reglab/housing_qa huggingface dataset:
ID Code § 41-3331 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3331 - ASSESSMENTS.

41-3331. ASSESSMENTS. (1) As soon as practicable but not more than two (2) years from the date of an order of liquidation under section 41-3318, Idaho Code, of an insurer issuing assessable policies, the liquidator shall make a report to the court setting forth: (a) The reasonable value of the assets of the insurer; (b) The insurer’s probable total liabilities; (c) The probable aggregate amount of the assessment necessary to pay all claims of creditors and expenses in full, including expenses of administration and costs of collecting the assessment; and (d) A recommendation as to whether or not an assessment should be made and in what amount. (2) (a) Upon the basis of the report provided in subsection (1) of this section, including any supplements and amendments thereto, the district court may levy one or more assessments against all members of the insurer who are subject to assessment. (b) Subject to any applicable legal limits on assessability, the aggregate assessment shall be for the amount that the sum of the probable liabilities, the expenses of administration, and the estimated cost of collection of the assessment, exceeds the value of existing assets, with due regard being given to assessments that cannot be collected economically. (3) After levy of assessment under subsection (2) of this section, the liquidator shall issue an order directing each member who has not paid the assessment pursuant to the order, to show cause why the liquidator should not pursue a judgment therefor. (4) The liquidator shall give notice of the order to show cause by publication and by first class mail to each member liable thereunder, mailed to his last known address as it appears on the insurer’s records, at least twenty (20) days before the return day of the order to show cause. (5) (a) If a member does not appear and serve duly verified objections upon the liquidator on or before the return day of the order to show cause under subsection (3) hereof, the court shall make an order adjudging the member liable for the amount of the assessment against him, pursuant to subsection (3) hereof, together with costs, and the liquidator shall have a judgment against the member therefor. (b) If on or before such return day, the member appears and serves duly verified objections upon the liquidator, the director may hear and determine the matter or may appoint a referee to hear it and make such order as the facts warrant. In the event that the director determines that such objections do not warrant relief from assessment, the member may request the court to review the matter and vacate the order to show cause. (6) The liquidator may enforce any order or collect any judgment under subsection (5) of this section by any lawful means.  History: [41-3331, added 1981, ch. 249, sec. 2, p. 527.]
ID Code § 41-3332 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3332 - REINSURER’S LIABILITY.

41-3332. REINSURER’S LIABILITY. The amount recoverable by the liquidator from reinsurers shall not be reduced as a result of delinquency proceedings, regardless of any provision in the reinsurance contract or other agreement. Payment made directly to an insured or other creditor shall not diminish the reinsurer’s obligation to the insurer’s estate except when the reinsurance contract provided for direct coverage of a named insured and the payment was made in discharge of that obligation.  History: [41-3332, added 1981, ch. 249, sec. 2, p. 527.]
ID Code § 41-3333 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3333 - RECOVERY OF PREMIUMS OWED.

41-3333. RECOVERY OF PREMIUMS OWED. (1) (a) An agent, broker, premium finance company, or any other person, other than the insured, responsible for the payment of a premium shall be obligated to pay any unpaid earned premium due the insurer at the time of the declaration of insolvency as shown on the records of the insurer. The liquidator shall also have the right to recover from such person any part of an unearned premium that represents commission of such person. (b) An insured shall be obligated to pay any unpaid earned premium due the insurer at the time of the declaration of insolvency, as shown on the records of the insurer.  History: [41-3333, added 1981, ch. 249, sec. 2, p. 528.]
ID Code § 41-3335 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3335 - FILING OF CLAIMS.

41-3335. FILING OF CLAIMS. (1) Proof of all claims shall be filed with the liquidator in the form required by section 41-3336, Idaho Code, on or before the last day for filing specified in the notice required under section 41-3322, Idaho Code, except that proof of claims for cash surrender values or other investment values in life insurance and annuities need not be filed unless the liquidator expressly so requires. (2) The liquidator may permit a claimant making a late filing to share in distributions, whether past or future, as if he were not late, to the extent that any such payment will not prejudice the orderly administration of the liquidation, under the following circumstances: (a) The existence of the claim was not known to the claimant and that he filed his claim as promptly thereafter as reasonably possible after learning of it; (b) A transfer to a creditor was avoided under sections 41-3326 through 41-3328, Idaho Code, or was voluntarily surrendered under section 41-3329, Idaho Code, and that the filing satisfies the conditions of section 41-3329, Idaho Code; and (c) The valuation under section 41-3341, Idaho Code, of security held by a secured creditor shows a deficiency, which is filed within thirty (30) days after the valuation. (3) The liquidator shall permit late filing claims to share in distributions, whether past or future, as if they were not late, if such claims are claims of a guaranty association or foreign guaranty association for reimbursement of covered claims paid or expenses incurred, or both, subsequent to the last day for filing where such payments were made and expenses incurred as provided by law. (4) The liquidator may consider any claim filed late which is not covered by subsection (2) of this section, and permit it to receive distributions which are subsequently declared on any claims of the same or lower priority if the payment does not prejudice the orderly administration of the liquidation. The late filing claimant shall receive, at each distribution, the same percentage of the amount allowed on his claim as is then being paid to claimants of any lower priority. This shall continue until his claim has been paid in full.  History: [41-3335, added 1981, ch. 249, sec. 2, p. 529.]
ID Code § 41-3336 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3336 - PROOF OF CLAIM.

41-3336. PROOF OF CLAIM. (1) Proof of claim shall consist of a statement signed by the claimant that includes all of the following that are applicable: (a) The particulars of the claim including the consideration given for it; (b) The identity and amount of the security on the claim; (c) The payments made on the debt, if any; (d) That the sum claimed is justly owing and that there is not setoff, counterclaim, or defense to the claim; (e) Any right of priority of payment or other specific right asserted by the claimants; (f) A copy of the written instrument which is the foundation of the claim; and (g) The name and address of the claimant and the attorney who represents him, if any. (2) No claim need be considered or allowed if it does not contain all the information in subsection (1) of this section, which may be applicable. The liquidator may require that a prescribed form be used, and may require that other information and documents be included. (3) At any time the liquidator may request the claimant to present information or evidence supplementary to that required under subsection (1) of this section and may take testimony under oath, require production of affidavits or depositions, or otherwise obtain additional information or evidence. (4) No judgment or order against an insured or the insurer entered after the date of filing of a successful petition for liquidation, and no judgment or order against an insured or the insurer entered at any time by default or by collusion need be considered as evidence of liability or of quantum of damages. No judgment or order against an insured or the insurer entered within four (4) months before the filing of the petition need be considered as evidence of liability or of the quantum of damages. (5) All claims of a guaranty association or foreign guaranty association shall be in such form and contain such substantiation as may be agreed to by the association and the liquidator.  History: [41-3336, added 1981, ch. 249, sec. 2, p. 530.]
ID Code § 41-3337 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3337 - SPECIAL CLAIMS.

41-3337. SPECIAL CLAIMS. (1) The claim of a third party which is contingent only on his first obtaining a judgment against the insured shall be considered and allowed as if there were no such contingency. (2) A claim may be allowed even if contingent, if it is filed in accordance with section 41-3335, Idaho Code. It may be allowed and may participate in all distributions declared after it is filed to the extent that it does not prejudice the orderly administration of the liquidation. (3) Claims that are due except for the passage of time shall be treated as absolute claims are treated, except that such claims may be discounted at the legal rate of interest. (4) Claims made under employment contracts by directors, principal officers, or persons in fact performing similar functions or having similar powers are limited to payment for services rendered prior to the issuance of any order of rehabilitation or liquidation under sections 41-3313 or 41-3318, Idaho Code.  History: [41-3337, added 1981, ch. 249, sec. 2, p. 530.]
ID Code § 41-3338 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3338 - SPECIAL PROVISIONS FOR THIRD PARTY CLAIMS.

41-3338. SPECIAL PROVISIONS FOR THIRD PARTY CLAIMS. (1) Whenever any third party asserts a cause of action against an insured of an insured in liquidation, the third party may file a claim with the liquidator. (2) Whether or not the third party files a claim, the insured may file a claim on his own behalf in the liquidation. If the insured fails to file a claim by the date for filing claims specified in the order of liquidation or within sixty (60) days after mailing of the notice required by section 41-3322, Idaho Code, whichever is later, he is an unexcused late filer. (3) The liquidator shall make his recommendations to the court under section 41-3342, Idaho Code, for the allowance of an insured’s claim under subsection (2) of this section after consideration of the probable outcome of any pending action against the insured on which the claim is based, the probable damages recoverable in the action and the probable costs and expenses of defense. After allowance by the court, the liquidator shall withhold any dividends payable on the claim, pending the outcome of litigation and negotiation with the insured. Whenever it seems appropriate, he shall reconsider the claim on the basis of additional information and amend his recommendations to the court. The insured shall be afforded the same notice and opportunity to be heard on all changes in the recommendation as in its initial determination. The court may amend its allowance as it thinks appropriate. As claims against the insured are settled or barred, the insured shall be paid from the amount withheld the same percentage dividend as was paid on other claims of like property, based on the lesser of: (a) The amount actually recovered from the insured by action or paid by agreement plus the reasonable costs and expenses of defense; or (b) The amount allowed on the claims by the court. After all claims are settled or barred, any sum remaining from the amount withheld shall revert to the undistributed assets of the insurer. Delay in final payment under this subsection shall not be a reason for unreasonable delay of final distribution and discharge of the liquidator. (4) If several claims founded upon one (1) policy are filed, whether by third parties or as claims by the insured under this section, and the aggregate allowed amount of the claims to which the same limit of liability in the policy is applicable exceeds that limit, each claim as allowed shall be reduced in the same proportion so that the total equals the policy limit. Claims by the insured shall be evaluated as in subsection (3) of this section. If any insured’s claim is subsequently reduced under subsection (3) of this section, the amount thus freed shall be apportioned ratably among the claims which have been reduced under this subsection. (5) No claim may be presented under this section if it is or may be covered by any guaranty association or foreign guaranty association.  History: [41-3338, added 1981, ch. 249, sec. 2, p. 531.]
ID Code § 41-3339 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3339 - DISPUTED CLAIMS.

41-3339. DISPUTED CLAIMS. (1) When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the claimant or his attorney by first class mail at the address shown in the proof of claim. Within sixty (60) days from the mailing of the notice, the claimant may file his objections with the liquidator. If no such filing is made, the claimant may not further object to the determination. (2) Whenever objections are filed with the liquidator and the liquidator does not alter his denial of the claim as a result of the objections, the liquidator shall ask the court for a hearing as soon as practicable and give notice of the hearing by first class mail to the claimant or his attorney and to any other persons directly affected, not less than ten (10) nor more than thirty (30) days before the date of the hearing. The matter may be heard by the court or by a court-appointed referee who shall submit findings of fact along with his recommendation.  History: [41-3339, added 1981, ch. 249, sec. 2, p. 532.]
ID Code § 41-3340 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3340 - CLAIMS OF SURETY.

41-3340. CLAIMS OF SURETY. Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person, fails to prove and file that claim, the other person may do so in the creditor’s name, and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor’s name, to the extent that he discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any distribution, however, until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer’s estate to the creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him in trust for such other person. The term "other person" as used in this section is not intended to apply to a guaranty association or foreign guaranty association.  History: [41-3340, added 1981, ch. 249, sec. 2, p. 532.]
ID Code § 41-3341 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3341 - SECURED CREDITOR’S CLAIMS.

41-3341. SECURED CREDITOR’S CLAIMS. (1) The value of any security held by a secured creditor shall be determined in one (1) of the following ways, as the court may direct: (a) By converting the same into money according to the terms of the agreement pursuant to which the security was delivered to such creditors; or (b) By agreement, arbitration, compromise or litigation between the creditor and the liquidator. (2) The determination shall be under the supervision and control of the court with due regard for the recommendation of the liquidator. The amount so determined shall be credited upon the secured claim, and any deficiency shall be treated as an unsecured claim. If the claimant shall surrender his security to the liquidator, the entire claim shall be allowed as if unsecured.  History: [41-3341, added 1981, ch. 249, sec. 2, p. 532.]
ID Code § 41-3343 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3343 - LIQUIDATOR’S RECOMMENDATIONS TO THE COURT.

41-3343. LIQUIDATOR’S RECOMMENDATIONS TO THE COURT. (1) The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as he shall deem necessary. He may compound, compromise or in any other manner negotiate the amount for which claims will be recommended to the court except where the liquidator is required by law to accept claims as settled by any person or organization, including any guaranty association or foreign guaranty association. Unresolved disputes shall be determined under section 41-3339, Idaho Code. As soon as practicable, he shall present to the court a report of the claims against the insurer with his recommendations. The report shall include the name and address of each claimant and the amount of the claim finally recommended, if any. If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values or other investment value and the amounts owed. (2) The court may approve, disapprove, or modify, the report on claims by the liquidator. Such reports as are not modified by the court within a period of sixty (60) days following submission by the liquidator shall be treated by the liquidator as allowed claims, subject thereafter to later modification or to rulings made by the court pursuant to section 41-3339, Idaho Code. No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy limits.  History: [41-3343, added 1981, ch. 249, sec. 2, p. 534.]
ID Code § 41-3344 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3344 - DISTRIBUTION OF ASSETS.

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.]
ID Code § 41-3345 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3345 - UNCLAIMED AND WITHHELD FUNDS.

41-3345. UNCLAIMED AND WITHHELD FUNDS. (1) All unclaimed funds subject to distribution remaining in the liquidator’s hands when he is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, member, or other person who is unknown or cannot be found, shall be deposited with the state treasurer, and shall be paid without interest except in accordance with section 41-3342, Idaho Code, to the person entitled thereto or his legal representative upon proof satisfactory to the state treasurer of his right thereto. Any amount on deposit not claimed within six (6) years from discharge of the liquidator shall be deemed to have been abandoned and shall be escheated without formal escheat proceedings and be deposited with the state treasurer pursuant to chapter 5, title 14, Idaho Code. (2) All funds withheld under section 41-3337, Idaho Code, and not distributed shall upon discharge of the liquidator be deposited with the state treasurer and paid by him in accordance with section 41-3342, Idaho Code. Any sums remaining which under section 41-3342, Idaho Code, would revert to the undistributed assets of the insurer shall be transferred to the state treasurer and become the property of the state under subsection (1) hereof, unless the director in his discretion petitions the court to reopen the liquidation under section 41-3347, Idaho Code.  History: [41-3345, added 1981, ch. 249, sec. 2, p. 534; am. 2011, ch. 151, sec. 23, p. 430.]
ID Code § 41-3346 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3346 - TERMINATION OF PROCEEDINGS.

41-3346. TERMINATION OF PROCEEDINGS. (1) When all assets justifying the expense of collection and distribution have been collected and distributed under this act, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders, including an order to transfer any remaining funds that are not economical to distribute, as may be deemed appropriate. (2) Any other person may apply to the court at any time for an order under subsection (1) hereof. If the application is denied, the applicant shall pay the costs and expenses of the liquidator in resisting the application, including a reasonable attorney’s fee.  History: [41-3346, added 1981, ch. 249, sec. 2, p. 535.]
ID Code § 41-3347 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3347 - REOPENING LIQUIDATION.

41-3347. REOPENING LIQUIDATION. After the liquidation proceeding has been terminated and the liquidator discharged, the director or other interested party may at any time petition the district court to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that there is justification for reopening, it shall so order.  History: [41-3347, added 1981, ch. 249, sec. 2, p. 535.]
ID Code § 41-3348 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3348 - DISPOSITION OF RECORDS DURING AND AFTER TERMINATION OF LIQUIDATION.

41-3348. DISPOSITION OF RECORDS DURING AND AFTER TERMINATION OF LIQUIDATION. Whenever it shall appear to the director that the records of any insurer in process of liquidation or completely liquidated are no longer useful, he may recommend to the court and the court shall direct what records should be retained for future reference and what should be destroyed.  History: [41-3348, added 1981, ch. 249, sec. 2, p. 535.]
ID Code § 41-3349 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3349 - EXTERNAL AUDIT OF THE RECEIVER’S BOOKS.

41-3349. EXTERNAL AUDIT OF THE RECEIVER’S BOOKS. The district court may, as it deems desirable, cause audits to be made of the books of the director relating to any receivership established under this act, and a report of each audit shall be filed with the director and with the court. The books, records, and other documents of the receivership shall be made available to the auditor at any time without notice. The expense of each audit shall be considered a cost of administration of the receivership.  History: [41-3349, added 1981, ch. 249, sec. 2, p. 535.]