reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 41 - INSURANCE › Chapter 29 - RECIPROCAL INSURERS › Section 41-2919 - WHO MAY BE SUBSCRIBERS.

41-2919. WHO MAY BE SUBSCRIBERS. (1) Individuals, partnerships, associations and corporations, public or private, of this state, hereby designated as subscribers, are authorized to exchange reciprocal or interinsurance contracts with each other, or with individuals, partnerships, associations and corporations, public or private, of other states and countries, providing indemnity among themselves for any loss which may be insured against by the reciprocal insurer to which they are subscribers; except, that public corporations of this state may so insure only in an insurer which has a surplus of three hundred thousand dollars ($300,000) or more and under an insurance contract as to which such an insured has no contingent liability.
(2) Any corporation now or hereafter organized under the laws of this state shall, in addition to the rights, powers and franchises specified in its articles of incorporation have full power and authority to exchange insurance contracts of the kind and character mentioned in subsection (1) above. The right to exchange such contracts is declared to be incidental to the purposes for which such corporations are organized and as much granted as the rights and powers expressly conferred.
(3) Governmental entities of this state as defined by section 6-902, Idaho Code, may insure with a domestic reciprocal insurer authorized to do business in this state as a reciprocal insurer so long as said governmental entity insurer has complied with the applicable provisions of this title.
(4) Any officer, representative, trustee, receiver, or legal representative of any such subscriber shall be recognized as acting for or on its behalf for the purpose of such contract but shall not be personally liable upon the contract by reason of acting in such representative capacity.
History:
[41-2919, added 1961, ch. 330, sec. 646, p. 645; am. 1979, ch. 318, sec. 4, p. 856.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 29 - RECIPROCAL INSURERS › Section 41-2920 - SUBSCRIBERS’ ADVISORY COMMITTEE.

41-2920. SUBSCRIBERS’ ADVISORY COMMITTEE. (1) The advisory committee of a domestic reciprocal insurer exercising the subscribers’ rights shall be selected under such rules as the subscribers adopt.
(2) Not less than two-thirds (2/3) of such committee shall be subscribers other than the attorney, or any person employed by, representing, or having a financial interest in the attorney.
(3) The committee shall:
(a) Supervise the finances of the insurer;
(b) Supervise the insurer’s operations to such extent as to assure conformity with the subscribers’ agreement and power of attorney;
(c) Procure the audit of the accounts and records of the insurer and of the attorney at the expense of the insurer; and
(d) Have such additional powers and functions as may be conferred by the subscribers’ agreement.
History:
[41-2920, added 1961, ch. 330, sec. 647, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 29 - RECIPROCAL INSURERS › Section 41-2921 - SUBSCRIBERS’ LIABILITY.

41-2921. SUBSCRIBERS’ LIABILITY. (1) The liability of each subscriber, other than as to a nonassessable policy, for the obligations of the reciprocal insurer shall be an individual, several and proportionate liability, and not joint. When all participants in a reciprocal insurer are political subdivisions of the state of Idaho, no liability shall attach to individual subscribers which is not consistent with constitutional or statutory limitations thereon.
(2) Except as to a nonassessable policy, each subscriber shall have a contingent assessment liability, in the amount provided for in the power of attorney or in the subscribers’ agreement, for payment of actual losses and expenses incurred while his policy was in force. Such contingent liability may be at the rate of not less than one (1) nor more than ten (10) times the premium or premium deposit stated in the policy, and the maximum aggregate thereof shall be computed in the manner set forth in section 41-2925 of this chapter.
(3) Each assessable policy issued by the insurer shall contain a statement of the contingent liability, set in type of the same prominence as the insuring clause.
History:
[41-2921, added 1961, ch. 330, sec. 648, p. 645; am. 1996, ch. 245, sec. 8, p. 779.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 29 - RECIPROCAL INSURERS › Section 41-2922 - SUBSCRIBERS’ LIABILITY ON JUDGMENT.

41-2922. SUBSCRIBERS’ LIABILITY ON JUDGMENT. (1) No action shall lie against any subscriber upon any obligation claimed against the insurer until a final judgment has been obtained against the insurer and remains unsatisfied for thirty (30) days.
(2) Any such judgment shall be binding upon each subscriber only in such proportion as his interests may appear and in amount not exceeding his contingent liability, if any.
History:
[41-2922, added 1961, ch. 330, sec. 649, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 29 - RECIPROCAL INSURERS › Section 41-2923 - ASSESSMENTS.

41-2923. ASSESSMENTS. (1) Assessments may from time to time be levied upon subscribers of a domestic reciprocal insurer liable therefor under the terms of their policies by the attorney upon approval in advance by the subscribers’ advisory committee and the director; or by the director in liquidation of the insurer.
(2) Each subscriber’s share of a deficiency for which an assessment is made, but not exceeding in any event his aggregate contingent liability as computed in accordance with section 41-2925 of this chapter, shall be computed by applying to the premium earned on the subscriber’s policy or policies during the period to be covered by the assessment, the ratio of the total deficiency to the total premiums earned during such period upon all policies subject to the assessment.
(3) In computing the earned premiums for the purposes of this section, the gross premium received by the insurer for the policy shall be used as a base, deducting therefrom solely charges not recurring upon the renewal or extension of the policy.
(4) No subscriber shall have an offset against any assessment for which he is liable, on account of any claim for unearned premium or losses payable.
History:
[41-2923, added 1961, ch. 330, sec. 650, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 29 - RECIPROCAL INSURERS › Section 41-2924 - TIME LIMIT FOR ASSESSMENT.

41-2924. TIME LIMIT FOR ASSESSMENT. Every subscriber of a domestic reciprocal insurer having contingent liability shall be liable for, and shall pay his share of any assessment, as computed and limited in accordance with this chapter, if:
(1) While his policy is in force or within one year after its termination, he is notified by either the attorney or the director of his intentions to levy such assessment, or
(2) If an order to show cause why a receiver, conservator, rehabilitator or liquidator of the insurer should not be appointed is issued while his policy is in force or within one year after its termination.
History:
[41-2924, added 1961, ch. 330, sec. 651, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 29 - RECIPROCAL INSURERS › Section 41-2925 - AGGREGATE LIABILITY.

41-2925. AGGREGATE LIABILITY. No one policy or subscriber as to such policy, shall be assessed or charged with an aggregate of contingent liability as to obligations incurred by a domestic reciprocal insurer in any one calendar year, in excess of the amount provided for in the power of attorney or in the subscribers’ agreement, computed solely upon premium earned on such policy during that year.
History:
[41-2925, added 1961, ch. 330, sec. 652, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 29 - RECIPROCAL INSURERS › Section 41-2926 - NONASSESSABLE POLICIES.

41-2926. NONASSESSABLE POLICIES. (1) Nongovernmental entities. If a reciprocal insurer has a surplus of assets over all liabilities at least equal to the total surplus required in section 41-313, Idaho Code, as to such insurer, upon application of the attorney and as approved by the subscribers’ advisory committee the director shall issue his certificate authorizing the insurer to extinguish the contingent liability of subscribers under its policies then in force in this state, and to omit provisions imposing contingent liability in all policies delivered or issued for delivery in this state for so long as all such surplus remains unimpaired.
(2) Upon impairment of such surplus, the director shall forthwith revoke the certificate. Such revocation shall not render subject to contingent liability any policy then in force and for the remainder of the period for which the premium has theretofore been paid; but after such revocation no policy shall be issued or renewed without providing for contingent assessment liability of the subscriber.
(3) The director shall not authorize a domestic reciprocal insurer so to extinguish the contingent liability of any of its subscribers or in any of its policies to be issued, unless it qualifies to and does extinguish such liability of all its subscribers and in all such policies for all kinds of insurance transacted by it. Except, that if required by the laws of another state in which the insurer is transacting insurance as an authorized insurer, the insurer may issue policies providing for the contingent liability of such of its subscribers as may acquire such policies in such state, and need not extinguish the contingent liability applicable to policies theretofore in force in such state.
History:
[41-2926, added 1961, ch. 330, sec. 653, p. 645; am. 1979, ch. 318, sec. 5, p. 857; am. 1995, ch. 96, sec. 8, p. 279; am. 2005, ch. 72, sec. 2, p. 249.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 29 - RECIPROCAL INSURERS › Section 41-2927 - DISTRIBUTION OF SAVINGS.

41-2927. DISTRIBUTION OF SAVINGS. A reciprocal insurer may from time to time return to its subscribers any unused premiums, savings or credits accruing to their accounts. Any such distribution shall not unfairly discriminate between classes of risks, or policies, or between subscribers, but this shall not prevent retrospective rating, nor distribution on a retrospective plan.
History:
[41-2927, added 1961, ch. 330, sec. 654, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 29 - RECIPROCAL INSURERS › Section 41-2928 - SUBSCRIBERS’ SHARE IN ASSETS.

41-2928. SUBSCRIBERS’ SHARE IN ASSETS. Upon the liquidation of a domestic reciprocal insurer, its assets remaining after discharge of its indebtedness and policy obligations, the return of any contributions of the attorney or other persons to its surplus made as provided in section 41-2916 of this chapter, and the return of any unused premium, savings, or credits then standing on subscribers’ accounts, shall be distributed to its subscribers who were such within the twelve (12) months prior to the last termination of its certificate of authority, according to such reasonable formula as the director may approve.
History:
[41-2928, added 1961, ch. 330, sec. 655, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 29 - RECIPROCAL INSURERS › Section 41-2929 - MERGER OR CONVERSION.

41-2929. MERGER OR CONVERSION. (1) A domestic reciprocal insurer upon affirmative vote of not less than two-thirds (2/3) of its subscribers who vote on such merger pursuant to due notice and the approval of the director of the terms therefor, may merge with another reciprocal insurer or be converted to a stock or mutual insurer.
(2) Such a stock or mutual insurer shall be subject to the same capital or surplus requirements and shall have the same rights as a like domestic insurer transacting like kinds of insurance.
(3) The director shall not approve any plan for such merger or conversion which is inequitable to subscribers, or which, if for conversion to a stock insurer, does not give each subscriber preferential right to acquire stock of the proposed insurer proportionate to his interest in the reciprocal insurer as determined in accordance with section 41-2928 and a reasonable length of time within which to exercise such right.
History:
[41-2929, added 1961, ch. 330, sec. 656, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 29 - RECIPROCAL INSURERS › Section 41-2930 - IMPAIRED RECIPROCALS.

41-2930. IMPAIRED RECIPROCALS. (1) If the assets of a reciprocal insurer are at any time insufficient to discharge its liabilities, other than any liability on account of funds contributed by the attorney or others, and to maintain the required surplus, its attorney shall forthwith make up the deficiency or levy an assessment upon the subscribers for the amount needed to make up the deficiency; but subject to the limitation set forth in the power of attorney or policy.
(2) If the attorney fails to make up such deficiency or to make the assessment within thirty (30) days after the director orders him to do so, or if the deficiency is not fully made up within sixty (60) days after the date the assessment was made, the insurer shall be deemed insolvent and shall be proceeded against as authorized by this code.
(3) If liquidation of such an insurer is ordered, an assessment shall be levied upon the subscribers for such an amount, subject to limits as provided by this chapter, as the director determines to be necessary to discharge all liabilities of the insurer, exclusive of any funds contributed by the attorney or other persons, but including the reasonable cost of the liquidation.
History:
[41-2930, added 1961, ch. 330, sec. 657, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 30 - IDAHO UNCLAIMED LIFE INSURANCE BENEFITS ACT › Section 41-3001 - DEFINITIONS.

41-3001. DEFINITIONS. As used in this chapter:
(1) "Contract" means an annuity contract. The term "contract" shall not include an annuity used to fund an employment-based retirement plan or program where:
(a) The insurer does not perform the recordkeeping services; or
(b) The insurer is not committed by terms of the annuity contract to pay death benefits to the beneficiaries of specific plan participants.
(2) "Death master file" means the United States social security administration’s death master file or any other database or service that is at least as comprehensive as the United States social security administration’s death master file for determining that a person has reportedly died.
(3) "Death master file match" means a search of the death master file that results in a match of the social security number or the name and date of birth of an insured, annuity owner or retained asset account holder.
(4) "Knowledge of death" means:
(a) Receipt of an original or valid copy of a certified death certificate; or
(b) A death master file match validated by the insurer in accordance with section 41-3002, Idaho Code.
(5) "Policy" means any policy or certificate of life insurance that provides a death benefit. The term "policy" shall not include:
(a) Any policy or certificate of life insurance that provides a death benefit under an employee benefit plan that is:
(i) Subject to the employee retirement income security act of 1974, 29 U.S.C. section 1002, as periodically amended; or
(ii) Under any federal employee benefit program;
(b) Any policy or certificate of life insurance that is used to fund a preneed funeral contract or prearrangement;
(c) Any policy or certificate of credit life or accidental death insurance; or
(d) Any policy issued to a group master policyholder for which the insurer does not provide recordkeeping services.
(6) "Recordkeeping services" means those circumstances under which the insurer has agreed with a group policy or contract customer to be responsible for obtaining, maintaining and administering in its own or its agents’ systems information about each individual insured under an insured’s group insurance contract, or a line of coverage thereunder, at least the following information:
(a) Social security number or name and date of birth;
(b) Beneficiary designation information;
(c) Coverage eligibility;
(d) Benefit amount; and
(e) Premium payment status.
(7) "Retained asset account" means any mechanism whereby the settlement of proceeds payable under a policy or contract is accomplished by the insurer or an entity acting on behalf of the insurer depositing the proceeds into an account with check or draft writing privileges, where those proceeds are retained by the insurer or its agent, pursuant to a supplementary contract not involving annuity benefits other than death benefits.
History:
[41-3001, added 2015, ch. 74, sec. 1, p. 194.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 30 - IDAHO UNCLAIMED LIFE INSURANCE BENEFITS ACT › Section 41-3003 - UNFAIR TRADE PRACTICE.

41-3003. UNFAIR TRADE PRACTICE. Failure to meet any requirement of this act with such frequency as to constitute a general business practice is a violation of chapter 13, title 41, Idaho Code. Nothing contained in this section shall be construed to create or imply a private cause of action for a violation of this section.
History:
[41-3003, added 2015, ch. 74, sec. 1, p. 196.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3101 - SCOPE OF CHAPTER — PROVISIONS EXCLUSIVE.

41-3101. SCOPE OF CHAPTER — PROVISIONS EXCLUSIVE. (1) This chapter applies only to domestic county mutual fire insurers as heretofore organized or doing business under the provisions of title 41, chapter 23, Idaho Code (prior to 1961 revision), or as hereafter organized under this chapter.
(2) This chapter shall also apply as to domestic fire insurance associations or organizations heretofore formed and affiliated with and insuring only property owned by a bona fide fraternal society operating on the lodge system, or owned by members of such society. Except as otherwise expressly provided for, such associations or organizations, hereinafter referred to as "fraternal insurers," are also included within the terms "insurer" or "county mutual fire insurer" as used in this chapter.
(3) No provision of this code shall apply to such insurers unless contained or referred to in this chapter.
History:
[41-3101, added 1961, ch. 330, sec. 659, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3102 - ORGANIZATION OF COUNTY MUTUAL FIRE INSURERS.

41-3102. ORGANIZATION OF COUNTY MUTUAL FIRE INSURERS. (1) Twenty-five (25) or more citizens of Idaho, each of whom shall be owner of substantial insurable property in a county of this state within which the insurer proposes to do business, may hereafter incorporate a county mutual fire insurer.
(2) The incorporators shall prepare and execute in quadruplicate articles of incorporation setting forth:
(a) The name of the corporation, which shall contain the words "county mutual fire insurance company" preceded by a distinctive name which is not so similar to that of any other authorized insurer as to be likely to confuse or mislead;
(b) The county or counties of this state within which the insurer proposes to do business, and the name of the town or city therein in which the insurer’s head office is to be located;
(c) The objects for which the corporation is formed, including the property to be insured and the perils to be assumed by the insurer, which shall not be in excess of the insuring power of such an insurer as set forth in this chapter;
(d) That insurance shall be limited to members of the insurer, and that each such member shall be liable to assessment for payment of the losses and expenses of the insurer, and that such liability may be enforced by the corporation;
(e) The duration of the corporation’s existence, which may be for a specified term of years or perpetual;
(f) The name, residence address in this state, and citizenship of each incorporator;
(g) The names of the corporation’s initial board of directors, not less than nine (9) in number, who shall manage the insurer’s affairs for a specified term which shall not exceed one (1) year from date of incorporation; and
(h) Such other lawful provisions as may be necessary or desirable.
(3) The articles of incorporation so executed shall be acknowledged by at least three (3) of the incorporators before an officer authorized to take acknowledgment of deeds.
History:
[41-3102, added 1961, ch. 330, sec. 660, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3102A - CONVERSION INTO DOMESTIC MUTUAL.

41-3102A. CONVERSION INTO DOMESTIC MUTUAL. (1) A county mutual insurer upon affirmative vote of not less than two-thirds (2/3) of its members who vote on such conversion, pursuant to due notice, and the approval of the director of the terms therefor, may be converted to a domestic mutual insurer.
(2) A domestic mutual insurer which has converted from a county mutual insurer shall be subject to the same requirements and shall have the same rights as a like domestic insurer transacting like kinds of insurance, except that prior to June 30, 2004, surplus as regards policyholders may be maintained at a level equal to fifty percent (50%) net written premium in the calendar year preceding, with a minimum set at one million dollars ($1,000,000).
(3) The director shall not approve any plan for such conversion which is inequitable to members.
History:
[41-3102A, added 1979, ch. 40, sec. 1, p. 62; am. 1994, ch. 240, sec. 7, p. 755; am. 2000, ch. 299, sec. 1, p. 1030.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3103 - FILING OF ARTICLES — COMMENCEMENT OF BUSINESS.

41-3103. FILING OF ARTICLES — COMMENCEMENT OF BUSINESS. (1) The articles of incorporation of a proposed new county mutual fire insurer, after due execution and acknowledgment as provided in section 41-3102, shall be filed as required by those provisions of section 41-2805 (filing of articles) applying to mutual insurers.
(2) After the articles of incorporation have been so filed, the directors shall adopt by-laws, elect officers, and apply to the director for a certificate of authority as a county mutual fire insurer. Upon issuance of the certificate of authority the insurer may commence business as a county mutual fire insurer.
History:
[41-3103, added 1961, ch. 330, sec. 661, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3104 - INSURING POWERS.

41-3104. INSURING POWERS. Within the limits of restrictions set forth in its articles of incorporation and otherwise under this chapter, such an insurer may:
(1) Issue property insurance, as defined in section 41-504, Idaho Code, as to farm property and personal property reasonably associated therewith, churches and public halls, and certain other dwellings and property as specified below, all as follows:
(a) The property insured must be owned by a member of the insurer, and must (except as expressly provided in this section) be located within the county or counties in which the insurer is authorized to transact insurance as provided in section 41-3105, Idaho Code;
(b) The insurer shall not insure any property located within the limits of any incorporated city, town, or village, except as follows:
(i) The insurer may insure dwellings and/or household goods owned by its members who, after becoming such members, have moved within the limits of any such incorporated city, town, or village;
(ii) The insurer may insure property of a member located upon an otherwise open tract of land occupied by the member and not less than five (5) acres in area, within the limits of any such city, town, or village; and
(iii) The insurer may insure grange halls, wherever located in this state.
(2) The insurer may insure other buildings and/or contents owned by its members individually or as an organization and not located within any city, town, or village with population in excess of one hundred twenty-five (125).
(3) The insurer may insure churches and other public halls only if located outside of incorporated cities, towns, and villages.
(4) The insurer may insure farm machinery wherever located against fire, theft, and upset, or against fire and such additional perils as are usually insured under an extended coverage indorsement.
History:
[41-3104, added 1961, ch. 330, sec. 662, p. 645; am. 1963, ch. 48, sec. 1, p. 199; am. 1969, ch. 211, p. 612; am. 1977, ch. 142, sec. 10, p. 312.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3104A - PROPERTY USED TO FIGHT FIRES — CHARGES.

41-3104A. PROPERTY USED TO FIGHT FIRES — CHARGES. Any county mutual fire insurer may acquire and dispose of real and personal property necessary to prevent, abate or extinguish fires.
Non-discriminatory, reasonable charges based on insurable value, as approved by the director, may be assessed against any owner who has received services from a county mutual fire insurer to prevent, abate or extinguish fires.
Activities authorized under this section shall not necessarily be limited to members or to the insurer’s territory.
History:
[I.C., sec. 41-3104A, as added by 1972, ch. 143, sec. 1, p. 310.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3105 - INSURER’S TERRITORY.

41-3105. INSURER’S TERRITORY. An insurer shall insure only such property as it is otherwise authorized to insure under this chapter, and which is located within one (1) or more of the counties of this state within which the insurer may transact insurance as provided by its articles of incorporation, subject to the following conditions:
(1) An insurer which has less than seven million dollars ($7,000,000) of insurance in force on separate properties shall not transact insurance in an area greater than that of the county in which its head office is located, together with not more than the four (4) Idaho counties contiguous with such head office county;
(2) An insurer which has seven million dollars ($7,000,000) but less than twelve million dollars ($12,000,000) of insurance in force on separate properties may transact insurance in the county in which its head office is located together with not more than the eight (8) Idaho counties most adjacent to such head office county;
(3) An insurer which has twelve million dollars ($12,000,000) or more of insurance in force on separate properties may transact insurance in the county in which its head office is located together with not more than the twelve (12) Idaho counties most adjacent to such head office county and/or may extend its activities and operations into an adjoining state; and
(4) A fraternal insurer may operate under this chapter in any or all of the counties of this state.
History:
[41-3105, added 1961, ch. 330, sec. 663, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3106 - LIMIT OF RISK.

41-3106. LIMIT OF RISK. (1) The maximum amount of insurance which an insurer shall retain as to any one (1) subject of insurance, after deduction of applicable reinsurance, shall not exceed ten per cent (10%) of the insurer’s admitted assets or twenty-five thousand dollars ($25,000), whichever is the larger amount.
(2) As to insurance against fire and perils other than windstorm, tornado, hailstorm, and other catastrophic perils, a "subject of insurance" for the purposes of this provision includes all properties insured by the same insurer which are customarily considered by insurance underwriters to be subject to loss or damage from the same fire or the same occurrence of any other peril insured against.
History:
[41-3106, added 1961, ch. 330, sec. 664, p. 645, am. 1978, ch. 109, sec. 1, p. 227.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3107 - REINSURANCE.

41-3107. REINSURANCE. A county mutual fire insurer may cede reinsurance to another county mutual fire insurer or to any insurer authorized in this state to transact the kind of insurance involved or approved by the director. A county mutual fire insurer shall accept reinsurance only from another county mutual fire insurer.
History:
[41-3107, added 1961, ch. 330, sec. 665, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3108 - CERTIFICATE OF AUTHORITY REQUIRED.

41-3108. CERTIFICATE OF AUTHORITY REQUIRED. (1) No county mutual fire insurer shall transact insurance except as authorized by a subsisting certificate of authority issued to it by the director.
(2) To apply for a certificate of authority the insurer shall file with the director its written application therefor showing:
(a) The name and head office address of the insurer;
(b) The name, residence address, and occupation of each of the insurer’s directors and officers;
(c) The kinds of insurance proposed to be transacted;
(d) The Idaho counties in which the insurer proposes to transact insurance; and
(e) Such other and additional information relative to the insurer as the director may reasonably require.
(3) The application shall be accompanied by such of the following as may not already be on file with the director:
(a) Copy of the insurer’s articles of incorporation and of its by-laws, each certified by the insurer’s corporate secretary;
(b) Copy of the insurer’s financial statement as of a date within three (3) months prior to the filing of the application;
(c) Copy of form of insurance policy or policies proposed to be issued;
(d) Schedule of or statement as to sums proposed to be collected in advance at time of issuance of insurance; and
(e) Fee for issuance of the certificate of authority in the amount specified in section 41-3118 (fee schedule).
(4) If the director finds the application and accompanying documents to be consistent with law, he shall issue the insurer a certificate of authority; otherwise, the director shall deny the application for certificate of authority by written order stating the grounds for such denial and refund to the applicant any sum tendered as fee for issuance of the certificate.
(5) Certificates of authority issued under this section shall continue in force as long as the insurer is entitled thereto under this code and until suspended or revoked by the director, or terminated at the request of the insurer; subject, however, to continuance of the certificate by the insurer each year by payment prior to March 1 of the continuation fee provided in section 41-3118 (fee schedule) and due filing by the insurer of its annual statement for the calendar year preceding as required under section 41-3116. If not so continued by the insurer, its certificate of authority shall expire as at midnight on the March 31 next following such failure of the insurer to continue it in force.
History:
[41-3108, added 1961, ch. 330, sec. 666, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3109 - DIRECTORS.

41-3109. DIRECTORS. (1) The affairs of the insurer shall be under the direction of a board of directors comprised of not less than nine (9) nor more than twenty-five (25) members of the insurer.
(2) After expiration of the term of initial directors, if any, as provided for in the articles of incorporation, directors shall be elected at the annual meeting of the insurer’s members for terms of not more than three (3) years each. If terms of more than one (1) year are used, the terms of directors shall be staggered so that the terms of a proportionate number of directors will expire each year.
(3) A director may also act as an agent for the insurer with the same but not greater contract authority as any other agent.
History:
[41-3109, added 1961, ch. 330, sec. 667, p. 645; am. 1983, ch. 46, sec. 1, p. 117.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3110 - MEMBERS.

41-3110. MEMBERS. (1) Every policyholder of the insurer is thereby a member of the insurer, with all of the rights and liabilities of membership.
(2) All policies issued by the insurer shall state specifically that the liability of each member is not limited. All persons becoming members of the insurer shall sign the constitution and by-laws, and shall be held in law to comply with all the provisions and requirements of the insurer.
(3) Each member shall have one (1) vote and no more in the election of a director and on any other matter coming to a vote at meetings of members. A member may vote in person or by proxy, or by mail, but no person shall vote more than five (5) proxies.
History:
[41-3110, added 1961, ch. 330, sec. 668, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3111 - ADVANCE PAYMENTS BY MEMBERS.

41-3111. ADVANCE PAYMENTS BY MEMBERS. The insurer shall not charge the member, and no member of the insurer shall pay to the insurer, in connection with the inception of insurance in the insurer or any renewal or continuation of such insurance, any charge or amount in excess of such amount as may be reasonably necessary for payment of the member’s share of the insurer’s expenses (exclusive of insured losses incurred) to be incurred during the next succeeding twelve (12) months, and for maintenance or replenishment of the emergency fund provided for in section 41-3112(3). This provision shall not be deemed to prohibit the levy and collection of assessments for payment of incurred losses or for maintenance of the emergency fund, as provided for in section 41-3112, nor collection of membership or policy fees in fixed nominal amounts.
History:
[41-3111, added 1961, ch. 330, sec. 669, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3112 - ASSESSMENTS.

41-3112. ASSESSMENTS. (1) A county mutual fire insurer may from time to time assess and collect from its members, and from the owners or trustees of churches or public halls insured by it, such sums of money as may be necessary to pay losses incurred under policies issued by the insurer, from time to time as such losses occur, and to pay such fire protection expenses and other expenses of the insurer as may have been approved by the board of directors consistent with section 41-3113.
(2) The insurer may classify its policies for assessment purposes in accordance with types and circumstances of properties and hazards insured, and may vary the amount of assessment as applied to the respective such classes, if the insurer maintains adequate records from which the loss experience of the respective classes can readily be determined.
(3) The levy and collection of assessments shall be regulated by the insurer’s constitution and by-laws. But no assessment to cover insured losses incurred shall be levied in advance of the occurrence of the losses on account of which the assessment is made; except, that the insurer may, in its by-laws, provide for an emergency fund, which fund shall at no time exceed ten thousand dollars ($10,000) or one percent (1%) of the amount of insurance in force, whichever is the larger sum, out of which fund losses to the extent of the money therein may be immediately paid.
History:
[41-3112, added 1961, ch. 330, sec. 670, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3112A - ADVANCE PREMIUMS — RETURN PREMIUMS.

41-3112A. ADVANCE PREMIUMS — RETURN PREMIUMS. (1) Advance premiums. A county mutual insurer having a surplus over all liabilities of not less than $50,000, including a liability for unearned premiums, and for so long as such surplus is continuously maintained, such insurer may bill and collect assessments on the advance premium basis.
(2) Return premium. Upon the termination of any policy of insurance during any effective policy year, the unearned premium shall be returned to a member policyholder in accordance with the rules for pro-rata and short rate cancelations applying to casualty insurance policies.
(3) The limitations as to the emergency fund imposed by section 41-3112(3) shall not apply to a county mutual insurer qualifying under this section to collect premiums in advance.
History:
[I.C., sec. 41-3112A, as added by 1965, ch. 277, sec. 1, p. 724.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3113 - EXPENSES.

41-3113. EXPENSES. (1) The operating expenses of the insurer shall be reasonable in amount in relation to the volume of business transacted and insurance losses incurred.
(2) The insurer’s by-laws shall contain reasonable limitations of all such expenses, and such provisions and all modifications thereof shall be subject to the director’s approval.
History:
[41-3113, added 1961, ch. 330, sec. 671, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3114 - INVESTMENTS.

41-3114. INVESTMENTS. (1) The insurer may invest and have invested such funds as it may have on hand pursuant to this chapter but not necessary to expend for current expenses and losses, in investments as authorized by the following sections of the Idaho Code only:
(a) Section 41-707 (public obligations);
(b) Section 41-708 (obligations, stock of certain federal agencies);
(c) Section 41-709 (irrigation district bonds);
(d) Section 41-716 (investment trust securities);
(e) Section 41-720 (savings and share accounts);
(f) Sections 41-721 through 41-725 (mortgage loans), as to mortgage loans on Grange halls only; and
(g) Section 41-3115 (site for head office).
(2) The following sections of the Idaho Code shall to the extent applicable, also apply with respect to such an insurer:
(a) Section 41-702 (eligible investments);
(b) Section 41-703 (general qualifications);
(c) Section 41-704 (authorization of investments);
(d) Section 41-705 (record of investments);
(e) Section 41-706(1) (diversification of investments in securities, etc. of any one person);
(f) Section 41-730 (disposal of ineligible property and securities); and
(g) Section 41-731 (prohibited investments and investment underwriting).
History:
[41-3114, added 1961, ch. 330, sec. 672, p. 645; am. 1984, ch. 241, sec. 1, p. 587.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3115 - SITE FOR HEAD OFFICE.

41-3115. SITE FOR HEAD OFFICE. (1) The board of directors of an insurer may purchase, hold and convey in the name of and for the insurer, real estate for a site for its principal or head office when authorized so to do by the affirmative vote of a majority of the members present in person or by proxy in adoption of a resolution for that purpose at any annual meeting of the insurer’s members or any special meeting of the members called for the purpose. The resolution shall name the city or town or village within the insurer’s territory in which the site shall be purchased. When the site is so purchased the insurer may transact any or all of its business, including the annual or any special meeting of its members, in such city, town or village.
(2) The resolution for purchase of the site shall also limit the amount of the insurer’s funds that can be invested therein, and in the improvements thereon or to be constructed thereon. Any such resolution hereafter adopted shall be subject to the director’s approval. The director shall approve the resolution unless he finds, after a hearing thereon, that the procedure leading to adoption of the resolution was unlawful or that the amounts to be so expended are excessive.
(3) The insurer shall dispose of such head office property within five (5) years after it ceases to be used or to be necessary for head office purposes, subject to the right of the director to grant a reasonable extension of time upon proof satisfactory to him that the insurer will suffer materially by an earlier forced sale of the property.
History:
[41-3115, added 1961, ch. 330, sec. 673, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3116 - RECORDS — ANNUAL STATEMENT.

41-3116. RECORDS — ANNUAL STATEMENT. (1) The insurer shall keep at its head office records and accounts of its transactions, claims, and affairs in such form and with such completeness as may be reasonably necessary for the identification and examination thereof.
(2) Annually on or before March 1 the insurer shall file with the director a full and true statement of its financial condition, transactions and affairs as of the December 31 preceding. The statement shall be in such general form as is required or accepted by the director.
History:
[41-3116, added 1961, ch. 330, sec. 674, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3117 - AMENDMENT OF ARTICLES OF INCORPORATION.

41-3117. AMENDMENT OF ARTICLES OF INCORPORATION. (1) The articles of incorporation of such an insurer may be amended in any lawful respect by approval by its board of directors by affirmative vote of at least two-thirds (2/3) of all its directors and by adoption thereafter by affirmative vote of not less than two-thirds (2/3) of the insurer’s members present or represented by proxy at any meeting of members, at which a quorum as required by the insurer’s constitution or by-laws was present, and if the notice of such meeting contained notice of the proposed amendment.
(2) An amendment so adopted shall be filed in accordance with the applicable provisions of section 41-2827(2); except that the fee for the filing of the amendment with the director shall be as provided in section 41-3118, Idaho Code. The filing fee shall not be subject to refund.
History:
[41-3117, added 1961, ch. 330, sec. 675, p. 645; am. 1984, ch. 23, sec. 4, p. 40.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 31 - COUNTY MUTUAL INSURERS › Section 41-3118 - FEES.

41-3118. FEES. (1) Every county mutual fire insurer shall pay to the director all fees in advance as provided for by regulation.
(2) The director shall transmit and report all fees so collected by him as provided in section 41-406, Idaho Code.
History:
[41-3118, added 1984, ch. 23, sec. 5, p. 41.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3201 - FRATERNAL BENEFIT SOCIETIES.

41-3201. FRATERNAL BENEFIT SOCIETIES. Any incorporated society, order or supreme lodge, without capital stock, including one exempted under the provisions of section 41-3237(1)(b), Idaho Code, whether incorporated or not, conducted solely for the benefit of its members and their beneficiaries and not for profit, operated on a lodge system with ritualistic form of work, having a representative form of government, and which provides benefits in accordance with this chapter, is hereby declared to be a fraternal benefit society.
History:
[41-3201, added 1995, ch. 213, sec. 2, p. 723.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3202 - LODGE SYSTEM.

41-3202. LODGE SYSTEM. (1) A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated or admitted in accordance with its laws, rules and ritual. Subordinate lodges shall be required by the laws of the society to hold regular meetings at least once in each month in furtherance of the purposes of the society.
(2) A society may, at its option, organize and operate lodges for children under the minimum age for adult membership. Membership and initiation in local lodges shall not be required of such children, nor shall they have a voice or vote in the management of the society.
History:
[41-3202, added 1995, ch. 213, sec. 2, p. 723.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3203 - REPRESENTATIVE FORM OF GOVERNMENT.

41-3203. REPRESENTATIVE FORM OF GOVERNMENT. A society has a representative form of government when:
(1) It has a supreme governing body constituted in one (1) of the following ways:
(a) Assembly. The supreme governing body is an assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of members or their representatives, together with other delegates as may be prescribed in the society’s laws. A society may provide for election of delegates by mail. The elected delegates shall constitute a majority in number and shall not have less than two-thirds (2/3) of the votes and not less than the number of votes required to amend the society’s laws. The assembly shall be elected and shall meet at least once every four (4) years and shall elect a board of directors to conduct the business of the society between meetings of the assembly. Vacancies on the board of directors between elections may be filled in the manner prescribed by the society’s laws.
(b) Direct election. The supreme governing body is a board composed of persons elected by the members, either directly or by their representatives in intermediate assemblies, and any other persons prescribed in the society’s laws. A society may provide for election of the board by mail. Each term of a board member may not exceed four (4) years. Vacancies on the board between elections may be filled in the manner prescribed by the society’s laws. Those persons elected to the board shall constitute a majority in number and not less than the number of votes required to amend the society’s laws. A person filling the unexpired term of an elected board member shall be considered to be an elected member. The board shall meet at least quarterly to conduct the business of the society.
(2) The officers of the society are elected either by the supreme governing body or by the board of directors;
(3) Only benefit members are eligible for election to the supreme governing body and the board of directors; and
(4) Each voting member shall have one (1) vote; no vote may be cast by proxy.
History:
[41-3203, added 1995, ch. 213, sec. 2, p. 723.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3204 - TERMS USED.

41-3204. TERMS USED. Whenever used in this chapter:
(1) "Benefit contract" shall mean the agreement for provision of benefits authorized by section 41-3216, Idaho Code, as that agreement is described in section 41-3219(1), Idaho Code.
(2) "Benefit member" shall mean an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract.
(3) "Certificate" shall mean the document issued as written evidence of the benefit contract.
(4) "Director" shall mean the director of the department of insurance of this state.
(5) "Laws" shall mean the society’s articles of incorporation, constitution and bylaws, however designated.
(6) "Lodge" shall mean subordinate member units of the society, known as camps, courts, councils, branches or by any other designation.
(7) "Premiums" shall mean premiums, rates, dues or other required contributions by whatever name known, which are payable under the certificate.
(8) "Rules" shall mean all rules, regulations or resolutions adopted by the supreme governing body or board of directors which are intended to have general application to the members of the society.
(9) "Society" shall mean fraternal benefit society, unless otherwise indicated.
History:
[41-3204, added 1995, ch. 213, sec. 2, p. 724.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3205 - PURPOSES AND POWERS.

41-3205. PURPOSES AND POWERS. (1) A society shall operate for the benefit of members and their beneficiaries by:
(a) Providing benefits as specified in section 41-3216, Idaho Code; and
(b) Operating for one (1) or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic or religious purposes for the benefit of its members, which may also be extended to others. Such purposes may be carried out directly by the society, or indirectly through subsidiary corporations or affiliated organizations.
(2) Every society shall have the power to adopt laws and rules for the government of the society, the admission of its members and the management of its affairs. It shall have the power to change, alter, add to or amend such laws and rules and shall have such other powers as are necessary and incidental to carrying into effect the objects and purposes of the society.
History:
[41-3205, added 1995, ch. 213, sec. 2, p. 725.]