reglab/housing_qa huggingface dataset:
ID Code § 41-1227 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1227 - RECORDS OF BROKER.

41-1227. RECORDS OF BROKER. (1) Each broker shall keep in his office a full and true record of each surplus line coverage procured by him, including a copy of each daily report, if any, a copy of each certificate of insurance issued by him, and such of the following items as may be applicable: (a) Amount of the insurance; (b) Gross premium charged; (c) Return premium paid, if any; (d) Rate of premium charged upon the several items of property; (e) Effective date of the contract, and the terms thereof; (f) Name and address of each insurer on the direct risk and the proportion of the entire risk assumed by such insurer if less than the entire risk; (g) Name and address of the insured; (h) Brief general description of the property of risk injured and where located or to be performed; and (i) Other information as may be required by the director. (2) The record shall at all times within five (5) years after issuance of the coverage to which it relates be open to examination in this state by the director.  History: [41-1227, added 1961, ch. 330, sec. 271, p. 645; am. 2002, ch. 91, sec. 10, p. 231.]
ID Code § 41-1228 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1228 - ANNUAL REPORT OF BROKER.

41-1228. ANNUAL REPORT OF BROKER. (1) Each broker shall on or before the first day of March of each year file with the director a verified report of all surplus line insurance transacted by him during the preceding calendar year. (2) The statement shall be on forms as prescribed and furnished by the director and shall show: (a) Gross amount of each kind of insurance transacted; (b) Aggregate gross premiums charged; (c) Aggregate of returned premiums paid to insureds; (d) Aggregate of net premiums; and (e) Additional information as required by the director.  History: [41-1228, added 1961, ch. 330, sec. 272, p. 645; am. 2002, ch. 91, sec. 11, p. 231.]
ID Code § 41-1229 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1229 - TAX ON SURPLUS LINES.

41-1229. TAX ON SURPLUS LINES. (1) On or before the first day of March of each year, each broker shall remit to the director a tax on the premiums, exclusive of sums collected to cover federal and state taxes and examination fees, on surplus line insurance subject to tax transacted by him with unauthorized insurers during the preceding calendar year as shown by his annual statement filed with the director, and at the rate of one and five-tenths percent (1.5%). Such tax shall be in lieu of all other taxes upon such insurers with respect to the business so reported. (2) For property and casualty insurance other than worker’s compensation insurance, if Idaho is the insured’s home state, then the tax so payable shall be computed upon the entire premium under subsection (1) of this section, without regard to whether the policy covers risks or exposures that are located in Idaho. For all other lines of insurance, if a surplus line policy covers risks or exposures only partially in Idaho, the tax so payable shall be computed upon the proportion of the premium that is properly allocable to the risks or exposures located in Idaho. (3) Each broker shall round to the nearest whole dollar any amount shown or required to be shown on any return, form, statement, or other document submitted to the director or to any entity set forth in rule pursuant to section 41-1232, Idaho Code. Any record or other document prepared or maintained by the director shall express any dollar amount rounded to the nearest whole dollar.  History: [41-1229, added 1961, ch. 330, sec. 273, p. 645; am. 1988, ch. 186, sec. 1, p. 325; am. 1988, ch. 366, sec. 4, p. 1079; am. 1994, ch. 383, sec. 3, p. 1232; am. 2004, ch. 387, sec. 1, p. 1163; am. 2011, ch. 183, sec. 5, p. 521; am. 2019, ch. 45, sec. 2, p. 125.]
ID Code § 41-1230 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1230 - FAILURE TO FILE REPORT OR REMIT TAX — PENALTY.

41-1230. FAILURE TO FILE REPORT OR REMIT TAX — PENALTY. If any broker fails to file his annual report, or fails to remit the tax provided by section 41-1229, Idaho Code, prior to the first day of April after the tax is due, he shall be liable for a fine of twenty-five dollars ($25.00) for each day of delinquency commencing with the first day of April. The tax may be collected by distraint, or the tax and fine may be recovered by an action instituted by the director in any court of competent jurisdiction. Any fine collected by the director shall be paid to the state treasurer and credited to the general fund.  History: [41-1230, added 1961, ch. 330, sec. 274, p. 645; am. 2002, ch. 91, sec. 12, p. 231.]
ID Code § 41-1231 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1231 - LEGAL PROCESS AGAINST SURPLUS LINE INSURER.

41-1231. LEGAL PROCESS AGAINST SURPLUS LINE INSURER. (1) An unauthorized insurer shall be sued, upon any cause of action arising in this state under any contract issued by it as a surplus line contract pursuant to this law, in the district court of the county in which the cause of action arose. (2) Service of legal process against the insurer may be made in any such action by service upon the director as provided in section 41-334(1)[, Idaho Code]. The director shall forthwith mail a copy of the process served to the person designated by the insurer in the policy for the purpose, by prepaid registered mail with return receipt requested. The insurer shall have thirty (30) days from the date of service upon the director within which to plead, answer, or otherwise defend the action. Upon service of process upon the director in accordance with this provision, the court shall be deemed to have jurisdiction in personam of the insurer. (3) An unauthorized insurer issuing such policy shall be deemed thereby to have authorized service of process against it in the manner and to the effect as provided in this section. Any such policy shall contain a provision stating the substance of this section, and designating the person to whom the director shall mail process as provided in subsection (2) of this section.  History: [41-1231, added 1961, ch. 330, sec. 275, p. 645.]
ID Code § 41-1232 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1232 - RULES AND REGULATIONS.

41-1232. RULES AND REGULATIONS. (1) The director shall make or may approve and adopt reasonable rules and regulations, consistent with this surplus lines law, for any or all of the following purposes: (a) Effectuation of such law; (b) Establishment of procedures through which determination is to be made as to the eligibility of particular proposed coverages for export; and (c) Establishment, procedures, and operations of any organization of brokers or others designed to assist such brokers to comply with such law. The director may delegate to such an organization the responsibility, under his general supervision, for the determination of the eligibility for export of particular proposed coverages; and (d) Regulation of the fees and charges to be required of the insured in addition to the premium as fixed by the insurer. (2) Such rules and regulations shall be subject to the procedures and carry the penalty provided by section 41-211, Idaho Code, (rules and regulations).  History: [41-1232, added 1961, ch. 330, sec. 276, p. 645; am. 1969, ch. 214, sec. 41, p. 625; am. 1993, ch. 22, sec. 6, p. 81.]
ID Code § 41-1233 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1233 - REPORT AND TAX OF INDEPENDENTLY PROCURED COVERAGES.

41-1233. REPORT AND TAX OF INDEPENDENTLY PROCURED COVERAGES. (1) Every insured who in this state procures or causes to be procured or continues or renews insurance in an unauthorized foreign insurer, or any self-insurer who in this state so procures or continues excess loss, catastrophe or other insurance, upon a subject of insurance resident, located or to be performed within this state, other than insurance procured through a surplus line broker pursuant to the surplus line law of this state or exempted from tax pursuant to section 41-1212, Idaho Code, shall within thirty (30) days after the date such insurance policy was so received by the insured, continued or renewed file a written report of the same with the surplus line association on forms designated by the director and furnished to the insured upon request. The report shall show the name and address of the insured or insureds, name and address of the insurer, the subject of the insurance, a general description of the coverage, the amount of premium currently charged therefor, and such additional pertinent information as the director reasonably requests. If the insurance covers also a subject of insurance resident, located or to be performed outside this state, a proper pro rata portion of the entire premium payable for all such insurance shall be allocated to this state for the purposes of this section. (2) Any insurance in an unauthorized insurer procured through negotiations or an application in whole or in part occurring or made within or from within this state, or for which premiums in whole or in part are remitted directly or indirectly from within this state, shall be deemed to be insurance procured or continued or renewed in this state within the intent of subsection (1) of this section. (3) The insured with respect to the obligation, chose in action, or right represented by such insurance shall be subject to section 41-1229, Idaho Code, as it pertains to premium tax. Within thirty (30) days after the insurance policy was so received by the insured, continued or renewed, and coincidentally with the filing with the surplus line association of the report provided for in subsection (1) of this section, the insured shall pay the amount of the tax to the director and a stamping fee to the surplus line association. (4) The tax shall be collectible from the insured by civil action brought by the director, or by distraint. (5) This section does not abrogate or modify any provision of section 41-1201 (representing or aiding unauthorized insurer prohibited), 41-1202 (representing or aiding unauthorized insurer prohibited — penalty), or 41-1203 (suits by unauthorized insurer prohibited), Idaho Code. (6) This section does not apply as to life or disability insurances.  History: [41-1233, added 1961, ch. 330, sec. 277, p. 645; am. 1988, ch. 366, sec. 5, p. 1080; am. 1993, ch. 22, sec. 7, p. 82; am. 2002, ch. 91, sec. 13, p. 232; am. 2004, ch. 387, sec. 2, p. 1164; am. 2021, ch. 42, sec. 2, p. 124.]
ID Code § 41-1234 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1234 - RECORDS OF INSUREDS.

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.]
ID Code § 41-1235 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1235 - FALSE ADVERTISING ACT.

41-1235. FALSE ADVERTISING ACT. Sections 41-1235 through 41-1237[, Idaho Code,] of this act constitute and may be referred to as the unauthorized insurers false advertising process act.  History: [I.C., sec. 41-1235, as added by 1969, ch. 214, sec. 42, p. 625.]
ID Code § 41-1236 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1236 - MISREPRESENTATION BY UNAUTHORIZED INSURER.

41-1236. MISREPRESENTATION BY UNAUTHORIZED INSURER. No unauthorized insurer through any estimate, illustration, circular, pamphlet, letter, announcement, statement or any other means or medium shall misrepresent to any person in this state its financial condition or the terms of any contract issued or to be issued by it or the advantages thereof, or the dividends or share to be received thereon. Whenever the director has reason to believe that any such insurer is so misrepresenting, he shall notify the insurer and the insurance supervisory officer of the insurer’s domiciliary state or province by registered or certified mail.  History: [I.C., sec. 41-1236, as added by 1969, ch. 214, sec. 43, p. 625.]
ID Code § 41-1237 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1237 - MISREPRESENTATION — ACTION AND PENALTIES.

41-1237. MISREPRESENTATION — ACTION AND PENALTIES. (1) If within twenty-one (21) days following the giving of the notice provided for in section 41-1236, Idaho Code, the insurer has not ceased such dissemination, and if the director has reason to believe that such insurer is soliciting, issuing or delivering contracts of insurance to residents of this state or collecting premiums on such contracts or performing any other transaction in connection with such insurance, and that a proceeding by him in respect to such matters would be in the interest of the public, he shall order the insurer to desist the prohibited practices. (2) If the director finds that the insurer has misrepresented as referred to in section 41-1236, Idaho Code, he shall by order on such hearing require the insurer to cease and desist from such violation, and shall mail a copy of the order by registered or certified mail to the insurer at its principal place of business last of record with the director and to the insurance supervisory officer of the insurer’s domiciliary state or province. Each violation thereafter of such desist order shall subject the insurer to a penalty of two thousand dollars ($2,000), to be recovered by a civil action brought against the insurer by the director. Service of process upon the insurer in such action may be made upon the director pursuant to section 41-1207, Idaho Code, or in any other lawful manner.  History: [41-1237, added 1969, ch. 214, sec. 44, p. 625; am. 2005, ch. 78, sec. 2, p. 272.]
ID Code § 41-1301 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1301 - PURPOSES OF TRADE PRACTICES LAW.

41-1301. PURPOSES OF TRADE PRACTICES LAW. The purpose of sections 41-1301 through 41-1321, Idaho Code, is to regulate trade practices in the business of insurance in accordance with the intent of congress as expressed in the act of congress of March 9, 1945 (Public Law 15, 79th Congress [ch. 20, 59 U.S. Stat. at Large 33]), by defining, or providing for the determination of, all such practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.  History: [41-1301, added 1961, ch. 330, sec. 279, p. 645; am. 2005, ch. 77, sec. 6, p. 260.]
ID Code § 41-1302 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1302 - UNFAIR METHODS OF COMPETITION AND DECEPTIVE ACT PROHIBITED.

41-1302. UNFAIR METHODS OF COMPETITION AND DECEPTIVE ACT PROHIBITED. (1) No person shall engage in this state in any trade practice which is prohibited in this chapter, or defined in this chapter as, or determined pursuant to this chapter to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. (2) No person shall engage in dishonest or predatory insurance practices in marketing or sales of insurance to service members of the United States armed forces. Notwithstanding any other provision of title 41, Idaho Code, the director may promulgate rules to define dishonest, unfair, deceptive or predatory military sales practices.  History: [41-1302, added 1961, ch. 330, sec. 280, p. 645; am. 2007, ch. 271, sec. 1, p. 798.]
ID Code § 41-1303 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1303 - MISREPRESENTATION OR FALSE ADVERTISING OF POLICIES.

41-1303. MISREPRESENTATION OR FALSE ADVERTISING OF POLICIES. (1) No person shall make, issue, circulate, or cause to be made, issued, or circulated, any estimate, circular, or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the dividends or share of the surplus to be received thereon, or make any false or misleading statement as to the dividends or share of surplus previously paid on similar policies, or make any misleading representation or any misrepresentation as to the financial condition of any insurer, or as to the legal reserve system upon which any life insurer operates, or use any name or title of any policy or class of policies misrepresenting the true nature thereof. (2) No person shall misrepresent a policy for the purpose of effecting a pledge or assignment of, or effecting a loan against, any insurance policy. (3) No person shall misrepresent any insurance policy as being shares of stock. (4) For reasonable cause the director may in his discretion require any insurer or agent using or proposing to use in this state a prospectus, offering sheet, or other sales literature or printed sales aids in the solicitation of life or disability insurance to file the same with him for review. The director shall forthwith by order disapprove any such prospectus, sheet, literature, or aid found by him to be in violation of this section. The order shall become effective on the effective date specified therein, which date shall not be less than ten (10) days after the date the order was issued and mailed to the insurer or agent affected thereby; except, that if the insurer or agent prior to such effective date makes written request to the director for a hearing relative to the matter the director’s order shall thereby be stayed pending the hearing and the director’s further order on hearing. No insurer, agent, or other representative shall use in this state any prospectus, offering sheet, literature or sales aid after the date an order of disapproval thereof has become effective and has been communicated to the insurer. This provision shall not relieve any person of liability for penalties provided for violation of subsection (1) above.  History: [41-1303, added 1961, ch. 330, sec. 281, p. 645; am. 1977, ch. 218, sec. 1, p. 654.]
ID Code § 41-1304 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1304 - FALSE INFORMATION AND ADVERTISING WITH RESPECT TO INSURANCE BUSINESS.

41-1304. FALSE INFORMATION AND ADVERTISING WITH RESPECT TO INSURANCE BUSINESS. No person shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio or television station, or in any other way, any advertisement, announcement, or statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business, which is untrue, deceptive or misleading.  History: [41-1304, added 1961, ch. 330, sec. 282, p. 645.]
ID Code § 41-1305 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1305 - “TWISTING” PROHIBITED.

41-1305. "TWISTING" PROHIBITED. No person shall make or issue, or cause to be made or issued, any written or oral statement misrepresenting or making incomplete comparisons as to the terms, conditions, or benefits contained in any policy for the purpose of inducing or attempting or tending to induce the policyholder to lapse, forfeit, surrender, lease, retain, exchange, or convert, or otherwise use or dispose of any insurance policy, or any right or option thereunder, or in connection with any such statement and for like purpose fail to disclose all reasonably material facts, or a material fact necessary to make the statements made, in the light of the circumstances under which they are made, not misleading.  History: [41-1305, added 1961, ch. 330, sec. 283, p. 645; am. 1969, ch. 214, sec. 45, p. 625.]
ID Code § 41-1306 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1306 - FALSE FINANCIAL STATEMENTS.

41-1306. FALSE FINANCIAL STATEMENTS. (1) No person shall file with any supervisory or other public official, or make, publish, disseminate, circulate or deliver to any person, or place before the public, or cause directly or indirectly to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false statement of financial condition of an insurer with intent to deceive. (2) No person shall make any false entry in any book, report or statement of any insurer with intent to deceive any agent or examiner lawfully appointed to examine into its condition or into any of its affairs, or any public official to whom such insurer is required by law to report, or who has authority by law to examine into its condition or into any of its affairs, or, with like intent, wilfully omit to make a true entry of any material fact pertaining to the business of such insurer in any book, report or statement of such insurer.  History: [41-1306, added 1961, ch. 330, sec. 284, p. 645.]
ID Code § 41-1307 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1307 - REPRESENTATIONS AS TO ASSETS OR FINANCIAL CONDITION — ASSESSMENT PLAN TO BE STATED IN ADVERTISING.

41-1307. REPRESENTATIONS AS TO ASSETS OR FINANCIAL CONDITION — ASSESSMENT PLAN TO BE STATED IN ADVERTISING. (1) No insurer or representative thereof shall anywhere publish, represent or advertise assets except those actually owned and possessed by it in its own exclusive right, available for the payment of losses and claims, and held for the protection of its policy holders and creditors. (2) Every advertisement or public announcement, and every sign, circular or card issued by any insurer or representative thereof purporting to show its financial condition, shall correspond with or include the most recent verified financial statement of the insurer as filed with the director or with other appropriate governmental authority. (3) Every insurer transacting insurance in this state on the assessment plan under other express provisions of this code, shall have conspicuously printed in bold face type in every advertisement and advertising document published or used in this state the words "assessment plan"; and shall have the same information clearly conveyed in every advertisement disseminated by radio, television, or similar media.  History: [41-1307, added 1961, ch. 330, sec. 285, p. 645.]
ID Code § 41-1308 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1308 - DEFAMATION.

41-1308. DEFAMATION. No person shall make, publish, disseminate, or circulate, directly or indirectly, or aid, abet or encourage the making, publishing, disseminating or circulating of any oral or written statement or any pamphlet, circular, article or literature which is false, or maliciously critical of or derogatory to the financial condition of an insurer, or of an organization proposing to become an insurer, and which is circulated to injure any person engaged or proposing to engage in the business of insurance.  History: [41-1308, added 1961, ch. 330, sec. 286, p. 645.]