reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 41 - INSURANCE › Chapter 16 - WORKER’S COMPENSATION RATES › Section 41-1614 - DEVIATIONS.

41-1614. DEVIATIONS. (1) Every member of a rating organization shall adhere to the filings made on its behalf by such organization except that any such insurer may make written application to the director for permission to file a uniform percentage decrease or increase to be applied to the premiums produced by the rating system so filed for a kind of insurance or for a class of insurance which is found by the director to be a proper rating unit for the application of such uniform percentage decrease or increase, or for a subdivision of a kind of insurance (a) comprised of a group of manual classifications which is treated as a separate unit for rate-making purposes, or (b) for which separate expense provisions are included in the filings of the rating organization. Such applications shall specify the basis for the modification and shall be accompanied by the data upon which the applicant relies. A copy of the application and data shall be sent simultaneously to such rating organization.
(2) The director shall set a time and place for a hearing at which the insurer and such rating organization may be heard and shall give them notice thereof in accordance with chapter 2, title 41, Idaho Code. In the event the director is advised by the rating organization that it does not desire a hearing he may, upon the consent of the applicant, waive such hearing. In permitting or denying such modification with respect to worker’s compensation insurance the director shall give consideration to the operating methods and expense provisions of the insurer as compared with the expense provisions included in the rating system filed by such rating organization.
(3) The director shall issue an order permitting the modification for such insurer to be filed if he finds it to be justified and it shall thereupon become effective. He shall issue an order denying such application if he finds that the modification is not justified or that the resulting premiums would be excessive, inadequate or unfairly discriminatory.
(4) Each deviation permitted to be filed shall be effective for a period of one (1) year from the date of such permission unless terminated sooner with the approval of the director.
History:
[41-1614, added 1961, ch. 330, sec. 375, p. 645; am. 2005, ch. 77, sec. 17, p. 266.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 16 - WORKER’S COMPENSATION RATES › Section 41-1615 - RATING ORGANIZATION MEMBERSHIP REQUIRED.

41-1615. RATING ORGANIZATION MEMBERSHIP REQUIRED. Every insurer, including the Idaho state insurance fund, writing workmen’s compensation insurance in this state shall be a member of a workmen’s compensation rating organization. No insurer may at the same time belong to more than one rating organization with respect to such insurance.
History:
[41-1615, added 1961, ch. 330, sec. 376, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 16 - WORKER’S COMPENSATION RATES › Section 41-1616 - RATING ORGANIZATION MINIMUM MEMBERSHIP.

41-1616. RATING ORGANIZATION MINIMUM MEMBERSHIP. Such a rating organization shall have as members not less than five (5) insurers authorized to write and writing workmen’s compensation insurance in this state, and whose combined experience is determined by the director to be reasonably adequate for rate-making purposes.
History:
[41-1616, added 1961, ch. 330, sec. 377, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 16 - WORKER’S COMPENSATION RATES › Section 41-1617 - RATING ORGANIZATION COMMITTEES.

41-1617. RATING ORGANIZATION COMMITTEES. In a rating organization of which the Idaho state insurance fund is a member, the Idaho state insurance fund shall be entitled, without election, to membership on any committee thereof established in connection with the operation of the rating organization in this state. One-half (1/2) of the members of each such committee shall be chosen by the stock insurers and one-half (1/2) by the nonstock insurers.
History:
[41-1617, added 1961, ch. 330, sec. 378, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 16 - WORKER’S COMPENSATION RATES › Section 41-1619 - OTHER PROVISIONS APPLICABLE.

41-1619. OTHER PROVISIONS APPLICABLE. Subject to the express provisions of this chapter, the following sections of chapter 14, title 41, Idaho Code, shall, to the extent so applicable, also apply as to this chapter:
(1) Section 41-1421 (technical services).
(2) Section 41-1425 (advisory organizations).
(3) Section 41-1426 (joint underwriting or joint reinsurance).
(4) Section 41-1427 (examination of rating, advisory, and joint reinsurance organizations).
(5) Section 41-1428 (recording, reporting of loss and expense experience).
(6) Section 41-1429 (interchange of data, consultation).
(7) Section 41-1431 (false, misleading information).
(8) Section 41-1432 (penalties for violations, noncompliance).
(9) Section 41-1433 (rules and regulations).
(10) Section 41-1434 (hearing procedure).
History:
[41-1619, added 1961, ch. 330, sec. 380, p. 645; am. 1969, ch. 306, sec. 19, p. 917; am. 2005, ch. 77, sec. 18, p. 266.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 16 - WORKER’S COMPENSATION RATES › Section 41-1621 - APPEAL BY MINORITY.

41-1621. APPEAL BY MINORITY. (1) Any member of or subscriber to a rating organization may appeal to the director from the action or decision of the rating organization in approving or rejecting any proposed change in or addition to the filings of the rating organization and the director shall, after a hearing held upon notice to the appellant and to the rating organization in accordance with chapter 2, title 41, Idaho Code, issue an order approving the action or decision of the rating organization or directing it to give further consideration to such proposal, or, if such appeal is from the action or decision of the rating organization in rejecting a proposed addition to its filings, he may, in the event he finds that such action or decision was unreasonable, issue an order directing the rating organization to make an addition to its filings, on behalf of its members and subscribers, in a manner consistent with his findings, within a reasonable time after the issuance of such order.
(2) If such appeal is based upon the failure of the rating organization to make a filing on behalf of such member or subscriber which is based on a system of expense provisions which differs, in accordance with the right granted in section 41-1603(2), Idaho Code, from the system of expense provisions included in a filing made by the rating organization, the director shall, if he grants the appeal, order the rating organization to make the requested filing for use by the appellant. In deciding such appeal the director shall apply the standards set forth in sections 41-1603 and 41-1604, Idaho Code.
History:
[41-1621, added 1969, ch. 306, sec. 21, p. 917; am. 2005, ch. 77, sec. 20, p. 268.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 16 - WORKER’S COMPENSATION RATES › Section 41-1622 - INFORMATION TO INSUREDS — REVIEW OF INSURED’S COMPLAINT.

41-1622. INFORMATION TO INSUREDS — REVIEW OF INSURED’S COMPLAINT. (1) Every rating organization and every insurer which makes its own rates shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charges as it may make, furnish to any insured affected by a rate made by it, or to the authorized representative of such insured, all pertinent information as to such rate.
(2) Every rating organization and every insurer which makes its own rates shall provide within this state reasonable means whereby any person aggrieved by the application of its rating system may be heard, in person or by his authorized representative, on his written request to review the manner in which such rating system has been applied in connection with the insurance afforded him. If the rating organization or insurer fails to grant or reject such request within thirty (30) days after it is made, the applicant may proceed in the same manner as if his application had been rejected. Any party affected by the action of such rating organization or such insurer on such request may, within thirty (30) days after written notice of such action, appeal to the director, who, after a hearing held upon notice to the appellant and to such rating organization or insurer in accordance with chapter 2, title 41, Idaho Code, may affirm or reverse such action.
History:
[41-1622, added 1969, ch. 306, sec. 22, p. 917; am. 2005, ch. 77, sec. 21, p. 268.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 16 - WORKER’S COMPENSATION RATES › Section 41-1623 - APPEAL FROM FILING.

41-1623. APPEAL FROM FILING. (1) Any person or organization aggrieved with respect to any filing which is in effect may make written application to the director for a hearing thereon, provided, however, that the insurer or rating organization that made the filing shall not be authorized to proceed under this section. Such application shall specify the grounds to be relied upon by the applicant. If the director finds that the application is made in good faith, that the applicant would be so aggrieved if his grounds are established, and that such grounds otherwise justify holding such a hearing, he shall hold a hearing upon notice to the applicant and to every insurer and rating organization which made the filing in accordance with chapter 2, title 41, Idaho Code.
(2) If, after such hearing, the director finds that the filing does not meet the requirements of the law he shall issue an order specifying in what respects he finds that such filing fails to meet the requirements of law, and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Copies of the order shall be sent to the applicant and to every such insurer and rating organization. The order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in the order.
History:
[41-1623, added 1969, ch. 306, sec. 23, p. 917; am. 2005, ch. 77, sec. 22, p. 269.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 16 - WORKER’S COMPENSATION RATES › Section 41-1624 - COOPERATION AMONG RATING ORGANIZATIONS AND INSURERS.

41-1624. COOPERATION AMONG RATING ORGANIZATIONS AND INSURERS. Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this chapter is hereby authorized, providing the filings resulting from such cooperation are subject to all the provisions of this chapter which are applicable to filings generally. The director may review such cooperative activities and practices and if, after a hearing, he finds that any such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of law, he may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of law, and requiring the discontinuance of such activity or practice.
History:
[I.C., sec. 41-1624, as added by 1969, ch. 306, sec. 24, p. 917.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 17 - BUSINESS TRANSACTED WITH BROKER CONTROLLED INSURER › Section 41-1701 - SHORT TITLE.

41-1701. SHORT TITLE. This chapter may be cited as the "Business Transacted with Broker Controlled Insurer Act."
History:
[41-1701, added 1993, ch. 194, sec. 12, p. 502.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 17 - BUSINESS TRANSACTED WITH BROKER CONTROLLED INSURER › Section 41-1702 - DEFINITIONS.

41-1702. DEFINITIONS. As used in this chapter:
(1) "Accredited state" means a state in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the national association of insurance commissioners (NAIC).
(2) "Broker" means an insurance broker or brokers or any other person, firm, association or corporation, when, for any compensation, commission or other thing of value, such person, firm, association or corporation acts or aids in any manner in soliciting, negotiating or procuring the making of any insurance contract on behalf of an insured other than the person, firm, association or corporation.
(3) "Control" or "controlled" has the meaning ascribed in section 41-3802(2), Idaho Code.
(4) "Controlled insurer" means a licensed insurer which is controlled, directly or indirectly, by a broker.
(5) "Controlling broker" means a broker who, directly or indirectly, controls an insurer.
(6) "Licensed insurer" or "insurer" means any person, firm, association or corporation duly licensed to transact a property/casualty insurance business in this state. The following inter alia are not licensed insurers for the purposes of this chapter:
(a) All risk retention groups as defined in the superfund amendments reauthorization act of 1986, P.L. 99-499, 100 Stat. 1613 (1986) and the risk retention act 15 U.S.C. section 3901 et seq. (1982 and supp. 1986) and chapter 48, title 41, Idaho Code;
(b) All residual market pools and joint underwriting authorities or associations; and
(c) All captive insurers. For purposes of this chapter, captive insurers are insurance companies owned by another organization whose exclusive purpose is to insure risks of the parent organization and affiliated companies or, in the case of groups and associations, insurance organizations owned by the insureds whose exclusive purpose is to insure risks to member organizations and/or group members and their affiliates.
History:
[41-1702, added 1993, ch. 194, sec. 12, p. 502; am. 2013, ch. 266, sec. 9, p. 683.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 17 - BUSINESS TRANSACTED WITH BROKER CONTROLLED INSURER › Section 41-1703 - APPLICABILITY.

41-1703. APPLICABILITY. This chapter shall apply to licensed insurers as defined in section 41-1702, Idaho Code, either domiciled in this state or domiciled in a state that is not an accredited state having in effect a substantially similar law. All provisions of chapter 38, title 41, Idaho Code, to the extent they are not superseded by this chapter, shall continue to apply to all parties within holding company systems subject to the provisions of this chapter.
History:
[41-1703, added 1993, ch. 194, sec. 12, p. 503.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 17 - BUSINESS TRANSACTED WITH BROKER CONTROLLED INSURER › Section 41-1705 - DISCLOSURE.

41-1705. DISCLOSURE. The broker, prior to the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between the broker and the controlled insurer; except that, if the business is placed through a subbroker who is not a controlling broker, the controlling broker shall retain in his records a signed commitment from the subbroker that the subbroker is aware of the relationship between the insurer and the broker and that the subbroker has or will notify the insured.
History:
[41-1705, added 1993, ch. 194, sec. 12, p. 506.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 17 - BUSINESS TRANSACTED WITH BROKER CONTROLLED INSURER › Section 41-1706 - PENALTIES.

41-1706. PENALTIES. (1) If the director believes that the controlling broker or any other person has not materially complied with the provisions of this chapter, or any regulation or order promulgated hereunder, after notice and opportunity to be heard, the director may order the controlling broker to cease placing business with the controlled insurer; and, if it was found that because of such material noncompliance that the controlled insurer or any policyholder thereof has suffered any loss or damage, the director may maintain a civil action or intervene in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory damages for the benefit of the insurer or policyholder or other appropriate relief.
(2) If an order for liquidation or rehabilitation of the controlled insurer has been entered pursuant to chapter 33, title 41, Idaho Code, and the receiver appointed under that order believes that the controlling broker or any other person has not materially complied with the provisions of this chapter, or any regulation or order promulgated hereunder, and the insurer suffered any loss or damage therefrom, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer.
(3) Nothing contained in this section shall affect the right of the director to impose any other penalties provided for in the insurance code.
(4) Nothing contained in this section is intended to, or shall in any manner, alter or affect the rights of policyholders, claimants, creditors or other third parties.
History:
[41-1706, added 1993, ch. 194, sec. 12, p. 506.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1801 - SCOPE OF CHAPTER.

41-1801. SCOPE OF CHAPTER. This chapter applies as to all insurance contracts and annuity contracts, other than:
(1) Reinsurance.
(2) Policies or contracts not issued for delivery in this state nor delivered in this state.
(3) Wet marine and transportation insurance.
Provided, however, that the above stated exceptions shall not apply to section 41-1839.
History:
[41-1801, added 1961, ch. 330, sec. 393, p. 645; am. 1967, ch. 26, sec. 1, p. 46.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1802 - “POLICY” DEFINED.

41-1802. "POLICY" DEFINED. "Policy" means the written contract of or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, endorsements and papers which are a part thereof.
History:
[41-1802, added 1961, ch. 330, sec. 394, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1803 - “PREMIUM” DEFINED.

41-1803. "PREMIUM" DEFINED. "Premium" is the consideration for insurance by whatever name called. Any "assessment," or any "membership," "policy," "survey," "inspection," "service" or similar fee or other charge in consideration for an insurance contract is deemed part of the premium; provided that producer fees charged pursuant to section 41-1030, Idaho Code, shall not be considered a premium unless the fee relates to a surplus line policy.
History:
[41-1803, added 1961, ch. 330, sec. 395, p. 645; am. 2001, ch. 154, sec. 2, p. 558; am. 2002, ch. 359, sec. 2, p. 1018.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1804 - INSURABLE INTEREST — PERSONAL INSURANCE.

41-1804. INSURABLE INTEREST — PERSONAL INSURANCE. (1) Any individual of competent legal capacity may procure or effect an insurance contract upon his own life or body for the benefit of any person. But, except as provided in section 41-1805, no person shall procure or cause to be procured any insurance contract upon the life or body of another individual unless the benefits under such contract are payable to the individual insured or his personal representatives, or to a person having, at the time when such contract was made, an insurable interest in the individual insured.
(2) If the beneficiary, assignee, or other payee under any contract made in violation of this section receives from the insurer any benefits thereunder accruing upon the death, disablement, or injury of the individual insured, the individual insured or his executor or administrator, as the case may be, may maintain an action to recover such benefits from the person so receiving them.
(3) "Insurable interest" as to personal insurance means that every individual has an insurable interest in the life, body and health of himself, and of other persons as follows:
(a) In the case of individuals related closely by blood or by law, a substantial interest engendered by love and affection;
(b) In the case of other persons, a lawful and substantial economic interest in having the life, health, or bodily safety of the individual insured continue, as distinguished from an interest which would arise only by, or would be enhanced in value by, the death, disablement or injury of the individual insured; and
(c) An individual heretofore or hereafter party to a contract or option for the purchase or sale of an interest in a business partnership or firm, or of shares of stock of a closed corporation or of an interest in such shares, has an insurable interest in the life of each individual party to such contract and for the purposes of such contract only, in addition to any insurable interest which may otherwise exist as to the life of such individual.
(4) An insurer shall be entitled to rely upon all statements, declarations and representations made by an applicant for insurance relative to the insurable interest of the applicant in the insured; and no insurer shall incur legal liability except as set forth in the policy, by virtue of any untrue statements, declarations or representations so relied upon in good faith by the insurer.
History:
[41-1804, added 1961, ch. 330, sec. 396, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1805 - LIFE INSURANCE FOR BENEFIT OF CERTAIN INSTITUTIONS.

41-1805. LIFE INSURANCE FOR BENEFIT OF CERTAIN INSTITUTIONS. (1) Contracts of life insurance may be made and entered into in which the person paying the consideration for such insurance has no insurable interest in the life of the person insured, where charitable, benevolent, educational, or religious institutions are designated irrevocably as the beneficiaries thereof.
(2) In making such contracts the person paying the premium shall make and sign the application therefor as owner and shall designate a charitable, benevolent, educational, or religious institution irrevocably as the beneficiary or beneficiaries of such policy. The application also shall be signed by the person whose life is to be insured.
(3) Such a contract shall be valid and binding between and among all of the parties thereto, and the person paying the consideration for such insurance shall have all rights conferred by the contract to loan value at any time during the premium paying period, but not at maturity, notwithstanding such person has no insurable interest in the life of the person insured.
History:
[41-1805, added 1961, ch. 330, sec. 397, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1806 - INSURABLE INTEREST — PROPERTY.

41-1806. INSURABLE INTEREST — PROPERTY. (1) No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured as at the time of the loss.
(2) "Insurable interest" as used in this section means any actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary damage or impairment.
(3) The measure of an insurable interest in property is the extent to which the insured might be directly damnified by loss, injury, or impairment thereof.
History:
[41-1806, added 1961, ch. 330, sec. 398, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1807 - POWER TO CONTRACT — PURCHASE OF INSURANCE BY MINORS.

41-1807. POWER TO CONTRACT — PURCHASE OF INSURANCE BY MINORS. (1) Any person of competent legal capacity may contract for insurance.
(2) Any minor not less than fifteen (15) years of age, notwithstanding his minority, may contract for annuities or for insurance upon his own life, body, health, property, liabilities or other interests, or on the person of another in whom the minor has an insurable interest. Such a minor shall, notwithstanding such minority, be deemed competent to exercise all rights and powers with respect to or under (a) any contract for annuity or for insurance upon his own life, body or health, or (b) any contract such minor effected upon his own property, liabilities or other interests, or on the person of another, as might be exercised by a person of full legal age, and may at any time surrender his interest in any such contracts and give valid discharge for any benefit accruing or money payable thereunder. Such a minor shall not, by reason of his minority, be entitled to rescind, avoid or repudiate the contract, nor to rescind, avoid or repudiate any exercise of a right or privilege thereunder, except that such a minor not otherwise emancipated, shall not be bound by any unperformed agreement to pay by promissory note or otherwise, any premium on any such annuity or insurance contract.
(3) Any annuity contract or policy of life or disability insurance procured by or for a minor under subsection (2) above, shall be made payable either to the minor or his estate or to a person having an insurable interest in the life of the minor.
History:
[41-1807, added 1961, ch. 330, sec. 399, p. 645; am. 1977, ch. 142, sec. 7, p. 309.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1808 - APPLICATION REQUIRED — LIFE AND DISABILITY INSURANCE.

41-1808. APPLICATION REQUIRED — LIFE AND DISABILITY INSURANCE. No life or disability insurance contract upon an individual, except a contract of group life insurance or of group or blanket disability insurance, shall be made or effectuated unless at the time of the making of the contract the individual insured, being of competent legal capacity to contract, applies therefor or has consented thereto in writing, except in the following cases:
(1) A spouse may effectuate such insurance upon the other spouse.
(2) Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effectuate insurance upon the life of or pertaining to such minor.
(3) Family policies may be issued insuring any two (2) or more members of a family on an application signed by either parent, a stepparent, or by a husband or wife.
History:
[41-1808, added 1961, ch. 330, sec. 400, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1809 - ALTERATION OF APPLICATION — LIFE AND DISABILITY INSURANCE.

41-1809. ALTERATION OF APPLICATION — LIFE AND DISABILITY INSURANCE. No alteration of any written application for any life or disability insurance policy shall be made by any person other than the applicant without his written consent, except that insertions may be made by the insurer, for administrative purposes only, in such manner as to indicate clearly that such insertions are not to be ascribed to the applicant.
History:
[41-1809, added 1961, ch. 330, sec. 401, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1810 - APPLICATION AS EVIDENCE.

41-1810. APPLICATION AS EVIDENCE. (1) No application for the issuance of any life or disability insurance policy or annuity contract shall be admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or otherwise made a part of the policy or contract when issued. This provision shall not apply to industrial life insurance policies.
(2) If any policy of life or disability insurance delivered in this state is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall, within thirty (30) days after receipt of such request at its home office, deliver or mail to the person making such request a copy of such application reproduced by any legible means. If such copy is not so delivered or mailed after having been so requested, the insurer shall be precluded from introducing the application in evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal. In the case of such a request from a beneficiary, the time within which the insurer is required to furnish a copy of such application shall not begin to run until after receipt of evidence satisfactory to the insurer of the beneficiary’s vested interest in the policy or contract.
(3) As to kinds of insurance other than life or disability insurance, no application for insurance signed by or on behalf of the insured shall be admissible in evidence in any action between the insured and the insurer arising out of the policy so applied for, if the insurer has failed, at expiration of thirty (30) days after receipt by the insurer of written demand therefor by or on behalf of the insured, to furnish to the insured a copy of such application reproduced by any legible means.
History:
[41-1810, added 1961, ch. 330, sec. 402, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1811 - REPRESENTATIONS IN APPLICATIONS.

41-1811. REPRESENTATIONS IN APPLICATIONS. All statements and descriptions in any application for an insurance policy or annuity contract, or in negotiations therefor, by or in behalf of the insured or annuitant, shall be deemed to be representations and not warranties. Misrepresentations, omissions, concealment of facts, and incorrect statements shall not prevent a recovery under the policy or contract unless either:
(a) Fraudulent; or
(b) Material either to the acceptance of the risk, or to the hazard assumed by the insurer; or
(c) The insurer in good faith would either not have issued the policy or contract, or would not have issued it at the same premium rate, or would not have issued a policy or contract in as large an amount, or would not have provided coverage with respect to the hazard resulting in the loss, if the true facts had been made known to the insurer as required either by the application for the policy or contract or otherwise.
History:
[41-1811, added 1961, ch. 330, sec. 403, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1812 - FILING, USE AND DISAPPROVAL OF FORMS.

41-1812. FILING, USE AND DISAPPROVAL OF FORMS. (1) No basic insurance policy or annuity contract form, or application form where written application is required and is to be made a part of the policy or contract, or printed rider or endorsement form or form of renewal certificate, shall be delivered, or issued for delivery in this state, unless the form has been filed with the director. This provision shall not apply to surety bonds, or to specially rated inland marine risks, nor to policies, riders, endorsements, or forms of unique character designed for and used with relation to insurance upon a particular subject, or which relate to the manner of distribution of benefits or to the reservation of rights and benefits under life or disability insurance policies and are used at the request of the individual policyholder, contract holder, or certificate holder. As to group insurance policies effectuated and delivered outside this state but covering persons resident in this state, the group certificates to be delivered or issued for delivery in this state shall be filed with the director. As to forms for use in property, marine (other than wet marine and transportation insurance), casualty and surety insurance coverages the filing required by this subsection may be made by rating organizations on behalf of its members and subscribers; but this provision shall not be deemed to prohibit any such member or subscriber from filing any such forms on its own behalf.
(2) Every such filing shall be submitted with a certification, in such form as may be determined by the director, by an officer of the insurer that each policy, form, endorsement, or rider in use complies with Idaho law. The director shall have the power to examine such filings to determine whether the policies, forms, endorsements, and riders, as filed, comply with the certification of the insurer and with Idaho law relating to the content of such documents. Upon a determination that any document filed in accordance with this section does not comply with Idaho law, the director shall, in accordance with the Idaho administrative procedure act, prohibit the use of such policy, form, endorsement, rider or other document.
(3) The director may, by order, exempt from the requirements of this section for so long as he deems proper any insurance document or form or type thereof as specified in such order, to which, in his opinion, this section may not practicably be applied, or the filing and approval of which are, in his opinion, not desirable or necessary for the protection of the public.
History:
[41-1812, added 1961, ch. 330, sec. 404, p. 645; am. 1982, ch. 148, sec. 1, p. 412; am. 1995, ch. 137, sec. 1, p. 591; am. 1997, ch. 344, sec. 1, p. 1027.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1813 - GROUNDS FOR DISAPPROVAL.

41-1813. GROUNDS FOR DISAPPROVAL. The director shall disapprove any form filed under section 41-1812, [Idaho Code,] or withdraw any previous approval thereof, only on one or more of the following grounds:
(1) Is in any respect in violation of or does not comply with this code.
(2) Contains or incorporates by reference, where such incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses, or exceptions and conditions which deceptively affect the risk purported to be assumed in the general coverage of the contract, or which are unfairly prejudicial to the policy holder.
(3) Has any title, heading, or other indication of its provisions which is misleading.
(4) Is printed or otherwise reproduced in such manner as to render any provision of the form substantially illegible.
History:
[41-1813, added 1961, ch. 330, sec. 405, p. 645; am. 1969, ch. 214, sec. 48, p. 625.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1814 - STANDARD PROVISIONS IN GENERAL.

41-1814. STANDARD PROVISIONS IN GENERAL. (1) Insurance contracts shall contain such standard or uniform provisions as are required by the applicable provisions of this code pertaining to contracts of particular kinds of insurance. The director may waive the required use of a particular provision in a particular insurance policy form if:
(a) He finds such provision unnecessary for the protection of the insured and inconsistent with the purposes of the policy, and
(b) The policy is otherwise approved by him.
(2) No policy shall contain any provision inconsistent with or contradictory to any standard or uniform provision used or required to be used, but the director may approve any substitute provision which is, in his opinion, not less favorable in any particular to the insured or beneficiary than the provisions otherwise required.
(3) In lieu of the provisions required by this code for contracts for particular kinds of insurance, substantially similar provisions required by the law of the domicile of a foreign or alien insurer may be used when approved by the director.
History:
[41-1814, added 1961, ch. 330, sec. 406, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1815 - CONTENTS OF POLICIES IN GENERAL.

41-1815. CONTENTS OF POLICIES IN GENERAL. (1) Every policy shall specify:
(a) The names of the parties to the contract.
(b) The subject of the insurance.
(c) The risks insured against.
(d) The time when the insurance thereunder takes effect and the period during which the insurance is to continue.
(e) The premium.
(f) The conditions pertaining to the insurance.
(2) If under the policy the exact amount of premium is determinable only at stated intervals or termination of the contract, a statement of the basis and rates upon which the premium is to be determined and paid shall be included.
(3) Subsections (1) and (2) above shall not apply as to surety contracts, or to group insurance policies.
History:
[41-1815, added 1961, ch. 330, sec. 407, p. 645; am. 1987, ch. 278, sec. 14, p. 584; am. 1990, ch. 240, sec. 1, p. 683.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1816 - ASSESSMENT POLICIES — SPECIAL CONTENTS.

41-1816. ASSESSMENT POLICIES — SPECIAL CONTENTS. Every policy delivered or issued for delivery in this state by an insurer otherwise than authorized under other express provisions of this code to transact such insurance in this state on the assessment plan, together with the form of any application for such a policy to be signed by the applicant, shall have conspicuously printed near the top on the face thereof in boldface type of a size not less than the largest type used for any heading or caption in the policy or application, as applicable, the words "issued on the assessment plan" or "assessment plan".
History:
[41-1816, added 1961, ch. 330, sec. 408, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1817 - ADDITIONAL POLICY CONTENTS.

41-1817. ADDITIONAL POLICY CONTENTS. A policy may contain additional provisions not inconsistent with this code and which are:
(1) Required to be inserted by the laws of the insurer’s domicile;
(2) Necessary, on account of the manner in which the insurer is constituted or operated, in order to state the rights and obligations of the parties to the contract, or
(3) Desired by the insurer and neither prohibited by law nor in conflict with any provisions required to be included therein.
History:
[41-1817, added 1961, ch. 330, sec. 409, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1818 - CHARTER AND BY-LAW PROVISIONS.

41-1818. CHARTER AND BY-LAW PROVISIONS. No policy shall contain any provision purporting to make any portion of the charter, by-laws or other constituent document of the insurer (other than the subscriber’s agreement or power of attorney of a reciprocal insurer) a part of the contract unless such portion is set forth in full in the policy. Any policy provision in violation of this section shall be invalid.
History:
[41-1818, added 1961, ch. 330, sec. 410, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1819 - EXECUTION OF POLICIES.

41-1819. EXECUTION OF POLICIES. (1) Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney in fact, employee, or representative duly authorized by the insurer.
(2) A facsimile signature of any such executing individual may be used in lieu of an original signature.
(3) No insurance contract heretofore or hereafter issued and which is otherwise valid shall be rendered invalid by reason of the apparent execution thereof on behalf of the insurer by the imprinted facsimile signature of an individual not authorized so to execute as of the date of the policy.
History:
[41-1819, added 1961, ch. 330, sec. 411, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1820 - UNDERWRITERS’ AND COMBINATION POLICIES.

41-1820. UNDERWRITERS’ AND COMBINATION POLICIES. (1) Two (2) or more authorized insurers may jointly issue, and shall be jointly and severally liable on, an underwriters’ policy bearing their names. Any one (1) insurer may issue policies in the name of an underwriter’s department and such policy shall plainly show the true name of the insurer.
(2) Two (2) or more insurers may, with the approval of the director, issue a combination policy which shall contain provisions substantially as follows:
(a) That the insurers executing the policy shall be severally liable for the full amount of any loss or damage, according to the terms of the policy, or for specified percentages or amounts thereof, aggregating the full amount of insurance under the policy, and
(b) That service of process, or of any notice or proof of loss required by such policy, upon any of the insurers executing the policy, shall constitute service upon all such insurers.
(3) This section shall not apply to cosurety obligations.
History:
[41-1820, added 1961, ch. 330, sec. 412, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1821 - VALIDITY AND CONSTRUCTION OF NONCOMPLYING FORMS.

41-1821. VALIDITY AND CONSTRUCTION OF NONCOMPLYING FORMS. (1) A policy hereafter delivered or issued for delivery to any person in this state in violation of this code, but otherwise binding on the insurer, shall be held valid, but shall be construed as provided in this code.
(2) Any insurance policy, rider, or endorsement hereafter issued and otherwise valid which contains any condition, omission or provision not in compliance with the requirements of this code, shall not be thereby rendered invalid but shall be construed and applied in accordance with such conditions and provisions as would have applied had such policy, rider, or endorsement been in full compliance with this code.
History:
[41-1821, added 1961, ch. 330, sec. 413, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1822 - CONSTRUCTION OF POLICIES.

41-1822. CONSTRUCTION OF POLICIES. Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any rider, endorsement, or application lawfully made a part of the policy.
History:
[41-1822, added 1961, ch. 330, sec. 414, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1823 - BINDERS.

41-1823. BINDERS. (1) Binders or other contracts for temporary insurance may be made orally or in writing and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such supplemental information and applicable endorsements as are designated in the binder, except as superseded by the clear and express terms of the binder.
(2) No binder shall be valid beyond the issuance of the policy, or the endorsement, or the policy expiration, whichever is shortest, with respect to which it was given.
(3) This section shall not apply to life or disability insurances.
History:
[41-1823, added 1961, ch. 330, sec. 415, p. 645; am. 2012, ch. 314, sec. 2, p. 865.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1824 - DELIVERY OF POLICY.

41-1824. DELIVERY OF POLICY. (1) Subject to the insurer’s requirements as to payment of premium, every policy shall be mailed or delivered to the insured or to the person entitled thereto within a reasonable period of time after its issuance except where a condition required by the insurer has not been met by the insured.
(2) In event the original policy is delivered or is so required to be delivered to or for deposit with any vendor, mortgagee, or pledgee of any motor vehicle, and in which policy any interest of the vendee, mortgagor, of pledgor in or with reference to such vehicle is insured, a duplicate of such policy setting forth the name and address of the insurer, insurance classification of vehicle, type of coverage, limits of liability, premiums for the respective coverages, and duration of the policy, or memorandum thereof containing the same such information, shall be delivered by the vendor, mortgagee, or pledgee to each such vendee, mortgagor, or pledgor named in the policy or coming within the group of persons designated in the policy to be so included. If the policy does not provide coverage of legal liability for injury to persons or damage to the property of third parties, adequate notice including, but not limited to, a printed, written, or stamped statement of such fact located conspicuously on the face of such duplicate policy or memorandum shall be provided to the insured, pursuant to rules and regulations adopted by the director of the department of insurance. The director shall prescribe a form, which must be signed by the insured stating that he has received notification as required herein, and by the vendor stating that he has supplied the notification as required herein. This subsection does not apply to inland marine floater policies.
History:
[41-1824, added 1961, ch. 330, sec. 416, p. 645; am. 1971, ch. 165, sec. 1, p. 787.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1825 - RENEWAL BY CERTIFICATE.

41-1825. RENEWAL BY CERTIFICATE. Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option of the insurer and upon a currently authorized policy form and at the premium rate then required therefor, for a specific additional period or periods by certificate or by endorsement of the policy, and without requiring the issuance of a new policy.
History:
[41-1825, added 1961, ch. 330, sec. 417, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1826 - ASSIGNMENT OF POLICIES.

41-1826. ASSIGNMENT OF POLICIES. A policy may be assignable or not assignable, as provided by its terms. Subject to its terms relating to assignability, any life or disability policy, whether heretofore or hereafter issued, under the terms of which the beneficiary may be changed upon the sole request of the insured or owner, may be assigned either by pledge or transfer of title, by an assignment executed by the insured or owner alone and delivered to the insurer, whether or not the pledgee or assignee is the insurer. Any such assignment shall entitle the insurer to deal with the assignee as the owner or pledgee of the policy in accordance with the terms of the assignment, until the insurer has received at its home office written notice of termination of the assignment or pledge, or written notice by or on behalf of some other person claiming some interest in the policy in conflict with the assignment.
History:
[41-1826, added 1961, ch. 330, sec. 418, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1827 - RIGHT TO INSPECT POLICIES IN FORCE.

41-1827. RIGHT TO INSPECT POLICIES IN FORCE. The director shall have the right to inspect any policy covering any risk in this state, and every policyholder shall produce and exhibit any policy in his possession or control when required for such inspection. Any person who violates this section shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not exceeding five hundred dollars ($500).
History:
[41-1827, added 1961, ch. 330, sec. 419, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 18 - THE INSURANCE CONTRACT › Section 41-1828 - PAYMENT DISCHARGES INSURER — PAYMENT TO MARITAL COMMUNITY.

41-1828. PAYMENT DISCHARGES INSURER — PAYMENT TO MARITAL COMMUNITY. (1) Whenever the proceeds of or payments under a life or disability insurance policy or annuity contract heretofore or hereafter issued become payable in accordance with the terms of such policy or contract, or the exercise of any right or privilege thereunder, and the insurer makes payment thereof in accordance with the terms of the policy or contract or in accordance with any written assignment thereof, the person then designated in the policy or contract or by such assignment as being entitled thereto shall be entitled to receive such proceeds or payments and to give full acquittance therefor, and such payments shall fully discharge the insurer from all claims under the policy or contract unless, before payment is made, the insurer has received at its home office written notice by or on behalf of some other person that such other person claims to be entitled to such payment or some interest in the policy or contract.
(2) Where the person designated in the policy or contract or by assignment as being entitled thereto is a member of a marital community, whether husband or wife, and the policy or contract is upon the life or disability of either, he or she may receive payment, and shall be and is constituted agent of the marital community with authority to give full acquittance therefor; and such payment to the marital community agent so designated shall fully discharge the insurer from all claims under the policy or contract, but no rights of either member of the marital community, as between themselves, to accounting or division shall be impaired or affected by such payment.
History:
[41-1828, added 1961, ch. 330, sec. 420, p. 645.]