41-3809A. group capital calculation reporting. (1) If an insurance holding company system under section 41-3809(13), Idaho Code, has previously filed the annual group capital calculation at least once, the lead state director may exempt the ultimate controlling person from filing the annual group capital calculation if:

(a) Annual direct written and unaffiliated assumed premiums, including international direct and assumed premiums but excluding premiums reinsured with the federal crop insurance corporation and federal flood program, are less than one billion dollars ($1,000,000,000);

(b) No insurers within the holding company structure are domiciled outside of the United States or one (1) of its territories;

(c) No banking, depository, or other financial entity that is subject to an identified regulatory capital framework is within the holding company structure;

(d) The holding company system attests that there are no material changes in the transactions between insurers and non-insurers in the group that have occurred since the last filing of the annual group capital calculation; and

(e) The non-insurers within the holding company system do not pose a material financial risk to the insurer's ability to honor policyholder obligations.

(2) If an insurance holding company system has previously filed the annual group capital calculation, the lead state director may accept, in lieu of the group capital calculation, a limited group capital filing if the insurance holding company system has annual direct written and unaffiliated assumed premiums, including international direct and assumed premiums but excluding premiums reinsured with the federal crop insurance corporation and federal flood program, of less than one billion dollars ($1,000,000,000) and:

(a) No insurers within the holding company structure are domiciled outside of the United States or one (1) of its territories;

(b) No banking, depository, or other financial entity that is subject to an identified regulatory capital framework is included; and

(c) The holding company system attests that there are no material changes in transactions between insurers and non-insurers in the group that have occurred since the last filing of the report and the non-insurers within the holding company system do not pose a material financial risk to the insurer's ability to honor policyholder obligations.

(3) No exemption under this section may prevent the lead state director from requiring the ultimate controlling person to file an annual group capital calculation, at any time, if:

(a) Any insurer within the insurance holding company system is in a risk-based capital action level event as set forth in chapter 54, title 41, Idaho Code, or a similar standard for a non-United States insurer;

(b) Any insurer within the insurance holding company system meets one (1) or more of the standards of an insurer deemed to be in hazardous financial condition as set forth in rule; or

(c) Any insurer within the insurance holding company system otherwise exhibits qualities deemed hazardous to the insurance buying public based on unique circumstances, including but not limited to the type and volume of business written, ownership and organizational structure, federal agency requests, and international supervisor requests.

(4) A non-United States jurisdiction is considered to recognize and accept the group capital calculation when:

(a) With respect to section 41-3809(13), Idaho Code:

(i) The non-United States jurisdiction recognizes the United States state regulatory approach to group supervision and group capital by providing confirmation that insurers and insurance groups whose lead state is accredited by the NAIC under the NAIC accreditation program shall be subject only to worldwide prudential insurance group supervision, including worldwide group governance, solvency and capital, and reporting, as applicable, by the lead state; or

(ii) There are no United States insurance groups operating in a non-United States jurisdiction and such non-United States jurisdiction indicates formally in writing to the lead state, with a copy forwarded to the international association of insurance supervisors, that the group capital calculation is an acceptable international capital standard; and

(b) The non-United States jurisdiction provides confirmation that information regarding insurers and their parents, subsidiaries, or affiliated entities, if applicable, shall be provided to the lead state in accordance with a memorandum of understanding or similar document between the director and such jurisdiction, including but not limited to the international association of insurance supervisors multilateral memorandum of understanding or other multilateral memoranda of understanding.

(5)(a) The list of jurisdictions that recognize and accept the group capital calculation, an NAIC publication adopted and amended by the NAIC effective August 13, 2022, or any subsequent version adopted for use by the director by rule, administrative order, or bulletin, shall be the list of non-United States jurisdictions that recognize and accept the group capital calculation.

(b) The list shall assist the lead state director in determining which insurers shall file an annual group capital calculation. The list shall clarify those situations in which a jurisdiction is exempted from filing pursuant to section 41-3809(13)(a)(iv), Idaho Code. To assist with a determination under section 41-3809(13)(b), Idaho Code, the list shall also identify whether a jurisdiction that is exempted pursuant to section 41-3809(13)(a)(iii) or (iv), Idaho Code, requires a group capital filing for any United States-based insurance group's operations in such non-United States jurisdiction.

(c) If a non-United States jurisdiction no longer meets the requirements to recognize and accept the group capital calculation, the director may exclude the jurisdiction from the list of jurisdictions that recognize and accept the group capital calculation.

History:

[41-3809A, added 2025, ch. 62, sec. 3, p. 292.]
Idaho Code § 41-2202 — Idaho Code / Title 41 / Chapter 22 / Section 41-2202
41-2202 “GROUP DISABILITY INSURANCE” DEFINED — ELIGIBLE GROUPS.
Status: in_force

41-2202. "Group disability insurance" defined — Eligible groups. "Group disability insurance" is hereby declared to be that form of disability insurance covering groups of persons as defined below, with or without one or more members of their families or one or more of their dependents, or covering one or more members of the families or one or more dependents of such groups of persons, and issued upon the following basis:

(1) Under a policy issued to an employer or trustees of a fund established by an employer, who shall be deemed the policyholder, insuring employees of such employer for the benefit of persons other than the employer. The term "employees" as used herein shall be deemed to include the officers, managers, and employees of the employer, the individual proprietor or partner if the employer is an individual proprietor or partnership, the officers, managers, and employees of subsidiary or affiliated corporations, the individual proprietors, partners and employees of individuals and firms, if the business of the employer and such individual or firm is under common control through stock ownership, contract, or otherwise. The term "employees" as used herein may include retired employees. A policy issued to insure employees of a public body may provide that the term "employees" shall include elected or appointed officials. The policy may provide that the term "employees" shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship.

(2) Under a policy issued to an association, including a labor union, which shall have a constitution and by-laws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, insuring members, employees, or employees of members of the association for the benefit of persons other than the association or its officers or trustees. The term "employees" as used herein may include retired employees.

(3) Under a policy issued to the trustees of a fund established by two (2) or more employers in the same or related industry or by one or more labor unions or by one or more employers and one or more labor unions or by an association as defined in subdivision (2) above, which trustees shall be deemed the policyholder, to insure employees of the employers or members of the unions or of such association, or employees of members of such association, for the benefit of persons other than the employers or the unions or such association. The term "employees" as used herein may include the officers, managers and employees of the employer, and the individual proprietor or partners if the employer is an individual proprietor or partnership. The term "employees" as used herein may include retired employees. The policy may provide that the term "employees" shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship.

(4) Under a policy issued to any person or organization to which a policy of group life insurance may be issued or delivered in this state to insure any class or classes of individuals that could be insured under such group life policy.

(5) Under a policy issued to cover any other substantially similar group which, in the discretion of the director, may be subject to the issuance of a group disability policy or contract.

(6) Any group disability policy which contains provisions for the payment by the insurer of benefits for expenses incurred on account of hospital, nursing, medical, or surgical services for members of the family or dependents of a person in the insured group may provide for the continuation of such benefit provisions, or any part or parts thereof, after the death of the person in the insured group.

History:

[41-2202, added 1961, ch. 330, sec. 528, p. 645.]
Idaho Code § 41-117A — Idaho Code / Title 41 / Chapter 1 / Section 41-117A
41-117A PENALTY FOR TRANSACTING INSURANCE WITHOUT PROPER LICENSING.
Status: in_force

41-117A. Penalty for transacting insurance without proper licensing. The director may impose an administrative penalty not to exceed fifteen thousand dollars ($15,000), for deposit in the general account of the state of Idaho, upon any person who transacts insurance of any kind or character or transmits for a person, other than himself, an application for a policy of insurance without proper licensing, or after such licensing shall have been suspended or revoked.

History:

[41-117A, added 1988, ch. 169, sec. 1, p. 299.]
Idaho Code § 41-5913 — Idaho Code / Title 41 / Chapter 59 / Section 41-5913
41-5913 HOLD HARMLESS FOR INDEPENDENT REVIEW ORGANIZATIONS.
Status: in_force

41-5913. hold harmless for independent review organizations. No independent review organization or clinical reviewer working on behalf of an independent review organization or an employee, agent or contractor of an independent review organization shall be liable in damages or otherwise to any person for any opinions rendered or acts or omissions performed within the scope of the organization's or person's duties under the law during or upon completion of an external review conducted pursuant to this chapter unless the opinion was rendered or act or omission performed in bad faith or involved gross negligence; provided that the health carrier shall not be liable in damages or otherwise to any person for any opinions rendered or acts or omissions performed by the independent review organization, its employees, agents or contractors within the scope of the organization's or person's duties under the law during or upon completion of an external review conducted pursuant to this chapter.

History:

[41-5913, added 2009, ch. 87, sec. 1, p. 255.]
Idaho Code § 41-3920 — Idaho Code / Title 41 / Chapter 39 / Section 41-3920
41-3920 DISCRIMINATION AGAINST HEALTH PROFESSIONALS ASSOCIATED WITH MANAGED CARE ORGANIZATIONS.
Status: in_force

41-3920. Discrimination against health professionals associated with managed care organizations. It shall be unlawful for any health service institution or associations of health professionals to exclude other health professionals from working privileges, membership, or association solely on the basis that such other person is employed by or contracts with a managed care organization pursuant to this chapter.

History:

[41-3920, added 1974, ch. 177, sec. 20, p. 1444; am. 1997, ch. 204, sec. 22, p. 595.]
Idaho Code § 41-3322 — Idaho Code / Title 41 / Chapter 33 / Section 41-3322
41-3322 NOTICE TO CREDITORS AND OTHERS.
Status: in_force

41-3322. Notice to creditors and others. (1) Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible:

(a) By first class mail and either by telegram or telephone to the insurance director of each jurisdiction in which the insurer is doing business;

(b) By first class mail to any guaranty association or foreign guaranty association which is or may become obligated as a result of the liquidation;

(c) By first class mail to all insurance agents of the insurer;

(d) By first class mail to all persons known or reasonably expected to have claims against the insurer, including, but not limited to, all policyholders, at their last known address as indicated by the records of the insurer and the director of the department of finance and the secretary of state; and

(e) By publication in a newspaper of general circulation in the county in which the insurer has its principal place of business and in such other locations as the liquidator deems appropriate.

(2) Notice to potential claimants under the provisions of subsection (1) of this section shall require claimants to file their claims with the liquidator together with proper proofs thereof under the provisions of section 41-3336, Idaho Code, on or before a date the liquidator shall specify in the notice. The liquidator need not require persons claiming cash surrender values or other investment values in life insurance and annuities to file a claim. All claimants shall have a duty to keep the liquidator informed of any changes of address.

(3) If notice is given in accordance with the provisions of this section, the distribution of assets of the insurer under this chapter shall be conclusive with respect to all claimants, whether or not they received notice.

History:

[41-3322, added 1981, ch. 249, sec. 2, p. 519.]
Idaho Code § 41-2022 — Idaho Code / Title 41 / Chapter 20 / Section 41-2022
41-2022 READJUSTMENT OF PREMIUM.
Status: in_force

41-2022. Readjustment of premium. Any group life insurance contract may provide for a readjustment of the premium rate based upon the experience thereunder.

History:

[41-2022, added 1961, ch. 330, sec. 487, p. 645.]
Idaho Code § 41-2142 — Idaho Code / Title 41 / Chapter 21 / Section 41-2142
41-2142 LIMITATION OF BENEFITS FOR ELECTIVE ABORTIONS.
Status: in_force

41-2142. Limitation of benefits for elective abortions. All policies, contracts, plans or certificates of disability insurance delivered, issued for delivery or renewed in this state after the effective date of this section shall exclude coverage for elective abortions. Such exclusion may be waived by endorsement and the payment of a premium therefor. Availability of such coverage shall be at the option of the insurance carrier. For purposes of this section, an "elective abortion" means an abortion for any reason other than to preserve the life of the female upon whom the abortion is performed.

History:

[41-2142, added 1983, ch. 94, sec. 1, p. 207.]
Idaho Code § 41-3909 — Idaho Code / Title 41 / Chapter 39 / Section 41-3909
41-3909 RECORDS.
Status: in_force

41-3909. Records. (1) Every managed care organization shall establish and at all times maintain adequate records of its financial and business transactions.

(2) The managed care organization shall retain its general records with respect to a particular transaction for a period of not less than seven (7) years after termination of the transaction, and health records shall be retained for a period of seven (7) years after the termination of the member's contract.

(3) The managed care organization shall make all records available to the director or his designee for review at all reasonable times upon the director's request; provided, however, that the availability of health records shall be subject to any Idaho law limiting or defining such availability.

History:

[41-3909, added 1974, ch. 177, sec. 9, p. 1444; am. 1997, ch. 204, sec. 10, p. 588.]
Idaho Code § 41-4807 — Idaho Code / Title 41 / Chapter 48 / Section 41-4807
41-4807 COUNTER SIGNATURES NOT REQUIRED.
Status: in_force

41-4807. Counter signatures not required. A policy of insurance issued to a risk retention group or any member of that group shall not be required to be countersigned as otherwise provided in sections 41-337 and 41-338, Idaho Code.

History:

[41-4807, added 1987, ch. 140, sec. 1, p. 280; am. 2005, ch. 75, sec. 3, p. 255.]
Idaho Code § 41-3342 — Idaho Code / Title 41 / Chapter 33 / Section 41-3342
41-3342 PRIORITY OF DISTRIBUTION.
Status: in_force

41-3342. Priority of distribution. The priority of distribution of claims from the insurer's estate shall be in accordance with the order in which each class of claims is herein set forth. Every claim in each class shall be paid in full or adequate funds retained for such payment before the members of the next class receive any payment. No subclasses shall be established within any class. The order of distribution of claims shall be:

(1) Class 1. The costs and expenses of administration, including, but not limited to, the following:

(a) The actual and necessary costs of preserving or recovering the assets of the insurer;

(b) Compensation for all services rendered in the liquidation;

(c) Any necessary filing fees;

(d) The fees and mileage payable to witnesses;

(e) Reasonable attorney's fees; and

(f) The reasonable expenses of a guaranty association or foreign guaranty association in handling claims.

(2) Class 2. All claims under policies for losses incurred, including third party claims, and all claims of a guaranty association or foreign guaranty association. All claims under life policies, annuity policies, or disability or health insurance policies, whether for death proceeds, annuity proceeds, or investment values shall be treated as loss claims. That portion of any loss, indemnification for which is provided by other benefits or advantages recovered by the claimant, shall not be included in this class, other than benefits or advantages recovered or recoverable in discharge of familial obligations of support or by way of succession at death or as proceeds of life insurance, or as gratuities. No payment by an employer to his employee shall be treated as a gratuity.

(3) Class 3. Claims under nonassessable policies for unearned premium or other premium refunds.

(4) Class 4. Claims of the federal government not included in class 2 or class 3 above.

(5) Class 5. Debts due to employees for services performed and benefits accrued to the extent that they do not exceed one thousand dollars ($1,000) and represent payment for services performed within one (1) year before the commencing of delinquency proceedings. Officers and directors shall not be entitled to the benefit of this priority. Such priority shall be in lieu of any other similar priority which may be authorized by law as to wages or compensation of employees.

(6) Class 6. Claims of general creditors and all claims against the insurer for liability for bodily injury or for injury to or destruction of tangible property which are not under the policies.

(7) Class 7. Claims of any state or local government not included in class 2 or class 3 above. Claims, including those of any state or local governmental body for a penalty or forfeiture, shall be allowed in this class only to the extent of the pecuniary loss sustained from the act, transaction, or proceeding out of which the penalty or forfeiture arose, with reasonable and actual costs occasioned thereby. The remainder of such claims shall be postponed to the class of claims under subsection (10) of this section.

(8) Class 8. Claims filed late or any other claims other than claims under subsections (9) and (10) of this section.

(9) Class 9. Surplus or contribution notes, or similar obligations, and premium refunds on assessable policies. Payments to members of domestic mutual insurance companies shall be limited in accordance with law.

(10) Class 10. The claims of shareholders or other owners arising out of their capacity as shareholders or owners, or any other capacity except as they may be qualified in class 2 or class 6 above.

History:

[41-3342, added 1981, ch. 249, sec. 2, p. 532; am. 1999, ch. 321, sec. 1, p. 820.]
Idaho Code § 41-2822 — Idaho Code / Title 41 / Chapter 28 / Section 41-2822
41-2822 APPLICATIONS FOR INSURANCE IN FORMATION OF MUTUAL INSURER.
Status: in_force

41-2822. Applications for insurance in formation of mutual insurer. (1) Upon receipt of the director's approval of the bond or deposit as provided in section 41-2821, Idaho Code, the proposed domestic mutual insurer may commence solicitation of such requisite applications for insurance policies as it may accept, and may receive deposits of premiums thereon.

(2) All such applications shall be in writing signed by the applicant, covering subjects of insurance resident, located or to be performed in this state.

(3) All such applications shall provide that:

(a) Issuance of the policy is contingent upon the insurer qualifying for and receiving a certificate of authority;

(b) No insurance is in effect unless and until the certificate of authority has been issued; and

(c) The prepaid premium or deposit, and membership or policy fee, if any, shall be refunded in full to the applicant if organization is not completed and the certificate of authority is not issued and received by the insurer before a specified reasonable date, which date shall be not later than one (1) year after the date of the certificate of incorporation.

(4) All qualifying premiums collected shall be in cash.

(5) Solicitation for such qualifying applications for insurance shall be by licensed agents of the corporation, and the director shall, upon the corporation's application therefor, issue temporary agent's licenses expiring on the date specified pursuant to subdivision (c) above to individuals qualified as for a resident agent's license except as to the taking or passing of an examination. The director may suspend or revoke any such license for any of the causes and pursuant to the same procedures as are applicable to suspension or revocation of licenses of agents in general under chapter 10, title 41, Idaho Code.

History:

[41-2822, added 1961, ch. 330, sec. 590, p. 645; am. 1972, ch. 164, sec. 5, p. 376.]
Idaho Code § 41-1327 — Idaho Code / Title 41 / Chapter 13 / Section 41-1327
41-1327 VIOLATIONS — PENALTY.
Status: in_force

41-1327. Violations — Penalty. Any person who violates any provision of this chapter as to which a penalty is not expressly provided, or who violates a cease and desist order issued by the director under section 41-213, Idaho Code, after such order has become final, shall be subject to penalties as prescribed by or referred to in section 41-117, Idaho Code (general penalty).

History:

[41-1327, added 1961, ch. 330, sec. 305, p. 645; am. 2005, ch. 78, sec. 4, p. 273.]
Idaho Code § 41-206 — Idaho Code / Title 41 / Chapter 2 / Section 41-206
41-206 DIVISIONS AND EMPLOYEES.
Status: in_force

41-206. Divisions and employees. (1) The department shall be organized into such divisions and such other units as may be administratively established in order to efficiently administer the department. Each division shall be headed by a division administrator who shall be appointed by and serve at the pleasure of the director, and shall be a nonclassified employee exempt from the provisions of chapter 53, title 67, Idaho Code.

(2) The director may pursuant to chapter 53, title 67, Idaho Code, appoint, employ, fix the compensation of, prescribe and require the duties of and discharge such employees as the duties of his office may require.

(3) The director may contract for and procure on a basis of fee and without giving such persons any status as an employee of this state, such independently contracting actuarial, technical, examining, and other similar professional services as the director may from time to time require for the discharge of his duties.

History:

[41-206, added 1981, ch. 264, sec. 3, p. 560; am. 1995, ch. 135, sec. 2, p. 586.]
Idaho Code § 41-507 — Idaho Code / Title 41 / Chapter 5 / Section 41-507
41-507 “SURETY INSURANCE” DEFINED.
Status: in_force

41-507. "Surety insurance" defined. "Surety insurance" includes:

(1) Fidelity insurance, which is insurance guaranteeing the fidelity of persons holding positions of public or private trust.

(2) Insurance or guaranty of the obligations of employers under workmen's compensation laws.

(3) Insurance guaranteeing the performance of contracts, other than insurance policies, and guaranteeing and executing bonds, undertakings, and contracts of suretyship.

(4) Insurance indemnifying banks, bankers, brokers, financial or moneyed corporations or associations against loss, resulting from any cause, of bills of exchange, notes, bonds, securities, evidences of debt, deeds, mortgages, warehouse receipts or other valuable papers, documents, money, precious metals and articles made therefrom, jewelry, watches, necklaces, bracelets, gems, precious and semiprecious stones, including any loss while the same are being transported in armored motor vehicles, or by messenger, but not including any other risks of transportation or navigation; also insurance against loss or damage to such an insured's premises or to his furniture, furnishings, fixtures, equipment, safes, and vaults therein, caused by burglary, robbery, theft, vandalism or malicious mischief, or any attempt thereat.

History:

[41-507, added 1961, ch. 330, sec. 116, p. 645.]
Idaho Code § 41-2706 — Idaho Code / Title 41 / Chapter 27 / Section 41-2706
41-2706 TITLE INSURANCE RATES — JUSTIFICATION.
Status: in_force

41-2706. Title insurance rates — Justification. Title insurance premium rates for the basic classification of policies and underwriting contracts shall be those filed by a title insurer or a title insurance rating organization with justification and approved by order of the director of the department of insurance, or, those filed by the director of the department of insurance with his justification therefor, hearing thereon and order of the director, both as more particularly hereinafter set forth. The division of the total premium between a title insurer and a title insurance agent shall be filed by the title insurer. The insurance premium rates on basic classification of policies and said division of total premium shall be deemed fixed by the director of the department of insurance upon the director's order approving the same (i) as filed and justified by a title insurer or title insurance rating organization, with or without hearing, or (ii) following a hearing on the same as filed and justified by the director of the department of insurance.

(1) Justification of title insurance rates proposed by a title insurer, a title insurance rating organization, or the director of the department of insurance shall be filed with any proposed change of rate, and the filing shall be justified by:

(a) the experience or judgment of the title insurer or title insurance rating organization or the director proposing the rates; or

(b) its interpretation of any statistical data relied upon; or

(c) the experience of other title insurers or title insurance rating organizations; or

(d) any other factors which the title insurer or rating organization or director deems relevant.

(2) Rates made hereunder shall not be excessive, nor inadequate for the safety and soundness of the title insurer and title insurance agent, and shall not be unfairly discriminatory, and shall be adopted giving due consideration to:

(a) desirability of stability of rate structures;

(b) necessity of assuring the financial solvency of a title insurer and title insurance agent in periods of economic depression by encouraging growth in assets of title insurers and title insurance agents in periods of high business and activity; and

(c) necessity for assuring a reasonable margin of underwriting profit sufficient to induce capital to be invested therein.

(3) Every title insurer and every title insurance rating organization shall adopt basic classifications of policies and contracts of title insurance which shall be used as the basis for rates. Rates for each classification may, at the discretion of the title insurer, or the title insurance rating organization filing the rate, be less than the cost of the expense elements in the case of smaller insurances, and the excess may be charged against larger insurances without rendering the rate unfairly discriminatory.

(4) When the director finds upon application by a title insurer that any rate for a particular kind or class of risk cannot practicably be filed before it is used, or any contract or kind of title insurance, by reason of rarity or peculiar circumstances, does not lend itself to advance determination and filing of rates, he may, under such rules and regulations as he may prescribe, permit such rate or contract or kind of title insurance to be used without a previous notice and thirty (30) day waiting period.

History:

[I.C., sec. 41-2706, as added by 1973, ch. 135, sec. 3, p. 252; am. 2011, ch. 195, sec. 2, p. 557.]
Idaho Code § 41-4815 — Idaho Code / Title 41 / Chapter 48 / Section 41-4815
41-4815 RULES AND REGULATIONS.
Status: in_force

41-4815. Rules and regulations. The director may establish and from time to time amend such rules relating to risk retention groups as may be necessary or desirable to carry out the provisions of this chapter.

History:

[41-4815, added 1987, ch. 140, sec. 1, p. 282.]
Idaho Code § 41-1001 — Idaho Code / Title 41 / Chapter 10 / Section 41-1001
41-1001 PURPOSE AND SCOPE.
Status: in_force

41-1001. Purpose and scope. (1) This chapter governs the qualifications and procedures for the licensing of insurance producers. It simplifies and organizes statutory language to improve efficiency, permits the use of new technology and reduces costs associated with issuing and renewing insurance licenses.

(2) This chapter applies to adjusters to the extent provided in section 41-1108, Idaho Code, and to surplus lines brokers to the extent provided in sections 41-1223 and 41-1224, Idaho Code. Except where expressly made applicable, this chapter does not apply to title insurance under chapter 27, title 41, Idaho Code.

History:

[41-1001, added 2001, ch. 296, sec. 3, p. 1047.]
Idaho Code § 41-3910 — Idaho Code / Title 41 / Chapter 39 / Section 41-3910
41-3910 REPORTS TO THE DIRECTOR.
Status: in_force

41-3910. Reports to the director. (1) Every managed care organization offering a managed care plan for which a certificate of authority is required shall annually, on or before the first day of June, file a report with the director showing its audited financial condition on the last day of the preceding December. The report shall be on forms prescribed by the director and shall be verified by an appropriate officer of the organization.

(2) Such report shall include:

(a) A financial statement of the organization, including its balance sheet and statement of income and expenditures for the preceding year certified by an independent public accountant;

(b) Any changes in the information submitted in connection with its application for certificate of authority;

(c) Such other information as is available to the managed care organization relating to the operations of the organization as the director may require by rule to enable him to carry out his duties under this chapter.

History:

[41-3910, added 1974, ch. 177, sec. 10, p. 1444; am. 1997, ch. 204, sec. 11, p. 589; am. 2008, ch. 203, sec. 2, p. 653.]
Idaho Code § 41-1937 — Idaho Code / Title 41 / Chapter 19 / Section 41-1937
41-1937 VARIABLE CONTRACTS — STATEMENT OF ESSENTIAL FEATURES.
Status: in_force

41-1937. Variable contracts — Statement of essential features. (1) Any variable contract providing benefits payable in variable amounts delivered or issued for delivery in this state shall contain a statement of the essential features of the procedures to be followed by the insurer in determining the dollar amount of such variable benefits. Any such contract under which the benefits vary to reflect investment experience, including a group contract and any certificate in evidence of variable benefits issued thereunder, shall state that such dollar amount will so vary and shall contain on its first page a statement to the effect that the benefits thereunder are on a variable basis.

(2) Variable annuity contracts delivered or issued for delivery in this state may include as an incidental benefit provision for payment on death during the deferred period of an amount not in excess of the greater of the sum of the premiums or stipulated payments paid under the contract or the value of the contract at time of death. Any such provision shall not be deemed to be life insurance and shall not be subject to the provisions of this code governing life insurance contracts. A provision for any other benefit on death during the deferred period shall be subject to such life insurance provisions.

History:

[I.C., sec. 41-1937, as added by 1969, ch. 214, sec. 52, p. 625; am. 1971, ch. 272, sec. 3, p. 1078.]
Idaho Code § 41-712 — Idaho Code / Title 41 / Chapter 7 / Section 41-712
41-712 CERTAIN TERMS DEFINED.
Status: in_force

41-712. Certain terms defined. (1) Certain terms used are defined for the purposes of this chapter as follows:

(a) "Obligation" includes bonds, debentures, notes or other evidences of indebtedness.

(b) "Institution" includes corporations, joint-stock associations, and business trusts.

History:

[41-712, added 1961, ch. 330, sec. 149, p. 645; am. 1969, ch. 214, sec. 19, p. 625.]
Idaho Code § 41-2823 — Idaho Code / Title 41 / Chapter 28 / Section 41-2823
41-2823 FORMATION OF MUTUALS — TRUST DEPOSIT OF PREMIUMS — ISSUANCE OF POLICIES.
Status: in_force

41-2823. Formation of mutuals — Trust deposit of premiums — Issuance of policies. (1) All sums collected by a domestic mutual corporation as premiums or fees on qualifying applications for insurance therein shall be deposited in trust in a bank or trust company in this state under a written trust agreement approved by the director and consistent with this section and with section 41-2822(3)(c). The corporation shall file an executed copy of such trust agreement with the director.

(2) Upon issuance to the corporation of a certificate of authority as an insurer for the kind of insurance for which such applications were solicited, all funds so held in trust shall become the funds of the insurer, and the insurer shall thereafter in due course issue and deliver its policies for which premiums had been paid and accepted. The insurance provided by such policies shall be effective as of the date of the certificate of authority or thereafter as provided by the respective policies.

History:

[41-2823, added 1961, ch. 330, sec. 591, p. 645.]