reglab/housing_qa huggingface dataset:
ID Code § 41-3237 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 32 - FRATERNAL BENEFIT SOCIETIES|Section 41-3237 - EXEMPTION OF CERTAIN SOCIETIES.

41-3237. EXEMPTION OF CERTAIN SOCIETIES. (1) Nothing contained in this chapter shall be so construed as to affect or apply to: (a) Grand or subordinate lodges of societies, orders or associations now doing business in this state which provide benefits exclusively through local or subordinate lodges; (b) Orders, societies or associations which admit to membership only persons engaged in one (1) or more crafts or hazardous occupations, in the same or similar lines of business; and the ladies societies or ladies auxiliaries to such orders, societies or associations; (c) Domestic societies which limit their membership to employees of a particular city, designated firm, business house or corporation which provide for a death benefit of not more than four hundred dollars ($400) or disability benefits of not more than three hundred fifty dollars ($350) to any person in any one (1) year, or both; (d) Domestic societies or associations of a purely religious, charitable or benevolent description, which provide for a death benefit of not more than four hundred dollars ($400) or for disability benefits of not more than three hundred fifty dollars ($350) to any one (1) person in any one (1) year, or both. (2) Any such society or association described in subparagraphs (1)(c) and (1)(d) of this section which provides for death or disability benefits for which benefit certificates are issued, and any such society or association included in subparagraph (1)(d) of this section which has more than one thousand (1,000) members, shall not be exempted from the provisions of this chapter but shall comply with all requirements thereof. (3) No society which, by the provisions of this section, is exempt from the requirements of this chapter, except any society described in subparagraph (1)(b) of this section, shall give or allow, or promise to give or allow to any person any compensation for procuring new members. (4) Every fraternal benefit society heretofore organized and incorporated and which provides exclusively for benefits in case of death or disability resulting solely from accident, and which does not obligate itself to pay natural death or sick benefits shall have all of the privileges and be subject to all the applicable provisions of this chapter except that the privileges thereof relating to medical examination, valuations of benefit certificates, and incontestability shall not apply to such society. (5) The director may require from any society or association, by examination or otherwise, such information as will enable the director to determine whether such society or association is exempt from the provisions of this chapter. (6) Societies exempted under the provisions of this section shall also be exempt from all other provisions of the insurance laws of this state.  History: [41-3237, added 1995, ch. 213, sec. 2, p. 740.]
ID Code § 41-3238 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 32 - FRATERNAL BENEFIT SOCIETIES|Section 41-3238 - REVIEW.

41-3238. REVIEW. All decisions and findings of the director made under the provisions of this chapter shall be subject to review by proper proceedings in any court of competent jurisdiction in this state.  History: [41-3238, added 1995, ch. 213, sec. 2, p. 741.]
ID Code § 41-3239 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 32 - FRATERNAL BENEFIT SOCIETIES|Section 41-3239 - OTHER PROVISIONS APPLICABLE.

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.]
ID Code § 41-3301 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3301 - CONSTRUCTION AND PURPOSE.

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.]
ID Code § 41-3302 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3302 - PERSONS COVERED.

41-3302. PERSONS COVERED. The proceedings authorized by this act may be applied to: (1) All insurers who are doing, or have done, an insurance business in this state, and against whom claims arising from that business may exist now or in the future. (2) All insurers who purport to do an insurance business in this state. (3) All insurers who have insureds resident in this state. (4) All other persons organized or in the process of organizing with the intent to do an insurance business in this state. (5) All nonprofit service plans and all fraternal benefit societies and beneficial societies. (6) All title insurance companies.  History: [41-3302, added 1981, ch. 249, sec. 2, p. 504.]
ID Code § 41-3304 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3304 - JURISDICTION AND VENUE.

41-3304. JURISDICTION AND VENUE. (1) No delinquency proceeding shall be commenced under this chapter by anyone other than the director of this state and no court shall have jurisdiction to entertain, hear or determine any proceeding commenced by any other person. (2) No court of this state shall have jurisdiction to entertain, hear or determine any complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation or receivership of any insurer, or praying for an injunction or restraining order or other relief preliminary to, incidental to or relating to such proceedings other than in accordance with this chapter. (3) In addition to other grounds for jurisdiction provided by the laws of this state, a court of this state having jurisdiction of the subject matter has jurisdiction over a person served pursuant to the Idaho rules of civil procedure or other applicable provisions of law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this state: (a) If the person served is obligated to the insurer in any way as an incident to any agency or brokerage arrangement that may exist or has existed between the insurer and the agent or broker, in any action on or incident to the obligation; or (b) If the person served is a reinsurer who has at any time written a policy of reinsurance for an insurer against which a rehabilitation or liquidation order is in effect when the action is commenced, or is an agent or broker of or for the reinsurer, in any action on or incident to the reinsurance contract; or (c) If the person served is or has been an officer, manager, trustee, organizer, promoter, or person in a position of comparable authority or influence in an insurer, against which a rehabilitation or liquidation order is in effect when the action is commenced, in any action resulting from such a relationship with the insurer. (4) If the court on motion of any party finds that any action should as a matter of substantial justice be tried in a forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this state. (5) All actions herein authorized shall be brought in the district court for Ada county, state of Idaho.  History: [41-3304, added 1981, ch. 249, sec. 2, p. 506.]
ID Code § 41-3305 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3305 - INJUNCTIONS AND ORDERS.

41-3305. INJUNCTIONS AND ORDERS. (1) Any receiver appointed in a proceeding under this act, may at any time apply for and any court of general jurisdiction may grant, such restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent: (a) The transaction of further business; (b) The transfer of property; (c) Interference with the receiver or with a proceeding under this act; (d) Waste of the insurer’s assets; (e) Dissipation and transfer of bank accounts; (f) The institution or further prosecution of any actions or proceedings; (g) The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets or its policyholders; (h) The levying of execution against the insurer, its assets, or its policyholders; (i) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer; or (j) The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or (k) Any other threatened or contemplated action that might lessen the value of the insurer’s assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of any proceeding under this act. (2) The receiver may apply to any court outside of the state for the relief described in subsection (1) of this section.  History: [41-3305, added 1981, ch. 249, sec. 2, p. 507.]
ID Code § 41-3306 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3306 - COOPERATIONS OF OFFICERS, OWNERS, AND EMPLOYEES.

41-3306. COOPERATIONS OF OFFICERS, OWNERS, AND EMPLOYEES. (1) Any officer, manager, director, trustee, owner, employee, or agent of any insurer, or any other persons with authority over or in charge of any segment of the insurer’s affairs, shall cooperate with the director in any proceeding under this act or any investigation preliminary to the proceeding. The term "person," as used in this section, shall include any person who exercises control directly or indirectly over activities of an insurer through any holding company or other affiliate of the insurer. "To cooperate" shall include, but shall not be limited to, the following: (a) To reply promptly in writing to any inquiry from the director requesting such a reply; and (b) To make available to the director any books, accounts, documents, or other records or information or property of or pertaining to the insurer and in his possession, custody or control. (2) No person shall obstruct or interfere with the director in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto. (3) This section shall not be construed to abridge otherwise existing legal rights, including the right to resist a petition for liquidation or other delinquency proceedings, or other orders. (4) Any person included within subsection (1) of this section who fails to cooperate with the director, or any person who obstructs or interferes with the director in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto, or who violates any order the director issued validly under this act may: (a) Be sentenced to pay a fine not exceeding ten thousand dollars ($10,000) or to undergo imprisonment for a term of not more than one (1) year, or both; or (b) After a hearing, be subject to the imposition by the director, of a civil penalty not to exceed ten thousand dollars ($10,000) and shall be subject further to the revocation or suspension of any insurance licenses issued by the director.  History: [41-3306, added 1981, ch. 249, sec. 2, p. 508.]
ID Code § 41-3307 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3307 - BONDS.

41-3307. BONDS. In any proceeding under this act, the director and his deputies shall be responsible on their official bonds for the faithful performance of their duties. If the court deems it desirable for the protection of the assets, it may at any time require an additional bond from the director or his deputies, and such bonds shall be paid for out of the assets of the insurer as a cost of administration.  History: [41-3307, added 1981, ch. 249, sec. 2, p. 508.]
ID Code § 41-3308 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3308 - CONTINUATION OF DELINQUENCY PROCEEDINGS.

41-3308. CONTINUATION OF DELINQUENCY PROCEEDINGS. Every proceeding heretofore commenced under the laws in effect before the enactment of this act shall be deemed to have commenced under this act for the purpose of conducting the proceeding henceforth, except that in the discretion of the director the proceeding may be continued, in whole or in part, as it would have been continued had this act not been enacted.  History: [41-3308, added 1981, ch. 249, sec. 2, p. 508.]
ID Code § 41-3310 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3310 - COURT’S SEIZURE ORDER.

41-3310. COURT’S SEIZURE ORDER. (1) The director may file in the district court of this state a petition alleging, with respect to a domestic insurer: (a) That any grounds exist that would justify a court order for a formal delinquency proceeding against an insurer under this act; (b) That the interests of policyholders, creditors, or the public will be endangered by delay; and (c) The contents of an order deemed necessary by the director. (2) Upon a filing under subsection (1) of this section, the court may issue forthwith, ex parte and without a hearing, the requested order which shall direct the director to take possession and control of all or a part of the property, books, accounts, documents, and other records of an insurer, and of the premises occupied by it for transaction of its business, and until further order of the court enjoin the insurer and its officers, managers, agents, and employees from disposition of its property and from transaction of its business except with the written consent of the director. (3) The court shall specify in the order what its duration shall be, which shall be such time as the court deems necessary for the director to ascertain the condition of the insurer. On motion of either party or on its own motion, the court may from time to time hold such hearings as it deems desirable after such notice as it deems appropriate, and may extend, shorten, or modify the terms of the seizure order. The court shall vacate the seizure order if the director fails to commence a formal proceeding under this act after having had a reasonable opportunity to do so. An order of the court pursuant to a formal proceeding under this act shall ipso facto vacate the seizure order. (4) Entry of a seizure order under the provisions of this section shall not constitute an anticipatory breach of any contract of the insurer. (5) An insurer subject to an ex parte order under the provisions of this section may petition the court at any time after the issuance of such order for a hearing and review of the order. The court shall hold such a hearing and review not more than fifteen (15) days after the request. A hearing under the provisions of this subsection may be held privately in chambers and it shall be so held if the insurer proceeded against so requests. (6) If, at any time after the issuance of such an order, it appears to the court that any person whose interest is or will be substantially affected by the order did not appear at the hearing and has not been served, the court may order that notice be given. An order that notice be given shall not stay the effect of any order previously issued by the court.  History: [41-3310, added 1981, ch. 249, sec. 2, p. 510.]
ID Code § 41-3311 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3311 - HEARINGS.

41-3311. HEARINGS. In all proceedings and judicial reviews thereof under sections 41-3309 and 41-3310, Idaho Code, all records of the insurer, other documents, and all insurance department files and court records and papers, so far as they pertain to or are a part of the record of the proceedings, shall be subject to disclosure according to chapter 1, title 74, Idaho Code.  History: [41-3311, added 1981, ch. 249, sec. 2, p. 511; am. 1990, ch. 213, sec. 58, p. 526; am. 2015, ch. 141, sec. 112, p. 462.]
ID Code § 41-3313 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3313 - REHABILITATION ORDERS.

41-3313. REHABILITATION ORDERS. (1) An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this state, shall appoint the director and his successors in office the rehabilitator, and shall direct the rehabilitator forthwith to take possession of the assets of the insurer, and to administer them under the general supervision of the court. The filing or recording of the order with the clerk of the district court or recorder of deeds of the county in which the principal business of the company is conducted, or the county in which its principal office or place of business is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted. The order to rehabilitate the insurer shall by operation of law vest title to all assets of the insurer in the rehabilitator. (2) Any order issued under this section shall require accounting to the court by the rehabilitator. Accountings shall be at such intervals as the court specifies in its order. (3) Entry of an order of rehabilitation shall not constitute an anticipatory breach of any contracts of the insurer.  History: [41-3313, added 1981, ch. 249, sec. 2, p. 513.]
ID Code § 41-3315 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3315 - ACTIONS BY AND AGAINST REHABILITATOR.

41-3315. ACTIONS BY AND AGAINST REHABILITATOR. (1) Any court in this state before which any action or proceeding in which the insurer is a party or is obligated to defend a party is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for ninety (90) days and such additional time as is necessary for the rehabilitator to obtain proper representation and prepare for further proceedings. The rehabilitator shall take such action respecting the pending litigation as he deems necessary in the interests of justice and for the protection of creditors, policyholders, and the public. The rehabilitator shall immediately consider all litigation pending outside this state and shall petition the courts having jurisdiction over that litigation for stays whenever necessary to protect the estate of the insurer. (2) No statute of limitations or defense of laches shall run with respect to any action by or against an insurer between the filing of a petition for appointment of a rehabilitator for that insurer and the order granting or denying that petition. Any action by or against the insurer that might have been commenced when the petition was filed may be commenced for at least sixty (60) days after the order of rehabilitation is entered or the petition is denied. (3) Any guaranty association or foreign guaranty association covering life or health insurance or annuities shall have standing to appear in any court proceeding concerning the rehabilitation of a life or health insurer if such association is or may become liable to act as a result of the rehabilitation.  History: [41-3315, added 1981, ch. 249, sec. 2, p. 514.]
ID Code § 41-3316 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION|Section 41-3316 - TERMINATION OF REHABILITATION.

41-3316. TERMINATION OF REHABILITATION. (1) Whenever the director believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders, or the public, or would be futile, the director may petition the district court for an order of liquidation. A petition under the provisions of this subsection shall have the same effect as a petition under the provisions of section 41-3317, Idaho Code. The district court shall permit the directors of the insurer to take such actions as are reasonably necessary to defend against the petition and may order payment from the estate of the insurer of such costs and other expenses of defense as justice may require. 2 (2) The rehabilitator may at any time petition the district court for an order terminating rehabilitation of an insurer. The court shall also permit the directors of the insurer to petition the court for an order terminating rehabilitation of the insurer and may order payment from the estate of the insurer of such costs and other expenses of such petition as justice may require. If the district court finds that rehabilitation has been accomplished and that grounds for rehabilitation under the provisions of section 41-3312, Idaho Code, no longer exist, it shall order that the insurer be restored to possession of its property and the control of its business. The district court may also make that finding and issue that order at any time upon its own motion.  History: [41-3316, added 1981, ch. 249, sec. 2, p. 515.]