reglab/housing_qa huggingface dataset:
ID Code § 41-1328B (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1328B - DEFINITIONS.

41-1328B. DEFINITIONS. For the purposes of sections 41-1328A through 41-1328D, Idaho Code, the following definitions apply: (1) "Aftermarket crash part" means a replacement part for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels. (2) "Installer" means an individual who actually does the work of replacing or repairing parts of a motor vehicle. (3) "Insurer" means an insurance company and any person authorized to represent the insurer with respect to a claim. (4) "Nonoriginal equipment manufacturer (non-OEM) aftermarket crash part" means a replacement part not made for or by the manufacturer of the motor vehicle. (5) "Repair facility" means any motor vehicle dealer, garage, body shop or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.  History: [41-1328B, added 1990, ch. 156, sec. 1, p. 342.]
ID Code § 41-1328C (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1328C - IDENTIFICATION OF PARTS.

41-1328C. IDENTIFICATION OF PARTS. Any aftermarket crash part supplied by a nonoriginal equipment manufacturer for use in this state shall have affixed thereto or inscribed thereon the logo or name of its manufacturer. Such manufacturer’s logo or name shall be visible after installation whenever practicable.  History: [41-1328C, added 1990, ch. 156, sec. 1, p. 342.]
ID Code § 41-1328D (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1328D - USE OF PARTS — DISCLOSURE.

41-1328D. USE OF PARTS — DISCLOSURE. It shall be an unfair claim settlement practice for an insurer to specify the use of nonoriginal equipment manufacturer aftermarket crash parts in the repair of an insured’s motor vehicle, or for a repair facility or installer to use non-OEM aftermarket crash parts to repair a vehicle, if the consumer has not been advised in writing. In all instances where non-OEM aftermarket crash parts are intended for use by an insurer: (1) The written estimate shall clearly identify each such part intended for use, and (2) A disclosure document containing the following information in ten (10) point or larger type shall appear on or be attached to the insured’s copy of the estimate: "This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle.".  History: [41-1328D, added 1990, ch. 156, sec. 1, p. 342.]
ID Code § 41-1329 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1329 - UNFAIR CLAIM SETTLEMENT PRACTICES.

41-1329. UNFAIR CLAIM SETTLEMENT PRACTICES. Pursuant to section 41-1302, Idaho Code, committing or performing any of the following acts or omissions intentionally, or with such frequency as to indicate a general business practice shall be deemed to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance: (1) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue; (2) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies; (3) Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies; (4) Refusing to pay claims without conducting a reasonable investigation based upon all available information; (5) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed; (6) Not attempting in good faith to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear; (7) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds; (8) Attempting to settle a claim for less than the amount to which a reasonable man would have believed he was entitled by reference to written or printed advertising material accompanying or made part of an application; (9) Attempting to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of the insured; (10) Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which the payments are being made; (11) Making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration; (12) Delaying the investigation or payment of claims by requiring an insured, claimant, or the physician of either to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information; (13) Failing to promptly settle claims, where liability has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage; or (14) Failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement.  History: [41-1329, added 1977, ch. 218, sec. 2, p. 655; am. 1987, ch. 278, sec. 12, p. 583.]
ID Code § 41-1329A (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1329A - UNFAIR CLAIMS SETTLEMENT PRACTICES — PENALTY.

41-1329A. UNFAIR CLAIMS SETTLEMENT PRACTICES — PENALTY. The director, if he finds after a hearing, that an insurer has violated the provisions of section 41-1329, Idaho Code, may, in his discretion, impose an administrative penalty not to exceed ten thousand dollars ($10,000) to be deposited by the director as provided in section 41-406, Idaho Code, and may, in addition to the fine, or in the alternative to the fine, refuse to continue or suspend or revoke an insurer’s certificate of authority.  History: [41-1329A, added 1987, ch. 278, sec. 13, p. 584.]
ID Code § 41-1330 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1330 - FAILURE TO MAINTAIN COMPLAINT HANDLING PROCEDURES.

41-1330. FAILURE TO MAINTAIN COMPLAINT HANDLING PROCEDURES. Every authorized insurer shall maintain a complete record of all the complaints which it has received since the date of its last examination under section 41-219, Idaho Code. This record shall indicate on a state by state basis, the total number of complaints, their classification by line of insurance, the nature of each complaint, the disposition of these complaints, and the time it took to process each complaint. For purposes of this section, "complaint" shall mean any written communication primarily expressing a grievance.  History: [41-1330, added 1977, ch. 218, sec. 3, p. 656.]
ID Code § 41-1331 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1331 - CLAIMS FORMS STATEMENT.

41-1331. CLAIMS FORMS STATEMENT. (1) All claims forms may contain a statement that clearly states in substance the following: "Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony." The lack of such a statement shall not constitute a defense against prosecution under this section. (2) For the purposes of this section, "statement" includes, but is not limited to, any notice, statement, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, x-ray test results, or other evidence of loss, injury, or expense.  History: [41-1331, added 1981, ch. 23, sec. 4, p. 41; am. 1982, ch. 178, sec. 1, p. 466.]
ID Code § 41-1332 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1332 - RETURN OF UNEARNED PREMIUM FOR DISABILITY POLICIES.

41-1332. RETURN OF UNEARNED PREMIUM FOR DISABILITY POLICIES. Upon the death of a disability policyholder, the insurer shall immediately return any applicable unearned premium on a prorated basis for the period beginning with the month after the month of death for which there is no risk or loss to the company. Violation of the provisions of this section shall subject the insurer to an administrative penalty not to exceed five thousand dollars ($5,000) for deposit in the general account of the state of Idaho. The provisions of this section shall not apply to credit disability insurance policies.  History: [41-1332, added 1989, ch. 140, sec. 1, p. 330.]
ID Code § 41-1333 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1333 - REFUND OF UNEARNED HEALTH INSURANCE PREMIUMS.

41-1333. REFUND OF UNEARNED HEALTH INSURANCE PREMIUMS. If an insured person, insured person’s estate or entity cancels a health insurance policy for any reason, the insurer or other entity regulated pursuant to the provisions of this title shall refund the pro rata portion of the unused collected premium to the beginning of the next monthly billing cycle. As used in this section the term "health insurance policy" shall refer to a contract entered into pursuant to the provisions of this title for which payment or reimbursement is rendered to a claimant or health care provider for the claimant’s utilization of health care services which is any service rendered to an individual for diagnosis, relief or treatment of any injury, ailment or bodily condition. As used in this section "unused collected premium" shall mean that portion of any premium collected which is not used, on a pro rata basis to the beginning of the next monthly billing cycle at the time of cancellation, by the insurer or other entity regulated pursuant to this title to insure against loss as there is no risk of loss from the insured individual, or that portion of any collected premium which would have not been collected had the insured paid monthly.  History: [41-1333, added 1993, ch. 339, sec. 1, p. 1271.]
ID Code § 41-1334 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1334 - DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION.

41-1334. DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION. (1) No person required to be licensed or authorized pursuant to title 41, Idaho Code, shall disclose any nonpublic personal information contrary to the provisions of title V of the Gramm-Leach-Bliley act of 1999, public law 106-102. (2) The director may adopt rules necessary to carry out this section. The rules shall be consistent with the provisions of title V of the Gramm-Leach-Bliley act of 1999. (3) Nothing in this section shall be construed to create a private cause of action.  History: [41-1334, added 2002, ch. 5, sec. 1, p. 5.]
ID Code § 41-1335 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1335 - RELEASE OF PATIENT IDENTIFIABLE PRESCRIPTION INFORMATION PROHIBITED — EXCEPTIONS.

41-1335. RELEASE OF PATIENT IDENTIFIABLE PRESCRIPTION INFORMATION PROHIBITED — EXCEPTIONS. (1) No person shall release or sell, or include in any policy of insurance delivered or issued for delivery in this state any provision for the release or sale of any information pertaining to prescriptions, drug orders, records or any other prescription information that specifically identifies an individual insured, except as authorized under the provisions of section 54-1727, Idaho Code. (2) In addition to any other penalties provided by law, any person violating the provisions of this section shall be subject to an administrative penalty not to exceed three thousand dollars ($3,000) for each violation. (3) No person who releases records or information specified in subsection (1) of this section in good faith pursuant to the provisions of section 54-1727, Idaho Code, shall be subject to penalty or liability, nor shall a cause of action exist against such person, for any loss or damage based upon the release of the records or information.  History: [41-1335, added 2000, ch. 189, sec. 2, p. 467.]
ID Code § 41-1336 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1336 - REQUIREMENTS FOR COMPLIANCE.

41-1336. REQUIREMENTS FOR COMPLIANCE. It shall be a violation of this chapter for an insurer to fail to comply with the requirements applicable to insurers under chapter 12, title 32, Idaho Code.  History: [41-1336, added 2003, ch. 304, sec. 12, p. 838.]
ID Code § 41-1337 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1337 - LIFE INSURANCE — PAYMENT OF INTEREST ON BENEFITS.

41-1337. LIFE INSURANCE — PAYMENT OF INTEREST ON BENEFITS. (1) An insurer shall pay the proceeds of any benefits under a policy of life insurance not more than thirty (30) days after the insurer has received satisfactory proof of death of the insured. Except as provided in subsection (2) of this section, if the proceeds are not paid within the thirty (30) day period, the insurer shall also pay interest on the proceeds from the date of death of the insured to the date when the proceeds are paid. (2) If satisfactory proof of death is received more than one hundred eighty (180) days after the death of the insured and the death benefits are not paid within thirty (30) days after satisfactory proof of death has been received by the insurer, interest shall accrue from the date on which satisfactory proof was received by the insurer to the date when proceeds are paid. (3) The rate of interest to be paid by the insurer under subsections (1) and (2) of this section shall be the current rate of interest on death proceeds on deposit with the insurer; provided however, that if the insurer holds its deposits in a noninterest-bearing account or in an account bearing less than two percent (2%) interest per annum, the rate of interest to be paid shall be the one (1) month United States government securities treasury constant maturity rate as disclosed in the federal reserve statistical release publication H.15, selected interest rates, as of the first of the month preceding the date of death, plus two (2) percentage points. (4) A payment of interest shall not be required under this section in any case in which the beneficiary elects to receive the proceeds under the policy by any means other than a lump sum payment.  History: [(41-1337) 41-1336, added 2003, ch. 85, sec. 1, p. 261; am. and redesig. 2004, ch. 318, sec. 11, p. 899.]
ID Code § 41-1338 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 13 - TRADE PRACTICES AND FRAUDS|Section 41-1338 - UNINSURED VEHICLE TRACKING — PENALTIES.

41-1338. UNINSURED VEHICLE TRACKING — PENALTIES. Tracking uninsured vehicles through online insurance verification is an important policy of the state of Idaho that requires the participation of all auto insurers. Failure to comply with the provisions of section 49-1234, Idaho Code, shall constitute a wrongful practice and the insurer shall be subject to penalties pursuant to section 41-327, Idaho Code.  History: [41-1338, added 2016, ch. 141, sec. 2, p. 408.]
ID Code § 41-1401 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 14 - PROPERTY INSURANCE RATES|Section 41-1401 - SCOPE OF CHAPTER.

41-1401. SCOPE OF CHAPTER. (1) Except as provided in section 41-1619 (other provisions applicable, workmen’s compensation rates), and except as provided in subsection (3) below, this chapter applies to property, marine and transportation, inland marine, casualty (other than workmen’s compensation coverages) and surety (other than the insurance or guaranty of the obligations of employers under workmen’s compensation laws) insurances, as such property, marine and transportation, casualty and surety insurances are defined in chapter 5, title 41, Idaho Code, on risks located or operations to be performed in this state. (2) "Inland marine" insurance shall be deemed to include insurance now or hereafter defined by statute, or by interpretation thereof, or if not so defined or interpreted, by ruling of the director, or as established by general custom of the business, as inland marine insurance. (3) This chapter shall further not apply as to: (a) Reinsurance, other than joint reinsurance to the extent stated in section 41-1426; (b) Insurance of vessels or craft, their cargos, marine builders’ risks, marine protection and indemnity; or other risks commonly insured under marine, as distinguished from inland marine, insurance policies; (c) Insurance against loss of or damage to aircraft or against liability arising out of ownership, maintenance or use of aircraft, nor to insurance of hulls of aircraft, including their accessories and equipment; (d) Any domestic self-insurer for fire; or (e) Any reciprocal insurer writing hazards or perils for its members exclusively associated with a single industry.  History: [41-1401, added 1961, ch. 330, sec. 306, p. 645; am. 1969, ch. 306, sec. 1, p. 917.]
ID Code § 41-1402 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 14 - PROPERTY INSURANCE RATES|Section 41-1402 - PURPOSE OF LAW — INTERPRETATION.

41-1402. PURPOSE OF LAW — INTERPRETATION. (1) The purpose of this chapter is to promote the public welfare by regulating insurance rates as herein provided to the end that they shall not be excessive, inadequate or unfairly discriminatory, and to authorize and regulate cooperative action among insurers in rate making and in other matters within the scope of this chapter. (2) It is the express intent of this chapter to permit and encourage competition between insurers on a sound financial basis, and nothing in this chapter is intended to give the director power to fix and determine a rate level by classification or otherwise. (3) This chapter shall be liberally interpreted to carry into effect the provisions of this section.  History: [41-1402, added 1961, ch. 330, sec. 307, p. 645; am. 1969, ch. 306, sec. 2, p. 917.]
ID Code § 41-1405 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 14 - PROPERTY INSURANCE RATES|Section 41-1405 - RATE STANDARDS.

41-1405. RATE STANDARDS. (1) Rates shall not be excessive, inadequate or unfairly discriminatory. (2) No rate shall be held to be excessive unless the director finds that: (a) Such rate is unreasonably high for the insurance provided, and (b) A reasonable degree of competition does not exist in Idaho with respect to the classification to which the rate is applicable. (3) No rate shall be held to be inadequate unless the director finds that: (a) Such rate is unreasonably low for the insurance provided and the continued use of such rate endangers the solvency of the insurer using the same, or (b) Such rate is unreasonably low for the insurance provided and the use of such rate by the insurer using the same has, or if continued will have, the effect of destroying competition or creating a monopoly. (4) Neither of such findings shall be made by the director except after a hearing on reasonable notice. (5) Nothing contained in this chapter shall be construed to repeal or modify the provisions of chapter 13, title 41 (trade practices and frauds), Idaho Code, and any rate, rating classification, rating plan or schedule, or variation thereof, established in violation of any of such provisions shall, in addition to the consequences stated in such chapter or elsewhere, be deemed a violation of this section.  History: [41-1405, added 1961, ch. 330, sec. 310, p. 645; am. 1969, ch. 306, sec. 3, p. 917; am. 1977, ch. 142, sec. 6, p. 308.]
ID Code § 41-1415 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 14 - PROPERTY INSURANCE RATES|Section 41-1415 - RATING ORGANIZATIONS — LICENSING.

41-1415. RATING ORGANIZATIONS — LICENSING. (1) Any person, corporation, unincorporated association, partnership or individual, whether located within or outside this state, not an officer or employee of any insurer, may apply to the director for a license as a rate making organization for such kinds of insurance or subdivisions or classes of risk or part or combination thereof as are specified in its application. Any property insurance rating bureau licensed under the provisions of this chapter, except a crop hail or nuclear energy insurance rating bureau, shall be entirely independent in its operation and management and shall not be a branch or division of any other property insurance rating bureau. A property insurance rating organization shall establish and maintain a rate making office in this state, and to the extent reasonably possible shall maintain in such office all the files and records relating to the rates currently made by such rating organization and the making thereof; but this provision does not apply as to marine or inland marine or crop hail insurance rating organizations. (2) As part of its application the rating organization shall file with the director: (a) Copy of its constitution, its articles of agreement or association or its certificate of incorporation, and of its by-laws, rules and regulations governing the conduct of its business; (b) A list of its members and subscribers; (c) The name and address of a resident of this state upon whom notices or orders of the director or process affecting the rating organization may be served; and (d) A statement of its qualifications as a rating organization. (3) If the director finds that the applicant is competent, trustworthy and otherwise qualified to act as a rating organization, and that its constitution, articles of agreement or association or certificate of incorporation, and its by-laws, rules and regulations governing the conduct of its business conform to the requirements of law, he shall issue a license specifying the kinds of insurance or subdivision or class of risk or part or combination thereof for which the applicant is authorized to act as a rating organization. Every such application shall be granted or denied in whole or in part by the director within sixty (60) days of the date of its filing with him.  History: [41-1415, added 1961, ch. 330, sec. 320, p. 645; am. 1966 (2nd E.S.), ch. 2, sec. 1, p. 12; am. 1969, ch. 306, sec. 4, p. 917.]
ID Code § 41-1416 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 14 - PROPERTY INSURANCE RATES|Section 41-1416 - PERIOD LICENSE EFFECTIVE — RENEWAL — FEE — SUSPENSION OR REVOCATION.

41-1416. PERIOD LICENSE EFFECTIVE — RENEWAL — FEE — SUSPENSION OR REVOCATION. (1) Licenses issued to rating organizations under section 41-1415, Idaho Code, shall remain in effect for one (1) year, unless sooner suspended or revoked by the director, and may be renewed for successive periods of one (1) year each upon application of the rating organization and payment in advance of the license fee. (2) The fee for the license shall be in the amount set forth by rule pursuant to section 41-401, Idaho Code. (3) The director may suspend or revoke the license if he finds, after a hearing thereon of which notice was duly given to the rating organization, that the rating organization no longer meets the requirements of section 41-1415, Idaho Code, or for failure to comply with the director’s order as provided in section 41-1432, Idaho Code.  History: [41-1416, added 1961, ch. 330, sec. 321, p. 645; am. 2001, ch. 85, sec. 5, p. 214.]