reglab/housing_qa huggingface dataset:
ID Code § 41-1208 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1208 - DEFENSE OF ACTION BY UNAUTHORIZED INSURER.

41-1208. DEFENSE OF ACTION BY UNAUTHORIZED INSURER. (1) Before any unauthorized foreign or alien insurer shall file or cause to be filed any pleading in any action, suit or proceeding instituted against it, such unauthorized insurer shall: (a) Deposit with the clerk of the court in which such action, suit or proceeding is pending, cash or securities, or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount determined by the court to be sufficient to secure the payment of any final judgment which may be rendered in such action, provided, however, that the court may in its discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to such court that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such action, suit or proceeding, and that such insurer will pay any final judgment rendered without requiring suit to be brought on such judgment in the state where such securities are located, or (b) Procure a certificate of authority to transact the business of insurance in this state. (2) In any action, suit or proceeding in which service is made in the manner provided in section 41-1207, [Idaho Code,] the court may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (1) of this section and to defend such action. (3) Nothing in subsection (1) of this section is to be construed to prevent an unauthorized foreign or alien insurer from filing a motion, in accordance with the applicable rules of civil procedure, to quash a writ or to set aside service thereof made in the manner provided in section 41-1207, [Idaho Code,] hereof on the ground either: (a) That such unauthorized insurer has not done any of the acts enumerated in section 41-1206, [Idaho Code,] or (b) That the person on whom service was made pursuant to subsection (2) of section 41-1207[, Idaho Code,] was not doing any of the acts therein enumerated.  History: [41-1208, added 1961, ch. 330, sec. 252, p. 645.]
ID Code § 41-1209 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1209 - UNAUTHORIZED INSURER FAILING TO PAY CLAIM — ATTORNEY FEES.

41-1209. UNAUTHORIZED INSURER FAILING TO PAY CLAIM — ATTORNEY FEES. In any action against an unauthorized foreign or alien insurer, upon a contract of insurance issued or delivered in this state to a resident thereof, or to a corporation authorized to do business therein, if the insurer has failed for thirty (30) days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in such action. Such fee shall not exceed twelve and one-half per cent (12 1/2%) of the amount which the court or jury finds the plaintiff is entitled to recover against the insurer, but in no event shall such fee be less than twenty-five dollars ($25.00). Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.  History: [41-1209, added 1961, ch. 330, sec. 253, p. 645.]
ID Code § 41-1210 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1210 - EXEMPTIONS FROM PROCESS ACT.

41-1210. EXEMPTIONS FROM PROCESS ACT. The provisions of this unauthorized insurers process act shall not apply to any action, suit or proceeding against any unauthorized foreign or alien insurer arising out of any contract of: (1) Reinsurance, ocean marine, aircraft or railway insurance; (2) Insurance effectuated in accordance with the surplus line law or any amendments or supplements thereto; (3) Insurance against legal liability arising out of the ownership, operation or maintenance of any property having a permanent situs outside this state; or (4) Insurance against loss of or damage to any property having a permanent situs outside this state; Where such contract of insurance contains a provision designating the director or a bona fide resident of Idaho to be the true and lawful attorney of such unauthorized insurer upon whom may be served all lawful process in any action, suit or proceeding instituted by or on behalf of an insured or beneficiary arising out of such contract or where the insurer enters a general appearance in any such suit, action or proceeding.  History: [41-1210, added 1961, ch. 330, sec. 254, p. 645.]
ID Code § 41-1211 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1211 - SURPLUS LINE LAW — SHORT TITLE — PURPOSE.

41-1211. SURPLUS LINE LAW — SHORT TITLE — PURPOSE. (1) Sections 41-1211 through 41-1234, Idaho Code, constitute and may be cited as the "surplus line law." (2) It is declared that the purposes of the surplus line law are to provide orderly access for the insuring public of Idaho to insurers not authorized to transact insurance in this state, through only qualified, licensed, and supervised surplus line brokers licensed in Idaho and under such safeguards for the insured as may be practical, for insurance coverages and to the extent thereof not procurable from authorized insurers; to protect such authorized insurers, which under the laws of Idaho must meet certain standards as to policy forms and rates, from unwarranted competition by unauthorized insurers who, in the absence of this law, would not be subject to similar requirements; and for other purposes as set forth in this law.  History: [41-1211, added 1961, ch. 330, sec. 255, p. 645; am. 1993, ch. 22, sec. 1, p. 79; am. 2002, ch. 91, sec. 1, p. 228.]
ID Code § 41-1212 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1212 - EXEMPTIONS FROM SURPLUS LINE LAW.

41-1212. EXEMPTIONS FROM SURPLUS LINE LAW. (1) The provisions of this surplus line law controlling the placing of insurance with unauthorized insurers shall not apply to reinsurance or, except as to subsection (2) below, to the following insurances when so placed by licensed agents or surplus line brokers of this state: (a) Ocean marine and foreign trade insurances. (b) Insurance on subjects located, resident, or to be performed wholly outside of this state, or on vehicles or aircraft owned and principally garaged outside this state. (c) Insurance on operations of railroads engaged in transportation in interstate commerce and their property used in such operations. (d) Insurance of aircraft owned or operated by manufacturers of aircraft, or of aircraft operated in commercial scheduled interstate flight, or cargo of such aircraft, or against liability, other than worker’s compensation and employer’s liability, arising out of the ownership, maintenance or use of such aircraft. (2) Brokers so placing any such insurance with an unauthorized insurer shall keep a full and true record of each such coverage in detail as required of surplus line insurance under this law. The record shall be preserved for not less than five (5) years from the effective date of the insurance and shall be kept available in this state and open to the examination of the director. The broker shall furnish to the director at his request and on forms as designated and furnished by him a report of all such coverages so placed in a designated calendar year. (3) The following sections apply only when the insured’s home state is Idaho: (a) Section 41-1214, Idaho Code (conditions for export); (b) Section 41-1215, Idaho Code (broker’s affidavit); (c) Section 41-1216, Idaho Code (open lines for export); (d) Section 41-1217, Idaho Code (eligible surplus lines insurers); (e) Section 41-1218, Idaho Code (eligible surplus line insurers — penalty for violation); (f) Section 41-1219, Idaho Code (evidence of the insurance — changes — penalty); (g) Section 41-1220, Idaho Code (endorsement of contract); (h) Section 41-1227, Idaho Code (records of broker); (i) Section 41-1228, Idaho Code (annual report of broker); (j) Section 41-1229, Idaho Code (tax on surplus lines); (k) Section 41-1233, Idaho Code (report and tax of independently procured coverages); (l) Section 41-1234, Idaho Code (records of insureds).  History: [41-1212, added 1961, ch. 330, sec. 256, p. 645; am. 1972, ch. 369, sec. 8, p. 1072; am. 2011, ch. 183, sec. 1, p. 517.]
ID Code § 41-1215 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1215 - BROKER’S AFFIDAVIT.

41-1215. BROKER’S AFFIDAVIT. At the time of procuring any such surplus line insurance the broker shall execute an affidavit, in form as prescribed or accepted by the director, setting forth facts from which it can be determined whether such insurance was eligible for export under section 41-1214, Idaho Code. The broker shall file, or cause to be filed, this affidavit with the director within thirty (30) days after the insurance policy is received by the broker.  History: [41-1215, added 1961, ch. 330, sec. 259, p. 645; am. 1993, ch. 22, sec. 3, p. 80; am. 2002, ch. 91, sec. 3, p. 228.]
ID Code § 41-1216 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1216 - OPEN LINES FOR EXPORT.

41-1216. OPEN LINES FOR EXPORT. (1) The director may by order or by rule declare eligible for export generally and without compliance with the provisions of sections 41-1214(2), 41-1214(3) and 41-1215, Idaho Code, any class or classes of insurance coverage or risk which he finds, consistent with the procedural requirements of chapter 52, title 67, Idaho Code, that there is no reasonable or adequate market among authorized insurers either as to acceptance of the risk, contract terms, or premium or premium rate. Any such order shall continue in effect during the existence of the conditions upon which predicated, but subject to earlier termination by the director. (2) The broker shall file with or as directed by the director a memorandum as to each such coverage placed by him in an unauthorized insurer, in such form and context as the director may reasonably require for the identification of the coverage and determination of the tax payable to the state relative thereto. (3) The broker, or a licensed Idaho agent of the authorized insurer, may also place with authorized insurers any insurance coverage made eligible for export generally under subsection (1) of this section and without regard to rate or form filings which may otherwise be applicable as to the authorized insurer. As to coverages so placed in an authorized insurer the premium tax thereon shall be reported and paid by the insurer as required generally under section 41-402, Idaho Code.  History: [41-1216, added 1961, ch. 330, sec. 260, p. 645; am. 2002, ch. 91, sec. 4, p. 228.]
ID Code § 41-1217 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1217 - ELIGIBLE SURPLUS LINES INSURERS.

41-1217. ELIGIBLE SURPLUS LINES INSURERS. (1) A broker shall not knowingly place surplus lines insurance with an insurer that is unsound financially, or that is ineligible under this section. (2) The director shall from time to time compile or approve a list of all surplus lines insurers deemed by him to be eligible currently, and shall cause to be sent a copy of such list to each broker at his office last of record with the director. This subsection shall not be deemed to require the director to determine the actual financial condition or claims practices of any unauthorized insurer; and the status of eligibility, if granted by the director, shall indicate only that the insurer appears to be sound financially and to have satisfactory claims practices, and that the director has no credible evidence to the contrary. While any such list is in effect the broker shall restrict to the insurers so listed all surplus lines business placed by him and a person who independently procures its own insurance pursuant to this chapter for risks located in Idaho shall only purchase surplus line insurance from insurers so listed. (3) An eligible surplus lines insurer shall notify the director of any change to the name of the insurer, its physical or mailing address, or its state of domicile, within sixty (60) days of such change.  History: [41-1217, added 1961, ch. 330, sec. 261, p. 645; am. 1969, ch. 214, sec. 39, p. 625; am. 1997, ch. 108, sec. 1, p. 252; am. 2002, ch. 91, sec. 5, p. 229; am. 2004, ch. 87, sec. 1, p. 322.]
ID Code § 41-1218 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1218 - ELIGIBLE SURPLUS LINE INSURERS — PENALTY FOR VIOLATION.

41-1218. ELIGIBLE SURPLUS LINE INSURERS — PENALTY FOR VIOLATION. (1) For any violation of section 41-1217, Idaho Code, the broker or a person who independently procures its own insurance shall, upon conviction thereof, be guilty of a misdemeanor punishable as provided in section 41-117, Idaho Code (general penalty). (2) 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 or entity who transacts or who attempts to transact insurance as a surplus lines insurer in violation of any provision of chapter 12, title 41, Idaho Code. Failure of any such person or entity to pay a fine imposed pursuant to the provisions of this section shall authorize the director to seek enforcement of the fine, and any associated costs and attorney’s fees related to bringing the action, in any district court of this state.  History: [41-1218, added 1961, ch. 330, sec. 262, p. 645; am. 1993, ch. 22, sec. 4, p. 81; am. 2002, ch. 91, sec. 6, p. 229; am. 2005, ch. 267, sec. 1, p. 828.]
ID Code § 41-1219 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1219 - EVIDENCE OF THE INSURANCE — CHANGES — PENALTY.

41-1219. EVIDENCE OF THE INSURANCE — CHANGES — PENALTY. (1) Upon placing a surplus line coverage, the broker shall promptly issue and deliver to the insured evidence of the insurance consisting either of the policy as issued by the insurer or, if such policy is not then available, a certificate showing the description and location of the subject of the insurance, coverage, conditions and term of the insurance, the premium and rate charged and taxes collected from the insured, and the name and address of the insured and insurer. If the direct risk is assumed by more than one insurer, the certificate shall state the name and address and proportion of the entire direct risk assumed by each such insurer. (2) No broker shall issue any such certificate or any cover note, or purport to insure or represent that insurance will be or has been granted by any unauthorized insurer, unless he has prior written authority from the insurer for the insurance, or has received information from the insurer in the regular course of business that such insurance has been granted, or an insurance policy providing the insurance actually has been issued by the insurer and delivered to the insured. (3) If after the issuance and delivery of any such certificate there is any change as to the identity of the insurers, or the proportion of the direct risk assumed by an insurer as stated in the broker’s original certificate, or in any other material respect as to the insurance coverage evidenced by the certificate, the broker shall promptly issue and deliver to the insured a substitute certificate accurately showing the current status of the coverage and the insurers responsible thereunder. (4) If a policy issued by the insurer is not available upon placement of the insurance and the broker has issued and delivered his certificate as hereinabove provided, upon request therefor by the insured the broker shall as soon as reasonably possible procure from the insurer its policy evidencing such insurance and deliver such policy to the insured in replacement of the broker’s certificate theretofore issued. (5) Any surplus line broker who knowingly issues a false certificate of insurance, or who knowingly fails promptly to notify the insured of any material change with respect to such insurance by delivery to the insured of a substitute certificate as provided in subsection (3) of this section, shall upon conviction, be subject to the penalties provided by section 41-117, Idaho Code, or to any greater applicable penalty otherwise provided by law.  History: [41-1219, added 1961, ch. 330, sec. 263, p. 645; am. 1997, ch. 108, sec. 2, p. 253.]
ID Code § 41-1220 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1220 - ENDORSEMENT OF CONTRACT.

41-1220. ENDORSEMENT OF CONTRACT. Every insurance contract procured and delivered as a surplus lines coverage pursuant to this law shall have stamped upon it, either in red ink with at least ten (10) point bold print or in black ink with at least twelve (12) point bold print, and bear the name of the surplus lines broker who procured it, the following: "This surplus line contract is issued pursuant to the Idaho insurance laws by an insurer not licensed by the Idaho Department of Insurance. There is no coverage provided for surplus line insurance by either the Idaho Insurance Guaranty Association or by the Idaho Life and Health Insurance Guaranty Association."  History: [41-1220, added 1961, ch. 330, sec. 264, p. 645; am. 1969, ch. 214, sec. 40, p. 625; am. 1993, ch. 22, sec. 5, p. 81; am. 2010, ch. 164, sec. 1, p. 338.]
ID Code § 41-1221 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1221 - SURPLUS LINE INSURANCE VALID.

41-1221. SURPLUS LINE INSURANCE VALID. Insurance contracts procured as surplus line coverage from unauthorized insurers in accordance with this law shall be fully valid and enforceable as to all parties, and shall be given recognition in all matters and respects to the same effect as like contracts issued by authorized insurers.  History: [41-1221, added 1961, ch. 330, sec. 265, p. 645.]
ID Code § 41-1222 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1222 - LIABILITY OF INSURER AS TO LOSSES AND UNEARNED PREMIUMS.

41-1222. LIABILITY OF INSURER AS TO LOSSES AND UNEARNED PREMIUMS. (1) As to a surplus line risk which has been assumed by an unauthorized insurer pursuant to this surplus line insurance law, and if the premium thereon has been received by the surplus line broker who placed such insurance, in all questions thereafter arising under the coverage as between the insurer and the insured the insurer shall be deemed to have received the premium due to it for such coverage; and the insurer shall be liable to the insured as to losses covered by such insurance, and for unearned premiums which may become payable to the insured upon cancelation of such insurance, whether or not in fact the broker is indebted to the insurer with respect to such insurance or for any other cause. (2) Each unauthorized insurer assuming a surplus line direct risk under this surplus lines insurance law shall be deemed thereby to have subjected itself to the terms of this section.  History: [41-1222, added 1961, ch. 330, sec. 266, p. 645.]
ID Code § 41-1223 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1223 - LICENSING OF SURPLUS LINE BROKERS.

41-1223. LICENSING OF SURPLUS LINE BROKERS. (1) Any individual while licensed as a producer licensed for property or casualty insurance who has had at least two (2) years’ experience as a producer for the lines of insurance for which he is seeking to be licensed as a surplus line broker, and who is deemed by the director to be competent and trustworthy with respect to the handling of surplus lines, may be licensed as a surplus line broker. (2) Application for the license shall be made to the director on forms as designated and furnished by the director. (3) The license and continuation fee shall be as set forth by rule pursuant to section 41-401, Idaho Code. (4) The license and licensee shall be subject to the applicable provisions of chapter 10, title 41, Idaho Code (producer licensing). (5) When a national insurance producer database of the national association of insurance commissioners, or other equivalent uniform national database, for the licensure of surplus line brokers is created, the director may participate in such database.  History: [41-1223, added 1961, ch. 330, sec. 267, p. 645; am. 1972, ch. 164, sec. 3, p. 376; am. 1976, ch. 118, sec. 3, p. 458; am. 2001, ch. 296, sec. 5, p. 1063; am. 2002, ch. 91, sec. 7, p. 230; am. 2011, ch. 183, sec. 4, p. 521.]
ID Code § 41-1224 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1224 - SUSPENSION OR REVOCATION OF BROKER’S LICENSE.

41-1224. SUSPENSION OR REVOCATION OF BROKER’S LICENSE. (1) The director may suspend or revoke any surplus line broker’s license: (a) If the broker fails to file his annual report or to remit the tax as required by this law; or (b) If the broker fails to keep the records, or to allow the director to examine his records in this state as required by this law; or (c) If the broker knowingly places a surplus line coverage in an insurer that is in unsound financial condition in violation of section 41-1217, Idaho Code; or (d) For any other applicable cause for which a producer’s license may be suspended or revoked. (2) The procedures provided by chapter 10, title 41, Idaho Code, for suspension or revocation of licenses shall apply to suspension or revocation of a surplus line broker’s license. (3) Upon suspending or revoking the broker’s surplus line license the director shall also suspend or revoke all other licenses of the same individual under this code. (4) No broker whose license has been so suspended or revoked shall again be so licensed until any fines or delinquent taxes owing by him have been paid, nor, in case of revocation, until after expiration of one (1) year from date revocation became final.  History: [41-1224, added 1961, ch. 330, sec. 268, p. 645; am. 1972, ch. 164, sec. 4, p. 376; am. 1997, ch. 108, sec. 3, p. 254; am. 2002, ch. 91, sec. 8, p. 230.]
ID Code § 41-1226 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES|Section 41-1226 - ACCEPTANCE OF BUSINESS FROM AGENTS.

41-1226. ACCEPTANCE OF BUSINESS FROM AGENTS. A licensed surplus line broker may accept and place surplus line business for any insurance agent licensed in this state for the kind of insurance involved, and may compensate the agent therefor.  History: [41-1226, added 1961, ch. 330, sec. 270, p. 645.]