reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 41 - INSURANCE › Chapter 25 - CASUALTY INSURANCE CONTRACTS › Section 41-2506 - CANCELLATION OF POLICIES — DEFINITIONS.

41-2506. CANCELLATION OF POLICIES — DEFINITIONS. (1) As used in sections 41-2506 through 41-2512, Idaho Code:
(a) "Policy" means any one (1) or more of the following portions of an automobile insurance policy, delivered or issued for delivery in this state, insuring a natural person as named insured, or one (1) or more related individuals resident of the same household, and under which the insured vehicles therein designated are motor vehicles of the private passenger or station wagon type (not used for public or livery conveyance of passengers, or rented to others) or any other four-wheel motor vehicles with a load capacity of fifteen thousand (15,000) pounds or less not used in the occupation, profession, or business of the insured and:
(i) Insuring against bodily injury and property damage liability;
(ii) Insuring against physical damage;
(iii) Insuring against risks commonly included under "comprehensive coverage";
(iv) Relating to medical payments;
(v) Providing uninsured motorist coverage.
(b) Policy does not mean automobile liability insurance:
(i) Issued under an assigned risk plan; or
(ii) Covering garage, automobile sales agency, repair shop, service station, or public parking place operation hazards.
(c) "Renewal" or "to renew" means the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term. Any policy with a policy period or term of less than six (6) months or any policy with no fixed expiration date shall for the purpose of this section be considered as if written for successive policy periods or terms of six (6) months.
(d) "Nonpayment of premium" means failure of the named insured to discharge when due any of his obligations in connection with the payment of premiums on a policy or any installment of such premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit.
(2) Sections 41-2506 through 41-2512, Idaho Code, shall not apply to any policy that has been in effect less than sixty (60) days at the time notice of cancellation is mailed or delivered by the insurer, unless it is a renewal policy.
History:
[41-2506, added 1969, ch. 214, sec. 59, p. 625; am. 2021, ch. 42, sec. 4, p. 125.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 25 - CASUALTY INSURANCE CONTRACTS › Section 41-2508 - NOTICE OF CANCELLATION OR INTENTION NOT TO RENEW.

41-2508. NOTICE OF CANCELLATION OR INTENTION NOT TO RENEW. (1) No cancellation of a policy to which section 41-2506 of this act applies shall be effective unless notice thereof is mailed or delivered by the insurer to the named insured at least twenty (20) days prior to the effective date of cancellation, except that where cancellation is for nonpayment of premium at least ten (10) days’ notice of cancellation accompanied by the reason therefor shall be given. Unless the reason or reasons accompany or are included in the notice, the notice shall state or be accompanied by a statement that upon written request of the named insured, mailed or delivered to the insurer not less than ten (10) days prior to the effective date of cancellation, the insurer will specify the reason or reasons for such cancellation.
(2) No insurer shall fail to renew a policy to which section 41-2506 of this act applies unless it shall mail or deliver to the named insured, at the address shown on the policy, at least thirty (30) days’ advance notice of its intention not to renew. Unless the reason or reasons accompany or are included in the notice, the notice shall state or be accompanied by a statement that upon written request of the named insured, mailed or delivered to the insurer not less than fifteen (15) days prior to the effective date or nonrenewal, the insurer will specify the reason or reasons for such nonrenewal. This subsection shall not apply in case of nonpayment of premium, or if the insurer has manifested its willingness to renew. Notwithstanding the failure of an insurer to comply with this subsection, the policy shall terminate on the effective date of any other policy procured by the insured, with respect to any automobile designated in both policies. Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation or nonrenewal which existed before the effective date of the renewal.
(3) Proof of mailing of notice of cancellation, or of intention not to renew or of reasons for cancellation or nonrenewal to the named insured at his address last of record with the insurer, shall be sufficient proof of notice.
(4) When a policy is canceled, other than for nonpayment of premium, or in the event of failure to renew a policy to which subsection (2), above, applies, the insurer shall notify the named insured of any possible eligibility for insurance through an automobile assigned risk plan. Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew, and shall state that such notice of availability of the automobile assigned risk plan is given pursuant to this section.
History:
[I.C., sec. 41-2508, as added by 1969, ch. 214, sec. 61, p. 625.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 25 - CASUALTY INSURANCE CONTRACTS › Section 41-2509 - CANCELLATIONS AND NONRENEWAL — EXCEPTIONS TO.

41-2509. CANCELLATIONS AND NONRENEWAL — EXCEPTIONS TO. Nothing contained in sections 41-2506 through 41-2512 of this act shall be construed to prevent the cancellation or nonrenewal of any such insurance where:
(1) Cancellation or nonrenewal is ordered under or in connection with a statutory delinquency proceeding commenced against the insurer under chapter 33 (rehabilitations and liquidations), Idaho Code, or
(2) Cancellation or nonrenewal has been consented to by the director on a showing that continuation of such insurance can reasonably be expected to create a condition in the insurer hazardous to its policyholders, or to its creditors, or to its members, subscribers, or stockholders, or to the public.
History:
[I.C., sec. 41-2509, as added by 1969, ch. 214, sec. 62, p. 625.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 25 - CASUALTY INSURANCE CONTRACTS › Section 41-2510 - EXCLUSION AND CANCELLATION OF DESIGNATED INDIVIDUALS.

41-2510. EXCLUSION AND CANCELLATION OF DESIGNATED INDIVIDUALS. Except as respects the legal liability of the named insured, the insurer shall have the right to exclude, cancel or refuse to renew coverage under an automobile insurance policy as to designated individuals. Any such cancellation or refusal to renew shall be acknowledged by the signature of the named insured, and shall be subject to the applicable provisions of sections 41-2506 through 41-2512 of this act as for cancellation or refusal to renew the policy.
History:
[I.C., sec. 41-2510, as added by 1969, ch. 214, sec. 63, p. 625.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 25 - CASUALTY INSURANCE CONTRACTS › Section 41-2511 - DEDUCTIBLE — PERMISSIVE.

41-2511. DEDUCTIBLE — PERMISSIVE. Nothing in sections 41-2506 through 41-2512, Idaho Code, shall prohibit, or be construed to prohibit, an insurer from requiring a provision for a reasonable deductible not exceeding two hundred fifty dollars ($250) in amount as to comprehensive coverage and not exceeding five hundred dollars ($500) in amount as to collision or physical damage coverages of the policy, as a condition to renewal of an automobile insurance policy.
History:
[41-2511, added 1969, ch. 214, sec. 64, p. 625; am. 1991, ch. 312, sec. 1, p. 820; am. 2012, ch. 90, sec. 1, p. 253.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 25 - CASUALTY INSURANCE CONTRACTS › Section 41-2512 - RELIEVING LIABILITY FOR DISCLOSURE OF CANCELLATION AND NONRENEWAL INFORMATION.

41-2512. RELIEVING LIABILITY FOR DISCLOSURE OF CANCELLATION AND NONRENEWAL INFORMATION. There shall be no liability on the part of and no cause of action of any nature shall arise against the director, or the insurer, its authorized representative, its agents, its employees, or any firm, person or corporation furnishing to the insurer information as to reasons for cancellation or refusal to renew any policy under sections 41-2506 through 41-2512 of this act, for any statement made by any of them in any written notice or explanation of cancellation or refusal to renew, for the providing of information pertaining thereto, or for statements made or evidence submitted at the hearings conducted in connection therewith.
History:
[I.C., sec. 41-2512, as added by 1969, ch. 214, sec. 65, p. 625.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 25 - CASUALTY INSURANCE CONTRACTS › Section 41-2513 - WORKMEN’S COMPENSATION POLICIES — SEGREGATION OF PARTICIPATING AND NONPARTICIPATING BUSINESS.

41-2513. WORKMEN’S COMPENSATION POLICIES — SEGREGATION OF PARTICIPATING AND NONPARTICIPATING BUSINESS. (1) With respect to workmen’s compensation insurance delivered or issued for delivery in this state, the insurer shall not pay dividends to the holders of participating insurance contracts out of profits or gains realized from nonparticipating contracts.
(2) An insurer issuing both participating and nonparticipating workmen’s compensation policies shall maintain a system of accounting which segregates the participating from the nonparticipating business and clearly shows the profits and losses upon each category of business.
History:
[I.C., sec. 41-2513, as added by 1969, ch. 214, sec. 66, p. 625.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 25 - CASUALTY INSURANCE CONTRACTS › Section 41-2514 - MEDICAL PAYMENTS LIMITATION PROHIBITED.

41-2514. MEDICAL PAYMENTS LIMITATION PROHIBITED. Recovery of costs incurred for injuries sustained under an automobile medical payments insurance contract shall not be limited to less than three (3) years from the date of the injury. This section shall not pertain to any injury that is not discovered and treated within one year from the date of the occurrence that caused the injury.
History:
[41-2514, added 1976, ch. 102, sec. 1, p. 425.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 25 - CASUALTY INSURANCE CONTRACTS › Section 41-2515 - DISCOUNT FOR CERTAIN AGE GROUPS.

41-2515. DISCOUNT FOR CERTAIN AGE GROUPS. (1) Any insurer offering for sale an automobile insurance policy, as policy is defined in subsection (a) of section 41-2506, Idaho Code, in which there is insured a principal operator who is fifty-five (55) years of age or older, shall provide for an appropriate reduction in premium charges for liability, medical payments and collision coverages if the principal operator fifty-five (55) years of age or older has successfully completed a motor vehicle accident prevention course which meets criteria established by the transportation department. Any discount used by an insurer shall be presumed appropriate unless credible evidence data demonstrates otherwise.
(2) Upon successful completion of an approved motor vehicle accident prevention course, each participant shall be issued, by the course’s sponsoring entity, a certificate of completion which shall be the basis of the qualification for the discount on the automobile insurance.
(3) The premium reduction required in this section shall be effective for an insured for a three (3) year period after successful completion of the approved course, except that the insurer may require, as a condition of providing and maintaining the discount, that the insured for a three (3) year period after course completion, not be involved in an accident for which the insured is at fault or be found guilty of a moving traffic violation.
(4) The provisions of this section shall not apply in the event the approved course is specified by a court or other governmental entity resulting from a moving traffic violation.
(5) Each participant shall take an approved course every three (3) years to continue to be eligible for the reduction in premiums.
(6) Nothing in the provisions of this section shall be deemed to prohibit an insurer from canceling or not renewing an automobile insurance policy for grounds enumerated in section 41-2507, Idaho Code, or in chapter 25, title 41, Idaho Code.
(7) The provisions of this section shall not apply in the event that such an insurer offers a premium reduction which is substantially comparable to the premium reduction required in this section and in no event shall such insurer be required to provide both comparable premium reductions on a cumulative basis.
History:
[41-2515, added 1989, ch. 152, sec. 1, p. 362; am. 2002, ch. 368, sec. 1, p. 1037; am. 2006, ch. 30, sec. 1, p. 93.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 25 - CASUALTY INSURANCE CONTRACTS › Section 41-2516 - OPTIONAL SUSPENSION OF AUTOMOBILE INSURANCE COVERAGE.

41-2516. OPTIONAL SUSPENSION OF AUTOMOBILE INSURANCE COVERAGE. (1) If a person enters into a contract with an insurer for coverage under an automobile insurance policy as defined in section 41-2506, Idaho Code, the insurer may allow the person to suspend policy coverages. The suspension period may begin at any time, at the person’s option. All requests for suspension of coverage shall be confirmed in writing by the insurer to the insured regardless of the method used by the insured to request suspension of coverage. The suspension of coverage shall not constitute a cancellation of the policy. For those coverages suspended, during the period of suspension, premiums shall not be charged to the person, and the insurer shall not be liable for any loss under such suspended coverages occurring during said suspension period. The period of suspension may be changed at any time upon written agreement by the parties. This shall not preclude the insurer’s right to reinspect the previously insured motor vehicle regarding its insurability.
(2) Suspended premium may accrue on a pro rata basis as a credit for future premium.
(3) If a person drives a motor vehicle within the state of Idaho while the liability coverage of the policy is suspended, he shall be subject to the penalties set out for the violation of the provisions of section 49-1428, Idaho Code.
(4) The provisions of this section shall apply to a policy entered into or renewed after July 1, 1990.
History:
[41-2516, added 1990, ch. 57, sec. 1, p. 133; am. 1991, ch. 273, sec. 1, p. 710.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 25 - CASUALTY INSURANCE CONTRACTS › Section 41-2517 - SHORT TITLE.

41-2517. SHORT TITLE. Sections 41-2517 through 41-2521, Idaho Code, shall be known and may be cited as the "Idaho Transportation Network Insurance Act."
History:
[41-2517, added 2015, ch. 316, sec. 1, p. 1232.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 25 - CASUALTY INSURANCE CONTRACTS › Section 41-2518 - DEFINITIONS.

41-2518. DEFINITIONS. As used in this act:
(1) "Digital network" means any online enabled application, software, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.
(2) "Driver" or "transportation network company driver" means an individual who:
(a) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and
(b) Uses a personal vehicle to provide services for riders matched through a digital network controlled by a transportation network company in return for compensation or payment of a fee.
(3) "Personal vehicle" means a vehicle that is used by a transportation network company driver in connection with providing a prearranged ride and is:
(a) Owned, leased or otherwise authorized for use by the transportation network company driver; and
(b) Not a taxicab, limousine or for-hire vehicle.
(4) "Prearranged ride" means the provision of transportation by a driver to a rider, beginning when a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider and ending when the last requesting rider departs from the personal vehicle. A prearranged ride does not include transportation provided using a taxi, limousine or other for-hire vehicle.
(5) "Rider" or "transportation network company rider" means an individual or persons who use a transportation network company’s digital network to connect with a transportation network driver who provides prearranged rides to the rider in the driver’s personal vehicle between points chosen by the rider.
(6) "Transportation network company" means a corporation, partnership, sole proprietorship or other entity that is operating in Idaho that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A transportation network company shall not be deemed to control, direct or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.
History:
[41-2518, added 2015, ch. 316, sec. 1, p. 1232.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 25 - CASUALTY INSURANCE CONTRACTS › Section 41-2520 - DISCLOSURES.

41-2520. DISCLOSURES. The transportation network company shall disclose in writing to transportation network company drivers the following before they are allowed to accept a request for a prearranged ride on the transportation network company’s digital network:
(1) The insurance coverage, including the types of coverage and the limits for each coverage, that the transportation network company provides while the transportation network company driver uses a personal vehicle in connection with a transportation network company’s digital network; and
(2) That the transportation network company driver’s own automobile insurance policy might not provide any coverage while the driver is logged on to the transportation network company’s digital network and is available to receive transportation requests or is engaged in a prearranged ride depending on its terms.
History:
[41-2520, added 2015, ch. 316, sec. 1, p. 1234.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 25 - CASUALTY INSURANCE CONTRACTS › Section 41-2521 - AUTOMOBILE INSURANCE.

41-2521. AUTOMOBILE INSURANCE. (1) Insurers that write automobile insurance in this state may exclude or continue to exclude any and all coverage afforded under the owner’s insurance policy for any loss or injury that occurs while a driver is logged on to a transportation network company’s digital network or while a driver provides a prearranged ride. This right to exclude all coverage may apply to any coverage included in an automobile insurance policy including, but not limited to:
(a) Liability coverage for bodily injury and property damage;
(b) Personal injury protection coverage;
(c) Uninsured and underinsured motorist coverage;
(d) Medical payments coverage;
(e) Comprehensive physical damage coverage; and
(f) Collision physical damage coverage.
Such exclusions shall apply notwithstanding any requirement under chapter 12, title 49, Idaho Code. Nothing in this section implies or requires that a personal automobile insurance policy provide coverage while the driver is logged on to the transportation network company’s digital network, while the driver is engaged in a prearranged ride or while the driver otherwise uses a vehicle to transport passengers for compensation. Nothing shall be deemed to preclude an insurer from providing coverage for the transportation network company driver’s vehicle, if it so chose to do so by contract or endorsement.
(2) Automobile insurers that exclude the coverage described in section 41-2519, Idaho Code, shall have no duty to defend or indemnify any claim expressly excluded thereunder. Nothing in this act shall be deemed to invalidate or limit an exclusion contained in a policy, including any policy sold or approved for sale in Idaho prior to the enactment of this act. An automobile insurer that defends or indemnifies a claim against a driver that is excluded under the terms of its policy shall have a right of contribution against other insurers that provide automobile insurance to the same driver in satisfaction of the coverage requirements of section 41-2519, Idaho Code, at the time of loss.
(3) In a claims coverage investigation, transportation network companies and any insurer potentially providing coverage under section 41-2519, Idaho Code, shall cooperate to facilitate the exchange of relevant information with directly involved parties and any insurer of the transportation network company driver, if applicable, including the precise times that a transportation network company driver logged on and off of the transportation network company’s digital network in the twelve (12) hour period immediately preceding and in the twelve (12) hour period immediately following the accident and disclose to one another a clear description of the coverage, exclusions and limits provided under any automobile insurance maintained under section 41-2519, Idaho Code.
History:
[41-2521, added 2015, ch. 316, sec. 1, p. 1234.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 26 - SURETY INSURANCE CONTRACTS › Section 41-2603 - JUSTIFICATION OF SURETY — DIRECTOR’S CERTIFICATE AS EVIDENCE.

41-2603. JUSTIFICATION OF SURETY — DIRECTOR’S CERTIFICATE AS EVIDENCE. (1) The director is authorized to issue to any person applying therefor, a certificate showing that any surety insurer that has complied with the laws of the state of Idaho is qualified to do a surety business in this state, and stating the general terms of the risks authorized to be so written.
(2) Any such certificate or any certified copy of any uncanceled certificate, shall be received in evidence as a sufficient justification of such surety and its authority to do business in this state: provided, however, that the certificate of the county recorder to any such certified copy, or any certificate furnished directly by the director to an applicant therefor, must bear a date the same as, or later than the date of the bond, undertaking or obligation upon which justification is being made.
History:
[41-2603, added 1961, ch. 330, sec. 556, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 26 - SURETY INSURANCE CONTRACTS › Section 41-2604 - MAY BE SOLE SURETY ON BONDS.

41-2604. MAY BE SOLE SURETY ON BONDS. Whenever any bond, undertaking, recognizance or other obligation is by law, or by the charter, ordinances, rules or regulations of any municipality, board, body, organization, court, judge or public officer, required or permitted to be made, given, tendered or filed with surety or sureties, and whenever the performance of any act, duty or obligation, or the refraining from any act is required or permitted to be guaranteed, such bond, undertaking, obligation, recognizance or guaranty may be executed by a surety insurer qualified as in this code provided. Execution by such insurer of such bond, undertaking, obligation, recognizance or guaranty shall be in all respects a full and complete compliance with every requirement of every law, charter, ordinance, rule or regulation that such bond, undertaking, obligation, recognizance or guaranty shall be executed by one surety or by one or more sureties, or that such sureties shall be residents or householders, or freeholders, or either or both, or possess any other qualifications. All courts, judges, heads of departments, boards, bodies, municipalities and public officers of every character shall accept and treat such bond, undertaking, obligation, recognizance or guaranty, when so executed by such insurer, as conforming to, and fully and completely complying with every such requirement of every such law, charter, ordinance, rule or regulation.
History:
[41-2604, added 1961, ch. 330, sec. 557, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 26 - SURETY INSURANCE CONTRACTS › Section 41-2605 - CERTIFICATE AS EVIDENCE OF AUTHORITY TO BE SOLE SURETY.

41-2605. CERTIFICATE AS EVIDENCE OF AUTHORITY TO BE SOLE SURETY. The certificate of authority of a surety insurer, issued as provided under this code, shall be evidence of the authority of the insurer to become and to be accepted as sole surety on all private bonds and contracts, and on all bonds, undertakings, recognizances and obligations required or permitted by law or the charter, ordinances, rules or regulations of any municipality, board, body, organization or public officer and of the solvency and credit of such insurer for all authorized purposes and its sufficiency as such surety.
History:
[41-2605, added 1961, ch. 330, sec. 558, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 26 - SURETY INSURANCE CONTRACTS › Section 41-2606 - PREMIUMS ON BONDS — ALLOWANCE AS EXPENSE COSTS — LIMIT AS TO AMOUNT.

41-2606. PREMIUMS ON BONDS — ALLOWANCE AS EXPENSE COSTS — LIMIT AS TO AMOUNT. (1) Any assignee, receiver, trustee, committee, guardian, curator, executor, administrator or other fiduciary required as such by law or the order of any court or judge to give bond or undertaking, may include as a part of the lawful expense of executing his trust such sum, paid to a surety insurer or to surety insurers authorized under the laws of this state to do so for becoming his surety on such bond or undertaking, as may be allowed by the court in which, or a judge before whom, he is required to account; and such court or judge shall allow in the settlement of the account of any such fiduciary the premium or premiums so paid to any such insurer or insurers, but not to exceed the premium for such bond or undertaking filed by such insurer or insurers with the director.
(2) In all other cases where, by the provisions of law, a corporate surety or guarantor is given or required as to an official bond except as to notaries public, the premium to be paid to any such insurer or insurers for becoming such surety or guarantor shall be paid out of the general funds of the divisions of government by or for which the person or persons covered by such bond or undertaking was appointed or elected, but the premiums shall in no case exceed the premiums filed by such insurer or insurers with the director for the individual, schedule or blanket bonds given or required.
History:
[41-2606, added 1961, ch. 330, sec. 559, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 26 - SURETY INSURANCE CONTRACTS › Section 41-2607 - BOND PREMIUMS AS PART OF COSTS IN ACTIONS AND PROCEEDINGS.

41-2607. BOND PREMIUMS AS PART OF COSTS IN ACTIONS AND PROCEEDINGS. In all actions and proceedings a party entitled to recover disbursements therein shall be allowed and may tax and recover such sum paid a surety insurer authorized under the laws of this state to do so for executing any bond, recognizance, undertaking, stipulation or other obligation therein, not exceeding, however, one percent (1%) on the amount of the liability upon such bond, recognizance, undertaking, stipulation, or other obligation during each year the same has been in force.
History:
[41-2607, added 1961, ch. 330, sec. 560, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 26 - SURETY INSURANCE CONTRACTS › Section 41-2608 - DEPOSIT FOR PROTECTION OF SURETY.

41-2608. DEPOSIT FOR PROTECTION OF SURETY. It shall be lawful for any party of whom a bond, undertaking or other obligation is required to agree with his surety or sureties for the deposit of any or all moneys and assets for which such surety or sureties are or may be held responsible with a bank, savings bank, safe deposit or trust company authorized by law to do business as such, or other depository approved by the court or a judge thereof, if such deposit is otherwise proper, for the safe keeping thereof and in such manner as to prevent the withdrawal of such moneys and assets or any part thereof without the written consent of such surety or sureties or an order of the court or a judge thereof, made on such notice to such surety or sureties as such court or judge may direct.
History:
[41-2608, added 1961, ch. 330, sec. 561, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 26 - SURETY INSURANCE CONTRACTS › Section 41-2609 - RELEASE OF SURETY ON CERTAIN OFFICIAL BONDS.

41-2609. RELEASE OF SURETY ON CERTAIN OFFICIAL BONDS. (1) The surety or the representative of any surety, upon the bond of any trustee, committee, guardian, assignee, receiver, executor or administrator, or other fiduciary, may apply by petition to the court wherein such bond is directed to be filed, or which may have jurisdiction of such trustee, committee, guardian, assignee, receiver, executor or administrator, praying to be relieved from further liability as such surety, for the acts or omissions of the trustee, committee, guardian, assignee, receiver, executor or administrator or other fiduciary, which may occur after the date of the order relieving such surety to be granted as herein provided for, and to require such trustee, committee, guardian, assignee, receiver, executor or administrator, or other fiduciary, to show cause why he should not account and said surety be relieved from such further liability as aforesaid, and said principal be required to give a new bond.
(2) Upon the filing of such petition, the court shall issue such order returnable at such time and place and to be served in such manner as the court shall direct, and may restrain such trustee, committee, guardian, assignee, receiver, executor or administrator or other fiduciary from acting except in such manner as it may direct to preserve the trust estate.
(3) Upon the return of the order to show cause, if the principal in the bond accounts in due form of law and files a new bond duly approved, then the court must make an order releasing the surety filing the petition as aforesaid, from liability upon the bond for any subsequent act or default of the principal. In default of the principal thus accounting and filing the new bond, the court shall make an order directing such trustee, committee, guardian, assignee, receiver, executor or administrator, or fiduciary to account in due form of law within thirty (30) days, and that if the trust fund or estate shall be found or made good and paid over or properly secured, such surety shall be discharged from any and all further liability as such for the subsequent acts or omissions of the trustee, committee, guardian, assignee, receiver, executor, or administrator, or fiduciary, after the date of the surety being so relieved or discharged and discharging such trustee, committee, guardian, assignee, receiver, executor or administrator, or fiduciary.
History:
[41-2609, added 1961, ch. 330, sec. 562, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 26 - SURETY INSURANCE CONTRACTS › Section 41-2610 - ESTOPPEL TO DENY CORPORATE POWER.

41-2610. ESTOPPEL TO DENY CORPORATE POWER. Any insurer giving any bond or recognizance referred to in sections 41-2604 through 41-2608 shall be estopped, in any proceeding to enforce the liability which it has assumed to incur, to deny its corporate power to execute such instrument or assume such liability.
History:
[41-2610, added 1961, ch. 330, sec. 563, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 26 - SURETY INSURANCE CONTRACTS › Section 41-2611 - DEDUCTION OF BOND PREMIUM FROM WAGES OF EMPLOYEES.

41-2611. DEDUCTION OF BOND PREMIUM FROM WAGES OF EMPLOYEES. No firm, individual, railroad or other corporation doing business within this state shall collect or retain from the wages of the persons in their employ the cost of any guaranty or security furnished the said firm, individual or railroad or other corporation, covering the said employees, unless such employees shall have agreed to pay the premium on such guaranty or security.
History:
[41-2611, added 1961, ch. 330, sec. 564, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 26 - SURETY INSURANCE CONTRACTS › Section 41-2612 - RELEASE OF SURETY ON BOND OF LICENSEE OR PERMITTEE.

41-2612. RELEASE OF SURETY ON BOND OF LICENSEE OR PERMITTEE. (1) The surety or the representative of any surety upon any bond given on behalf or for the use and benefit of any person, firm, copartnership, association or corporation as a licensee or permittee under any law of the state of Idaho, or any municipality thereof, desiring to be released from subsequent liability and responsibility on such bond, shall serve a written notice upon the principal of such bond that on and after twenty (20) days from the date of service of such notice, the surety will withdraw as surety on such bond, and a copy of such notice shall forthwith be served upon the official with whom such bond is filed.
(2) Such notice shall be served personally upon the principal if found within the state of Idaho, and if not, by registered mail directed to the principal at his last known address. If the principal cannot be served either personally or by registered mail, service shall be made by publication of the notice in a newspaper of general circulation in the county of the residence or principal place of business of the principal, once a week for a period of two consecutive weeks. Service upon the principal shall be complete one week from the date of the last publication. The affidavit of the persons so serving such notice, with the registered return receipt card attached thereto, if such service has been made by mail, or the affidavit of the publisher of the newspaper, shall be sufficient proof of service of such notice.
(3) Proof of such service shall be filed with the official having custody of the bond and the liability of the surety shall cease after a period of twenty (20) days from the date of the service of such notice on the principal. If the principal fails within such twenty (20) day period to file with the proper official a new bond the permit or license shall be canceled and terminated.
History:
[41-2612, added 1961, ch. 330, sec. 565, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 26A - MORTGAGE GUARANTY INSURANCE › Section 41-2650 - SHORT TITLE.

41-2650. SHORT TITLE. This chapter may be cited as the mortgage guaranty insurance act.
History:
[I.C., sec. 41-2650, as added by 1972, ch. 79, sec. 1, p. 159.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 26A - MORTGAGE GUARANTY INSURANCE › Section 41-2652 - AUTHORITY TO TRANSACT BUSINESS.

41-2652. AUTHORITY TO TRANSACT BUSINESS. Mortgage guaranty insurance may be transacted only by a stock insurer while possessing and maintaining paid-in capital stock of not less than one million five hundred thousand dollars ($1,500,000) and surplus of not less than one million five hundred thousand dollars ($1,500,000) and duly authorized to transact insurance in this state. The insurer shall not transact in any jurisdiction any kind of insurance other than mortgage guaranty insurance.
History:
[I.C., sec. 41-2652, as added by 1972, ch. 79, sec. 1, p. 159; am. 1994, ch. 240, sec. 6, p. 755.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 26A - MORTGAGE GUARANTY INSURANCE › Section 41-2653 - LIMITS OF RISK.

41-2653. LIMITS OF RISK. (1) The insurer shall not retain risk as to any one (1) loan, or as to all loans secured by properties in a single housing tract or a contiguous tract, in an amount in excess of ten percent (10%) of the insurer’s policyholders’ surplus. In determining the amount of risk retained, applicable reinsurance in an assuming insurer authorized to transact insurance in this state or approved by the director shall be deducted from the total direct risk insured. For the purposes of this section "contiguous" means not separated by more than one-half (1/2) of a mile.
(2) The insurer shall not at any time have outstanding aggregate risk liability, net of applicable reinsurance, under mortgage guaranty insurance in amount in excess of twenty-five (25) times its policyholders’ surplus.
(3) The director may waive the requirement of subsection (2) of this section upon a written request of the insurer and finding that the insurer is in compliance with any requirements or conditions imposed by the insurer’s state of domicile and the insurer’s policyholder surplus is reasonable in relationship to the insurer’s aggregate insured risk and adequate to its financial needs. In reviewing a written request for approval to exceed the twenty-five (25) times its policyholders’ surplus limitation, the director may retain outside experts to assist in the review. The insurer shall bear the cost of outside experts retained for the review.
(4) If at any time the insurer’s outstanding risk liability as to mortgage guaranty insurance exceeds the limitations stated in subsection (2) of this section and the insurer has not received a written waiver from the director, the insurer shall accept no new mortgage guaranty insurance risks while such excess exists.
(5) The director may suspend or revoke the certificate of authority of an insurer which violates the provisions of this section.
History:
[41-2653, added 1972, ch. 79, sec. 1, p. 159; am. 2010, ch. 131, sec. 1, p. 280; am. 2015, ch. 127, sec. 1, p. 321.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 26A - MORTGAGE GUARANTY INSURANCE › Section 41-2654 - RESERVES.

41-2654. RESERVES. The insurer shall, as to mortgage guaranty insurance written by it, maintain unearned premium, contingency, and loss reserves as required by chapter 6, title 41, Idaho Code, except the unearned premium reserve for those policies covering a risk period of more than five (5) years shall be computed in accordance with formulae filed by the insurer and approved by the director.
History:
[I.C., sec. 41-2654, as added by 1972, ch. 79, sec. 1, p. 159.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 26A - MORTGAGE GUARANTY INSURANCE › Section 41-2655 - SCHEDULE OF PREMIUM CHARGES.

41-2655. SCHEDULE OF PREMIUM CHARGES. The insurer shall adopt, print and make available to persons desiring the same, a schedule of premium charges for mortgage guaranty insurance policies. The schedule shall show the entire amount of premium charge for each type of mortgage guaranty insurance policy issued by the insurer. The insurer shall not quote any premium charge to any person which is less than that currently available to others in this state for the same type of mortgage guaranty insurance policy. The amount by which any premium charge is less than that called for in the current schedule of premium charges is an unlawful rebate.
History:
[I.C., sec. 41-2655, as added by 1972, ch. 79, sec. 1, p. 159.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 26A - MORTGAGE GUARANTY INSURANCE › Section 41-2656 - ADVERTISING.

41-2656. ADVERTISING. No lending institution or lender, any of whose authorized real property securities are insured by mortgage guaranty insurance pursuant to this chapter, shall state in any form of advertising that the real property loans of the institution or lender are "insured loans" unless the advertising also clearly states that the loans are insured by private insurers named in the advertising; and no such advertising shall be published for dissemination in this state unless the insurer so advertised is authorized to transact such insurance by this state.
History:
[I.C., sec. 41-2656, as added by 1972, ch. 79, sec. 1, p. 159.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 27 - TITLE INSURANCE › Section 41-2702 - COUNTERSIGNATURE OF POLICIES.

41-2702. COUNTERSIGNATURE OF POLICIES. A title insurer shall not issue a policy of title insurance or guaranteed certificate of title or other guaranty of title covering any property located within Idaho unless countersigned by a person, partnership, corporation or agency owning and maintaining a complete set of tract indexes or abstract records of the county in which such property is located; excepting, that any title insurer may issue such policies, guaranties or certificates directly and without such countersignature covering property in any county where it owns and maintains such indexes and records, or where no such indexes and records are owned and maintained.
History:
[41-2702, added 1961, ch. 330, sec. 567, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 27 - TITLE INSURANCE › Section 41-2703 - OTHER PROVISIONS ESPECIALLY APPLICABLE.

41-2703. OTHER PROVISIONS ESPECIALLY APPLICABLE. The following other provisions of this code are, among other provisions, especially applicable as to title insurers:
(1) Insuring powers, sections 41-312(3) and 41-508.
(2) Capital funds required, section 41-313.
(3) Deposit of title insurer, sections 41-316 and 41-316A.
(4) Premium tax, section 41-402.
(5) Definition of "title insurance", section 41-508.
(6) Reserve for losses, unearned premiums, section 41-611.
(7) Special investments by title insurer, section 41-726.
(8) Levy upon deposit of the insurer, section 41-810.
History:
[41-2703, added 1961, ch. 330, sec. 568, p. 645; am. 1994, ch. 240, sec. 11, p. 758.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 27 - TITLE INSURANCE › Section 41-2704 - APPLICATION OF ACT — BUSINESS OF TITLE INSURANCE.

41-2704. APPLICATION OF ACT — BUSINESS OF TITLE INSURANCE. The provisions of chapter 27, title 41, Idaho Code, shall apply to all title insurance companies, title insurance rating organizations, title insurance agents, applicants for title insurance, policyholders and to all persons and business entities engaged in the business of title insurance. The business of title insurance shall include:
(1) The making, or proposing to make, as an insurer, guarantor or surety, or proposing any contract or policy of title insurance, which shall include all certificates, policies, binders, preliminary reports or other underwriting contracts and indorsements;
(2) Transacting or proposing to transact any phase of title insurance including solicitations, negotiations preliminary to and execution of a contract of title insurance, and matters subsequent to the issuance of such contract;
(3) The performance of any act included herein by a title insurer or a title insurance agent including, but not limited to, handling of escrows, settlements or closing incident to any contract or policy of title insurance;
(4) The issuance of closing or settlement protection by a title insurer pursuant to section 41-2714, Idaho Code; or
(5) The doing, or proposing to do, any business in substance equivalent to any of the foregoing in the manner designated to evade the provisions of this chapter.
History:
[41-2704, added 1973, ch. 135, sec. 1, p. 252; am. 2015, ch. 275, sec. 1, p. 1132.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 27 - TITLE INSURANCE › Section 41-2709 - PERSONAL OR CONTROLLED INSURANCE.

41-2709. PERSONAL OR CONTROLLED INSURANCE. (1) Personal or controlled insurance means a policy of title insurance where the insured or one (1) of the insureds under such policy is, or the loss thereunder is payable to:
(a) the title insurer issuing such policy or to any person or entity directly or indirectly owning or controlling a majority of the voting stock or ownership in such title insurer, or any entity which is directly or indirectly controlled by a person or entity which also controls the title insurer described in this subsection (a); or
(b) a title insurance agent issuing such policy, or if the agent is a natural person, to his spouse, employer or employer’s spouse or such other person related to said persons mentioned within the first degree by blood or marriage, or if the employer is an entity, to any person directly or indirectly owning or controlling the majority of voting stock or ownership of such entity, or any partner or member of an association, and if the agent is an entity, to any person directly or indirectly owning or controlling the majority of the voting stock or ownership of such entity or any corporation which directly or indirectly controls such person who also controls the title insurance agent.
(2) If the rates and charges for personal or controlled insurance in any one (1) year received from any one (1) source by a title insurer or by a title insurance agency exceed twenty-five per cent (25%), or if from all sources of personal and controlled insurance exceed fifty per cent (50%), of the total rates and charges received by such title insurer or title insurance agent in the same year, the excess shall be deemed unlawful rebates. For the purpose of this provision, if the interest of the title insurer or title insurance agent is or was held by the same in a fiduciary capacity for the beneficial owner thereof reflected by a writing between the parties, the issuance of such title insurance policy by which title is conveyed to or by such title insurer or title insurance agent shall not be deemed controlled insurance.
(3) The provisions of sections 41-1310, 41-1311 and 41-1312, Idaho Code, with respect to controlled insurance business shall be deemed to include title insurance as well as the specific types of insurance named therein.
History:
[I.C., sec. 41-2709, as added by 1973, ch. 135, sec. 6, p. 252.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 27 - TITLE INSURANCE › Section 41-2713 - ADMINISTRATION — EXAMINATION COSTS.

41-2713. ADMINISTRATION — EXAMINATION COSTS. In the exercise of the powers of the director of the department of insurance to supervise and regulate title insurers, title insurance agents and title insurance rating organizations as provided in this chapter, as well as the powers of examination set forth in sections 41-219 and 41-220, Idaho Code, each title insurer, title insurance agent or rating organization regulated or examined shall, at the direction of the director, pay directly to such person charged with enforcing the law or regulations and making the examinations, actual travel expenses, a reasonable expense allowance, and compensation, at reasonable rates as approved by the director of the department of insurance, necessarily incurred in such matters on the presentation of a detailed account of such charges and expenses. A title insurer shall be charged for the original examination of a title insurance agent which the insurer desires to represent it, and a title insurer or rating organization shall be charged directly for hearings upon any hearing originated by filings made by it. The regulation and examination direct charges herein provided may include both field work and work in the office of the director necessary thereto.
Separately from the direct charges herein provided, the director may levy a general charge upon each title insurer in proportion to the gross premiums from title insurance written by it to defray the costs of regulation required by this chapter. Provided, nevertheless, a title insurer shall not be charged in any one (1) year, separately from the direct charges for examination under section 41-219, Idaho Code, said plant examination and said hearings, in excess of one per cent (1%) of the gross premiums as defined in section 41-402, Idaho Code, for title insurance written on Idaho real property in said year, provided the director in the first year after the effective date hereof may charge not in excess of two per cent (2%) of the gross premiums and may levy said charge after July 1, 1973, in advance based on the prior year’s premiums. The director from year to year may carry forward any unexpended balance of general charges made in a rotating fund for said expenses to be incurred thereafter.
History:
[I.C., sec. 41-2713, as added by 1973, ch. 135, sec. 10, p. 252.]