reglab/housing_qa huggingface dataset:
ID Code § 41-334 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS|Section 41-334 - SERVING PROCESS — TIME TO PLEAD.

41-334. SERVING PROCESS — TIME TO PLEAD. (1) Duplicate copies of legal process against an insurer for whom the director is attorney, shall be served upon him either by a person competent to serve a summons or by registered or certified mail. At the time of service the plaintiff shall pay to the director an appropriate fee not in excess of thirty dollars ($30.00) which fee shall be determined by rule and regulation. (2) The director shall forthwith send one (1) of the copies of the process, by registered or certified mail with return receipt requested, to the person designated for the purpose by the insurer in its most recent such designation filed with the director. (3) The director shall keep a record of the day of service upon him of all legal process. No proceedings shall be had against the insurer, and the insurer shall not be required to appear, plead, or answer until the expiration of thirty (30) days after the date of service upon the director. (4) Process served upon the director and copy thereof forwarded as in this section provided shall for all purposes constitute valid and binding service thereof upon the insurer.  History: [41-334, added 1961, ch. 330, sec. 97, p. 645; am. 1972, ch. 369, sec. 5, p. 1072; am. 1977, ch. 142, sec. 1, p. 303; am. 1979, ch. 122, sec. 1, p. 375; am. 1988, ch. 345, sec. 1, p. 1024.]
ID Code § 41-336 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS|Section 41-336 - REVIEW OF ANNUAL STATEMENT — ADDITIONAL INFORMATION.

41-336. REVIEW OF ANNUAL STATEMENT — ADDITIONAL INFORMATION. (1) As soon as reasonably possible after the insurer has filed its annual statement with him, the director shall review the same and require correction of such errors or omissions in the statement as appear from such review. (2) Any company transacting business in this state may be required by the director, when he considers such action to be necessary for the protection of policyholders, creditors, shareholders or claimants, to file a supplementary summary financial statement in a format prescribed by the director. Supplementary summary financial statements shall be due within sixty (60) days after notice is mailed to the company by the director requesting such statement. No company shall be required to file more than four (4) supplementary summary statements during any consecutive twelve (12) month period. The director may, at his discretion, require the annual statement be certified by an independent actuary deemed competent by the director or by an independent certified public accountant. (3) In addition to information called for and furnished in connection with its annual statement, an insurer shall promptly furnish to the director such other or further information with respect to any of its transactions or affairs as the director may from time to time request in writing.  History: [41-336, added 1961, ch. 330, sec. 99, p. 645; am. 1991, ch. 277, sec. 2, p. 719.]
ID Code § 41-337 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS|Section 41-337 - RESIDENT AGENT, COUNTERSIGNATURE LAW.

41-337. RESIDENT AGENT, COUNTERSIGNATURE LAW. (1) Except as provided in section 41-338, Idaho Code, no authorized insurer shall make, write, place or cause to be made, written or placed, any policy or contract of insurance or indemnity of any kind or character, or a general or floating policy covering risks on property located in Idaho, liability created by or accruing under the laws of this state, or undertakings to be performed in this state, except through its resident insurance agents licensed as provided in this code, who shall countersign or cause a facsimile of his signature to be placed on all policies or indemnity contracts so issued, and who shall keep a record of the same, containing the usual and customary information concerning the risk undertaken and the full premium paid or to be paid therefor, to the end that the state may receive the taxes required by law to be paid on premiums collected for insurance on property or undertakings located in this state. When two (2) or more insurers issue a single policy of insurance the policy may be countersigned on behalf of all insurers appearing thereon by a licensed agent, resident in this state, of any one such insurer. (2) The agent may grant a power of attorney in writing to an individual who is twenty-one (21) years or more of age authorizing such person to countersign or cause a facsimile of the agent’s signature to be placed on policies and indorsements in his name and behalf. The power of attorney shall be acknowledged by the agent under oath before a notary public and shall be kept on file in the agent’s office.  History: [41-337, added 1961, ch. 330, sec. 100, p. 645; am. 1969, ch. 214, sec. 8, p. 625; am. 1977, ch. 142, sec. 2, p. 304; am. 1978, ch. 90, sec. 1, p. 167; am. 1984, ch. 60, sec. 1, p. 109.]
ID Code § 41-338 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS|Section 41-338 - EXCEPTIONS TO RESIDENT AGENT, COUNTERSIGNATURE LAW.

41-338. EXCEPTIONS TO RESIDENT AGENT, COUNTERSIGNATURE LAW. (1) Nothing in section 41-337, Idaho Code, shall be construed as preventing the free and unlimited right to negotiate wholly outside of this state contracts of insurance by licensed nonresident agents or brokers, provided the policies, endorsements or evidence of insurance covering properties or insurable interests in this state are countersigned by a resident agent of this state, in which event the countersigning agent shall receive a commission of not less than five per cent (5%) of the premium paid or one-third (1/3) of the commission paid to the licensed nonresident agent or broker, whichever is less; provided, however, the payment to the countersigning agent shall not exceed the sum of two hundred fifty dollars ($250) per policy, and when the countersigning commission to be paid is less than five dollars ($5.00), the countersigning agent may waive any commission due him. (2) Section 41-337, Idaho Code, shall not apply to the following contracts: (a) Life insurance and annuities; (b) Disability insurance; (c) Title insurance; countersignature of title insurance policies is as provided in section 41-2702, Idaho Code; (d) Policies covering property in transit while in the possession or custody of any common carrier, or the rolling stock or other property of any common carrier used and employed by it as a common carrier of freight or passengers, or both; (e) Reinsurance or retrocessions made by or for authorized insurers; (f) Contracts issued by domestic reciprocal insurers writing workmen’s compensation for employers commonly known as self-insurers; nor, with respect to countersignature, to policies issued by a reciprocal insurer not using agents compensated by commissions in the general solicitation of business; (g) Bid bonds issued by a surety insurer in connection with any public or private contract; or (h) Ocean marine insurance. (3) Notwithstanding section 41-337, Idaho Code, and the provisions of subsection (1) of this section, if the law of another state does not require the countersignature of a licensed agent who resides in that state for policies and contracts of insurance or indemnity made, written or placed in that state by a licensed agent who resides in the state of Idaho, the countersignature of a licensed agent who resides in the state of Idaho is not required for policies and contracts of insurance or indemnity made, written or placed in the state of Idaho by a licensed agent who resides in that other state.  History: [41-338, added 1961, ch. 330, sec. 101, p. 645; am. 1975, ch. 261, sec. 1, p. 708; am. 1977, ch. 142, sec. 3, p. 305; am. 1988, ch. 242, sec. 1, p. 473.]
ID Code § 41-341 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS|Section 41-341 - OPERATIONAL STANDARDS BETWEEN INSURER, ITS PARENT CORPORATION, SUBSIDIARY OR AFFILIATED PERSON.

41-341. OPERATIONAL STANDARDS BETWEEN INSURER, ITS PARENT CORPORATION, SUBSIDIARY OR AFFILIATED PERSON. (1) No insurer shall engage directly or indirectly in any transaction or agreement with its parent corporation, or with any subsidiary or affiliated person which shall result or tend to result in: (a) Substitution through any method of any asset of the insurer with an asset or assets of inferior quality or lower fair market value; or (b) Deception as to the true operating results of the insurer; or (c) Deception as to the true financial condition of the insurer; or (d) Allocation to the insurer of a proportion of the expense of combined facilities or operations which is unfair and unfavorable to the insurer; or (e) Unfair, unnecessary or excessive charges against the insurer for services, or facilities, or supplies, or reinsurance; or (f) Unfair and inadequate charges by the insurer for reinsurance, services, facilities, or supplies furnished by the insurer to others; or (g) Payment by the insurer for services, facilities, supplies, or reinsurance not reasonably needed by the insurer. (2) In all transactions between the insurer and its parent corporation, or involving the insurer and any subsidiary or affiliated person, full recognition shall be given to the paramount duty and obligation of the insurer to protect the interests of policyholders, both existing and future. (3) For the purposes of this section a "subsidiary" is a person of which either the insurer and/or the parent corporation holds practical control, and an "affiliated person" is a person controlled by any combination of the insurer, the parent corporation, a subsidiary, or the principal stockholders or officers or directors of any of the foregoing.  History: [I.C., sec. 41-341, as added by 1969, ch. 214, sec. 9, p. 625.]
ID Code § 41-343 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS|Section 41-343 - ARTICLES OF REDOMESTICATION.

41-343. ARTICLES OF REDOMESTICATION. (1) Upon receiving approval under section 41-342, Idaho Code, articles of redomestication shall be executed in duplicate by an insurance corporation by its president or a vice president and by its secretary or an assistant secretary and verified by one (1) of the officers of the corporation and shall set forth: (a) The date of approval of the director of the Idaho department of insurance of the redomestication; and (b) The state in which the insurer was originally incorporated, the date the insurer was incorporated in that state, and the date the insurer was authorized to do business as an insurer in the state in which it was originally incorporated. (2) The insurer shall attach to the articles of redomestication: (a) Articles of incorporation including such amendments as may be required to comply with the requirements of part 10, chapter 29, title 30, Idaho Code; (b) A copy of the certificate of redomestication issued by the director of the Idaho department of insurance. (3) Duplicate originals of the articles of redomestication shall be delivered to the secretary of state. If the secretary of state finds that such articles conform to law, he shall, when all fees have been paid as prescribed in chapter 21, title 30, Idaho Code: (a) Endorse on each of such duplicate originals the word "Filed," and the month, day and year of the filing, together with the date from which the insurer has existed and operated as an insurer which shall be the date the insurer was originally incorporated in the state in which the insurer was originally incorporated; (b) File one (1) of such duplicate originals in his office; and (c) Issue a certificate of redomestication setting forth the date on which the articles of redomestication were filed and the date from which the insurer has existed and operated as an insurer which shall be the date the insurer was originally incorporated in the state in which the insurer was originally incorporated. (4) The certificate of redomestication, together with the duplicate original of the articles of redomestication affixed thereto by the secretary of state, shall be returned to the insurer or to its representative.  History: [41-343, added 1987, ch. 302, sec. 2, p. 642; am. 2017, ch. 58, sec. 23, p. 117.]
ID Code § 41-344 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS|Section 41-344 - EFFECTIVE DATE OF REDOMESTICATION.

41-344. EFFECTIVE DATE OF REDOMESTICATION. A redomestication under section 41-342, Idaho Code, shall become effective upon the issuance of a certificate of redomestication by the secretary of state, or such later date as may be set forth in the notice from the director; provided, however, that an insurer which has redomesticated in the state of Idaho pursuant to section 41-342, Idaho Code, shall be considered to be the same corporation as that corporation which existed under the laws of the state in which it was formerly domiciled and shall be considered as having been an operating insurer from the date that the corporation was authorized to do business as an insurer in its original state of incorporation.  History: [41-344, added 1987, ch. 302, sec. 3, p. 642.]
ID Code § 41-345 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS|Section 41-345 - REPORT.

41-345. REPORT. (1) Every insurer domiciled in this state shall file a report with the director disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations or revisions of ceded reinsurance agreements unless such acquisitions and dispositions of assets or material nonrenewals, cancellations or revisions of ceded reinsurance agreements have been submitted to the director for review, approval or information purposes pursuant to other provisions of the insurance code, laws, rules or other requirements. (2) The report required in subsection (1) of this section is due within fifteen (15) days after the end of the calendar month in which any of the foregoing transactions occur. (3) One (1) complete copy of the report, including any exhibits or other attachments filed as part thereof, shall be filed with the Idaho department of insurance. (4) All reports obtained by or disclosed to the director pursuant to sections 41-345 through 41-347, Idaho Code, shall be given confidential treatment and shall not be subject to subpoena and shall not be made public by the director, the national association of insurance commissioners, or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the director, after giving the insurer who would be affected thereby, notice and an opportunity to be heard, determines that the interest of policyholders, shareholders or the public will be served by the publication thereof, in which event the director may publish all or any part thereof in such manner as he may deem appropriate.  History: [41-345, added 1995, ch. 68, sec. 1, p. 174; am. 1999, ch. 65, sec. 5, p. 171; am. 2004, ch. 310, sec. 1, p. 871.]
ID Code § 41-346 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS|Section 41-346 - ACQUISITIONS AND DISPOSITIONS OF ASSETS.

41-346. ACQUISITIONS AND DISPOSITIONS OF ASSETS. (1) Materiality. No acquisitions or dispositions of assets need be reported pursuant to section 41-345, Idaho Code, if the acquisitions or dispositions are not material. For purposes of sections 41-345 through 41-347, Idaho Code, a material acquisition (or the aggregate of any series of related acquisitions during any thirty (30) day period) or disposition (or the aggregate of any series of related dispositions during any thirty (30) day period) is one that is nonrecurring and not in the ordinary course of business and involves more than five percent (5%) of the reporting insurer’s total admitted assets as reported in its most recent statutory statement filed with the insurance department of the insurer’s state of domicile. (2) Scope. (a) Asset acquisitions subject to sections 41-345 through 41-347, Idaho Code, include every purchase, lease, exchange, merger, consolidation, succession or other acquisition other than the construction or development of real property by or for the reporting insurer or the acquisition of materials for such purpose. (b) Asset dispositions subject to sections 41-345 through 41-347, Idaho Code, include every sale, lease, exchange, merger, consolidation, mortgage, hypothecation, assignment (whether for the benefit of creditors or otherwise), abandonment, destruction or other disposition. (3) Information to be reported. (a) The following information is required to be disclosed in any report of a material acquisition or disposition of assets: (i) Date of the transaction; (ii) Manner of acquisition or disposition; (iii) Description of the assets involved; (iv) Nature and amount of the consideration given or received; (v) Purpose of, or reason for, the transaction; (vi) Manner by which the amount of consideration was determined; (vii) Gain or loss recognized or realized as a result of the transaction; and (viii) Name(s) of the person(s) from whom the assets were acquired or to whom they were disposed. (b) Insurers are required to report material acquisitions and dispositions on a nonconsolidated basis unless the insurer is part of a consolidated group of insurers which utilizes a pooling arrangement or one hundred percent (100%) reinsurance agreement that affects the solvency and integrity of the insurer’s reserves and such insurer ceded substantially all of its direct and assumed business to the pool. An insurer is deemed to have ceded substantially all of its direct and assumed business to a pool if the insurer has less than one million dollars ($1,000,000) total direct plus assumed written premiums during a calendar year that are not subject to a pooling arrangement and the net income of the business not subject to the pooling arrangement represents less than five percent (5%) of the insurer’s capital and surplus.  History: [41-346, added 1995, ch. 68, sec. 2, p. 174.]
ID Code § 41-348 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS|Section 41-348 - PROHIBITED ACTS — SERVICE PROVIDERS.

41-348. PROHIBITED ACTS — SERVICE PROVIDERS. (1) It is unlawful for a person: (a) Knowing that the payment is for the referral of a claimant to a service provider, either to accept payment from a service provider or, being a service provider, to pay another; or (b) To provide or claim or represent to have provided services to a claimant, knowing the claimant was referred in violation of paragraph (a) of this subsection. (2) It is unlawful for a service provider to engage in a regular practice of waiving, rebating, giving, paying, or offering to waive, rebate, give or pay all or part of a claimant’s deductible or claim for casualty, disability insurance, worker’s compensation insurance, health insurance or property insurance. (3) As used in this section: (a) "Health care services" means a service provided to a claimant for treatment of physical or mental illness or injury arising in whole or substantial part from trauma. (b) "Service provider" means a person who directly or indirectly provides, advertises, or otherwise claims to provide services. (c) "Services" means health care services, motor vehicle body or other motor vehicle repair and preparing, processing, presenting or negotiating an insurance claim against an insurance company. (4) Any person or service provider violating the provisions of this section shall be subject to the monetary civil penalties provided in section 41-327, Idaho Code, as if the person or service provider were an insurer.  History: [41-348, added 1996, ch. 402, sec. 1, p. 1335.]
ID Code § 41-401 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 4 - FEES AND TAXES|Section 41-401 - FEES — LICENSES — MISCELLANEOUS CHARGES.

41-401. FEES — LICENSES — MISCELLANEOUS CHARGES. (1) The director shall collect, and persons so served shall pay to the director fees, licenses, and miscellaneous charges as provided for from time to time by rule promulgated by the director. The director may adjust fees, licenses and miscellaneous charges as necessary to allow the department to meet the appropriation as provided for by law. (2) Any rule setting fees, licenses and miscellaneous charges shall adhere to the Idaho administrative procedure act except that the effective date of such rule shall be July 1 of the calendar year of enactment or change. If the appropriation is not known or set by April 1, the director shall be authorized to use emergency rulemaking procedures to maintain an effective date of July 1. (3) Insurance Administrative Account: (a) There is hereby created an account in the dedicated fund in the state treasury, to be designated the "Insurance Administrative Account" to provide for the expenses of the department of insurance as provided for by law. (b) The insurance administrative account shall be effective December 31, 1984, and be in existence for a period of at least six (6) months prior to the dedicated account appropriation becoming effective and shall consist of the following: 1. All moneys appropriated by the legislature. 2. All fees, licenses and miscellaneous charges collected pursuant to this section. (c) All moneys placed in the account shall be examined, audited and allowed in the manner now or hereafter provided by law. (d) Pending use for purposes of the provisions of the laws of this state, moneys in the insurance administrative account shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code, with respect to other surplus or idle moneys in the state treasury. (e) At the beginning of each fiscal year, those moneys in the insurance administrative account which exceed the current year’s appropriation plus any residual encumbrances made against prior years’ appropriations by twenty-five percent (25%) or more shall be transferred to the general account. The balance in this account shall not be considered excessive until such a transfer is required pursuant to the provisions of this subsection.  History: [41-401, added 1984, ch. 23, sec. 2, p. 39; am. 1993, ch. 124, sec. 1, p. 315; am. 1998, ch. 225, sec. 1, p. 774.]
ID Code § 41-402A (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 4 - FEES AND TAXES|Section 41-402A - REFUNDS.

41-402A. REFUNDS. Where there has been an overpayment of any taxes, fines or penalties due under this chapter, the director is authorized to refund all such taxes, fines or penalties erroneously or illegally collected or paid. No such refund shall be paid after one (1) year from the due date of the statement required in section 41-402(4), Idaho Code, unless before the expiration of such period a written claim is filed therefore by the insurer on such forms and in such manner as is prescribed by the director.  History: [41-402A, added 1987, ch. 340, sec. 2, p. 722.]
ID Code § 41-404 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 4 - FEES AND TAXES|Section 41-404 - PENALTY FOR FAILURE TO PAY TAX.

41-404. PENALTY FOR FAILURE TO PAY TAX. Any insurer failing to render the statement and pay the tax required under section 41-402, Idaho Code, on or before the date due, including any extension of time granted by the director pursuant to section 41-335 (1), Idaho Code, shall be liable to a fine of twenty-five dollars ($25.00) for each additional day of delinquency; and the taxes may be collected by distraint and recovered by an action to be instituted by the attorney general in the name of the state in any court of competent jurisdiction. The director shall suspend or revoke the certificate of authority of the delinquent insurer until the statement is filed and the taxes and fine, if any, are fully paid.  History: [41-404, added 1961, ch. 330, sec. 107, p. 645; am. 1969, ch. 214, sec. 13, p. 625; am. 1988, ch. 366, sec. 7, p. 1081.]