reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1015 - TEMPORARY LICENSING.

41-1015. TEMPORARY LICENSING. (1) The director may issue a temporary insurance producer license for a period not to exceed one hundred eighty (180) days without requiring an examination if the director deems that the temporary license is necessary for the servicing of an insurance business in the following cases:
(a) To the surviving spouse or court-appointed personal representative of a licensed insurance producer who dies or becomes mentally or physically disabled in order to allow adequate time for the sale of the insurance business owned by the producer or for the recovery or return of the producer to the business or to provide for the training and licensing of new personnel to operate the producer’s business;
(b) To a member or employee of a business entity licensed as an insurance producer upon the death or disability of an individual designated in the business entity application or the license;
(c) To the designee of a licensed insurance producer entering active service in the armed forces of the United States of America; or
(d) Pursuant to section 41-1011, Idaho Code, or in any other circumstance where the director deems the public interest will best be served by the issuance of the temporary license.
(2) The director may by order limit the authority of any temporary licensee in any way deemed necessary to protect insureds and the public. The director may require the temporary licensee to have a suitable sponsor who is a licensed producer or insurer and who assumes responsibility for all actions of the temporary licensee, and may impose other similar requirements designed to protect insureds and the public. The director may by order revoke a temporary license, without the right to a prior hearing, if the interests of insureds or the public are endangered. A temporary license may not continue after the owner or the personal representative disposes of the business.
History:
[41-1015, added 2001, ch. 296, sec. 3, p. 1055.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1017 - COMMISSIONS.

41-1017. COMMISSIONS. (1) An insurance company or insurance producer shall not pay a commission, service fee or other valuable consideration to a person for selling, soliciting or negotiating insurance in this state if that person is not duly licensed as required under this chapter.
(2) A person shall not accept a commission, service fee or other valuable consideration for selling, soliciting or negotiating insurance in this state if that person is not duly licensed as required under this chapter.
(3) Renewals or other deferred commissions may be paid to a person for selling, soliciting or negotiating insurance in this state if that person was duly licensed as required under this chapter at the time of the sale, solicitation or negotiation.
(4) An insurer or insurance producer may pay or assign commissions, service fees or other valuable consideration to any person, regardless of whether that person is licensed as a producer, unless the payment or assignment would violate a specific section of title 41, Idaho Code, including, but not limited to, sections 41-1314 and 41-2708, Idaho Code, or department rule.
History:
[41-1017, added 2001, ch. 296, sec. 3, p. 1057.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1018 - APPOINTMENTS.

41-1018. APPOINTMENTS. (1) An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed.
(2) To appoint a producer as its agent, the appointing insurer shall file, in a format approved by the director, a notice of appointment within fifteen (15) days from the date the agency contract is executed or the first insurance application is submitted.
(3) Upon receipt of the notice of appointment, the director shall verify, within a reasonable time not to exceed thirty (30) days, that the insurance producer is eligible for appointment. If the insurance producer is determined to be ineligible for appointment, the director shall notify the insurer within five (5) days of his determination.
History:
[41-1018, added 2001, ch. 296, sec. 3, p. 1058.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1020 - RECIPROCITY.

41-1020. RECIPROCITY. (1) The director shall waive any requirements, except the requirements imposed by section 41-1009, Idaho Code, for a nonresident producer license applicant with a valid license from his or her home state if the applicant’s home state awards nonresident licenses to residents of this state on the same basis.
(2) A nonresident producer’s satisfaction of his or her home state’s continuing education requirements for licensed insurance producers shall constitute satisfaction of this state’s continuing education requirements if the nonresident producer’s home state recognizes the satisfaction of its continuing education requirements imposed upon producers from this state on the same basis.
History:
[41-1020, added 2001, ch. 296, sec. 3, p. 1060.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1021 - REPORTING OF ACTIONS.

41-1021. REPORTING OF ACTIONS. (1) A producer shall report to the director any administrative action taken against the producer in another jurisdiction or by another governmental agency within thirty (30) days of the final disposition of the matter. This report shall include a copy of the order, consent order or other relevant legal documents.
(2) Within thirty (30) days of the initial pretrial hearing date, a producer shall report to the director any criminal prosecution of the producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing and any other relevant legal documents.
History:
[41-1021, added 2001, ch. 296, sec. 3, p. 1060.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1022 - INSURERS MUST ACCEPT BUSINESS THROUGH LICENSED PRODUCERS ONLY.

41-1022. INSURERS MUST ACCEPT BUSINESS THROUGH LICENSED PRODUCERS ONLY. (1) No authorized insurer shall make, write, place or cause to be made, written or placed in this state any policy, duplicate policy, or insurance contract of any kind, covering a subject of insurance resident, located or to be performed in this state through any person who is not then licensed as a producer under this chapter.
(2) The director may penalize, suspend or revoke the certificate of authority of any insurer violating this section in accordance with section 41-327(1), Idaho Code.
History:
[41-1022, added 2001, ch. 296, sec. 3, p. 1061.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1023 - COUNTERSIGNATURE OF POLICIES — POWER OF ATTORNEY.

41-1023. COUNTERSIGNATURE OF POLICIES — POWER OF ATTORNEY. (1) When the signature or countersignature of a property or casualty producer is required on an insurance contract, or rider or endorsement thereto, the producer shall, except as provided in section 41-337(1), Idaho Code, and subsection (2) of this section, affix his original written signature thereon.
(2) The property or casualty producer may grant a power of attorney in writing to an individual who is twenty-one (21) years of age or older, authorizing such person to countersign or cause a facsimile of the agent’s signature to be placed on policies and endorsements in his name and on his behalf. The power of attorney shall be acknowledged by the agent under oath before a notary public and shall be kept on file in the agent’s office.
History:
[41-1023, added 2001, ch. 296, sec. 3, p. 1061.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1024 - REPORTING AND ACCOUNTING FOR PREMIUMS.

41-1024. REPORTING AND ACCOUNTING FOR PREMIUMS. (1) All fiduciary funds received or collected by a producer shall be trust funds received by the producer in a fiduciary capacity, and the producer shall, in the applicable regular course of business, account for and pay the same to the person entitled to the funds. The producer shall establish a separate account for funds belonging to others in order to avoid a commingling of such fiduciary funds with his own funds. The producer may deposit and commingle in such separate account all fiduciary funds so long as the amount of such deposit so held for all other persons is reasonably ascertainable from the records and accounts of the producer. A producer who duly collects and deposits funds into a sweep account maintained by or for the benefit of an applicable insurer shall not be deemed to be in violation of the fiduciary fund account requirement. The director may promulgate rules relating to accounting for and handling of fiduciary funds and the fiduciary fund account.
(2) Fiduciary funds shall include all funds collected by an insurance producer from or on behalf of a client or premium finance company that are to be paid to an insurance company, its agents, or the producer’s employer, and all funds collected by an insurance producer from an insurance company or its agents that are to be paid to a policyholder or claimant under any contract of insurance.
(3) Any producer who, not being lawfully entitled thereto, diverts or appropriates to his own use such trust or fiduciary funds or any portion thereof, whether or not such funds have been separately deposited, shall upon conviction be guilty of a felony.
History:
[41-1024, added 2001, ch. 296, sec. 3, p. 1061; am. 2005, ch. 62, sec. 1, p. 220.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1025 - RULES.

41-1025. RULES. The director may, in accordance with section 41-211, Idaho Code, promulgate reasonable rules as are necessary or proper to carry out the purposes of this chapter.
History:
[41-1025, added 2001, ch. 296, sec. 3, p. 1061.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1026 - PROCEDURE FOLLOWING SUSPENSION, REVOCATION, DENIAL — REINSTATEMENT.

41-1026. PROCEDURE FOLLOWING SUSPENSION, REVOCATION, DENIAL — REINSTATEMENT. (1) Upon suspension, revocation, or refusal to continue any license, the director shall notify the licensee as provided in section 41-212(3), Idaho Code, and, in the case of a producer who holds appointments from insurers, shall give like notice to the insurers represented.
(2) Suspension, revocation, or refusal of any one (1) license held by the licensee under title 41, Idaho Code, shall automatically suspend, revoke or refuse continuation of all other licenses held by the licensee under title 41, Idaho Code.
(3) The director shall not issue a license under title 41, Idaho Code, to or as to any person whose license has been revoked or continuance refused until after the expiration of not less than one (1) year, to a maximum of five (5) years, from the date of such revocation or refusal, which time period shall be set forth in the final order, or, if judicial review of such revocation or refusal is sought, not less than one (1) year, to a maximum of five (5) years, from the date of a final court order or decree affirming the revocation or refusal. If no time period is specified in the final order or final court order or decree, the time period shall be one (1) year. In the event the former licensee again files an application for a license under title 41, Idaho Code, the director may require the applicant to show good cause why the prior revocation or refusal to continue his license shall not be deemed a bar to the issuance of a new license.
(4) The director shall not issue a license under title 41, Idaho Code, to any person whose application for a license was previously denied until after the expiration of one (1) year from the date of such license denial or, if judicial review of such license denial is sought, one (1) year from the date of a final court order or decree affirming the license denial.
History:
[41-1026, added 2001, ch. 296, sec. 3, p. 1061; am. 2016, ch. 50, sec. 2, p. 146.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1028 - INACTIVE STATUS.

41-1028. INACTIVE STATUS. (1) Any individual producer who does not want to actively continue in the business of insurance may apply for inactive status of his license on forms prescribed by the director. The director, in his discretion, may grant or deny the application for inactive status and shall notify the licensee of this decision in writing. Inactive status of a license, once granted, shall apply to all licenses held by the licensee and shall continue in force until reactivated pursuant to this section or until the license is suspended or revoked pursuant to this chapter.
(2) During the period that a licensee remains on inactive status, the licensee may not transact the business of insurance in this state or engage in any other insurance activity which requires an active license. A licensee on inactive status may, subject to the terms of an insurer’s contract with the licensee, continue to receive commissions or other compensation relative to business written by such licensee during active license status.
(3) Any individual producer whose license is placed on inactive status shall be exempt from compliance with continuing education requirements.
(4) An individual producer whose license is placed on inactive status shall be subject to payment of the applicable continuation fees.
(5) An individual producer whose license is on inactive status may apply for reactivation of a license on forms prescribed by the director. The request for reactivation shall include proof of completion of twenty (20) hours of continuing education earned during the twelve (12) months prior to reactivation or proof that the producer has retested and met the examination requirements as to any line or kind of insurance to be transacted under the reactivated license. The director, in his discretion, may grant or deny the application for reactivation.
History:
[41-1028, added 2001, ch. 296, sec. 3, p. 1062.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1029 - SEVERABILITY.

41-1029. SEVERABILITY. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History:
[41-1029, added 2001, ch. 296, sec. 3, p. 1062.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1030 - PRODUCER COMPENSATION.

41-1030. PRODUCER COMPENSATION. (1) For purposes of this section:
(a) "Consumer" means an insured, a prospective insured or an employer group.
(b) "Retail producer" means a producer who solicits, negotiates with or sells an insurance contract directly to a consumer.
(c) "Wholesale producer" means a producer who solicits, negotiates or sells an insurance contract directly with a retail producer, but not with a consumer.
(2) Notwithstanding any other provision of title 41, Idaho Code, and as provided in this subsection, retail producers and wholesale producers may charge a fee or be compensated by a combination of fees and commissions.
(a) Before charging a fee to a consumer, a retail producer shall provide to the consumer a written statement that describes the services the retail producer will perform and the fees the retail producer will receive. Acceptance by the consumer of a fee arrangement shall be evidenced by the consumer signing and dating the fee statement.
(b) Before charging a fee to a retail producer, a wholesale producer shall provide to the retail producer a written statement that describes the services the wholesale producer will perform and the fees the wholesale producer will receive. Information regarding the amount of the fees charged by the wholesale producer shall be disclosed in writing on the face of the policy as a separately itemized charge.
History:
[41-1030, added 2002, ch. 359, sec. 1, p. 1017.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1036 - RECORDS.

41-1036. RECORDS. (1) A producer holding a license under this chapter shall make available through his principal place of business complete records of transactions placed through or countersigned by the producer.
(2) Records as provided in subsection (1) of this section shall include, but not be limited to:
(a) The names and addresses of insurer and insured;
(b) The number and expiration date of the policy or contract;
(c) The premium payable as to the policy or contract;
(d) The date, time, insurer, insured and coverage of every binder made by the producer;
(e) All disclosures made by a producer to an insured or to a prospective insured; and
(f) Such other information as the director may reasonably require.
(3) The records shall be kept available for inspection by the director for at least five (5) years after the creation or the completion, whichever is later, of the respective transactions. The records may be maintained off-site and in electronic form if the records can be made available for inspection through the producer’s principal place of business upon reasonable notice by the director.
History:
[41-1036, added 2001, ch. 162, sec. 1, p. 571; am. 2002, ch. 281, sec. 4, p. 824; am. 2007, ch. 278, sec. 1, p. 809.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1037 - REQUIREMENTS FOR BAIL AGENTS — FINDINGS — PURPOSE.

41-1037. REQUIREMENTS FOR BAIL AGENTS — FINDINGS — PURPOSE. (1) Sections 41-1037 through 41-1045, Idaho Code, provide requirements for the regulation of bail agents in this state in addition to the requirements generally applicable to producers under this chapter.
(2) The legislature finds that:
(a) Bail agents provide an important local retail service to the retail consumers of bail bonds;
(b) Retail consumers of bail bonds and bail agents require a uniform and consistent regulatory framework that governs retail bail practices; and
(c) There is a need to provide consumer protection from unscrupulous and unfair practices.
(3) The purpose of this chapter is to provide that the department shall uniformly and exclusively license bail agents throughout the state of Idaho and that the department shall regulate such agents and bail transactions, provided the supreme court shall retain its inherent authority to regulate the transaction of bail with the court, including promulgating rules and uniform guidelines.
History:
[41-1037, added 2003, ch. 104, sec. 1, p. 328; am. 2010, ch. 86, sec. 1, p. 165.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1038 - DEFINITIONS.

41-1038. DEFINITIONS. As used in sections 41-1037 through 41-1045, Idaho Code:
(1) "Bail" means a monetary amount required by the court to release the defendant from custody and to ensure his appearance in court as ordered.
(2) "Bail agent" means a person who is a licensed producer in the line of surety insurance that is authorized by an insurer to execute or countersign undertakings of bail in connection with judicial proceedings.
(3) "Bail bond" means a financial guarantee, posted by a bail agent and underwritten by a surety insurance company, that the defendant will appear as ordered.
(4) "Collateral" means property of any kind given as security to obtain a bail bond.
(5) "Department" means the department of insurance.
(6) "Director" means the director of the department of insurance.
(7) "Person" means an individual or a business entity.
(8) "Retail consumers of bail bonds" means a defendant and any person who provides collateral to obtain any portion of a bail bond.
(9) "Surety" or "surety insurance company" means an admitted insurer authorized in the line of surety pursuant to title 41, Idaho Code.
History:
[41-1038, added 2003, ch. 104, sec. 2, p. 329; am. 2010, ch. 86, sec. 2, p. 165.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1039 - LICENSE REQUIRED.

41-1039. LICENSE REQUIRED. (1) No person shall hold himself out to be a bail agent or sell, solicit, negotiate, advise or consult regarding the terms of bail bond contracts in this state unless that person is licensed as a producer in the line of surety insurance. The director is vested with the exclusive authority to license bail agents and the authority to regulate the solicitation, negotiation and transaction of bail with retail consumers of bail bonds, provided however, that a court retains the authority to refuse to accept bail bonds from a surety or a bail agent pursuant to its inherent authority, pursuant to Idaho Code, or as provided by supreme court rules, guidelines or appellate decisions.
(2) A bail agent is authorized to execute and countersign undertakings of bail, including bail bonds, in connection with any judicial proceedings in each of the judicial districts of the state. Any sheriff or clerk of the district court shall accept bail bonds only from a bail agent, unless otherwise ordered by the court pursuant to subsection (1) of this section.
(3) In addition to the authority to revoke, suspend or refuse to issue a bail agent’s license pursuant to section 41-1016, Idaho Code, the director shall suspend a license for a period not to exceed six (6) months, after mailing notice to the last known address of the bail agent but prior to a hearing, if such bail agent:
(a) Has been convicted or has entered a guilty plea to any felony or to a misdemeanor evidencing theft, dishonesty, intimidation, threats, or violence; or
(b) Intentionally and fraudulently makes a false statement to a court in connection with a bail transaction.
(4) In addition to the provisions of subsection (3) of this section, the director may also suspend a license for a period not to exceed six (6) months, after mailing notice to the last known address of the bail agent but prior to a hearing, for reasons set forth in the rules of the department.
History:
[41-1039, added 2003, ch. 104, sec. 3, p. 329; am. 2010, ch. 86, sec. 3, p. 166; am. 2013, ch. 36, sec. 1, p. 77; am. 2019, ch. 266, sec. 3, p. 780.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1039A - NOTICE.

41-1039A. NOTICE. In the event that the director revokes or suspends a bail agent’s license or a surety’s certificate of authority, or lifts such revocation or suspension, the director shall immediately notify all judicial district trial court administrators and all sureties with whom the agent is appointed of the effective date of such revocation or suspension or of the lifting of such revocation or suspension.
History:
[41-1039A, added 2010, ch. 86, sec. 4, p. 167.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1040 - BOND REQUIRED.

41-1040. BOND REQUIRED. After January 1, 2004, a producer shall not act as a bail agent unless the producer first files with the department and thereafter maintains in force a surety performance bond, executed by an authorized surety insurer, in favor of the director in the amount of fifteen thousand dollars ($15,000). Such bond shall be held in trust for the benefit and protection of the public against a judicial or administrative determination by the department of loss by acts of fraud or dishonesty by the bail agent.
History:
[41-1040, added 2003, ch. 104, sec. 4, p. 329; am. 2010, ch. 86, sec. 5, p. 167.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1041 - RECORDS.

41-1041. RECORDS. (1) The bail agent shall provide copies of the bail contract, premium receipts, collateral receipts, and any related documents to the defendant and any cosigner at the time of the bail transaction.
(2) In addition to the records set forth in section 41-1036, Idaho Code, a bail agent shall also maintain complete records pertaining to any collateral received and any charges collected for any bail bond transaction for at least five (5) years after the liability of the surety has been terminated.
History:
[41-1041, added 2003, ch. 104, sec. 5, p. 329.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1042 - COLLECTIONS AND CHARGES PERMITTED.

41-1042. COLLECTIONS AND CHARGES PERMITTED. (1) Notwithstanding any other provision of this chapter, a bail agent in any bail transaction shall not, directly or indirectly, charge or collect money or other valuable consideration from any person except for the following:
(a) To pay premiums at the rates established by the insurer;
(b) To provide collateral;
(c) To reimburse the bail agent for actual expenses incurred in connection with the bail transaction, limited to the following:
(i) Expenditures actually and reasonably incurred to verify underwriting information or to pay for notary public fees, recording fees, or necessary long distance telephone or telegram fees; provided however, that the total of all such expenditures reimbursed shall not exceed fifty dollars ($50.00); and
(ii) Travel expenses incurred more than twenty-five (25) miles from a bail agent’s place of business, which includes any city or locality in which the bail agent advertises or engages in bail business, up to the amount allowed by the internal revenue service for business travel for the year in which the travel occurs.
(2) Except as permitted under this section, a bail agent shall not make any charge for his service in a bail transaction and the bail agent shall fully document all expenses for which the bail agent seeks reimbursement.
History:
[41-1042, added 2003, ch. 104, sec. 6, p. 330.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1043 - COLLATERAL.

41-1043. COLLATERAL. (1) A bail agent may accept collateral in connection with the bail bond transaction if the collateral is not excessive in relation to the face amount of the bond.
(2) All collateral received by a bail agent is received in a fiduciary capacity.
(a) Collateral received in the form of cash must be deposited and maintained in a trust account that is separate and apart from any other funds or assets of the bail agent.
(b) Collateral other than cash must be maintained in a separate and secure location apart from the assets of the bail agent.
(3) Collateral received must be returned to the person who deposited the collateral with the bail agent within fourteen (14) days of the date notice is received that the obligation, the satisfaction of which was secured by collateral, is discharged.
(4) A copy of the order of the court wherein the bail or undertaking was ordered exonerated shall be deemed prima facie evidence of exoneration or termination of the liability.
(5) If a bail agent accepts collateral, the bail agent shall give a written receipt for the collateral to the person from whom the collateral was received. The receipt shall include a full and detailed accounting of the collateral received.
History:
[41-1043, added 2003, ch. 104, sec. 7, p. 330.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1044 - EARLY SURRENDER OF DEFENDANT TO CUSTODY — RETURN OF PREMIUM.

41-1044. EARLY SURRENDER OF DEFENDANT TO CUSTODY — RETURN OF PREMIUM. (1) A bail agent shall immediately return in full all premium and collateral associated with a bail transaction if the bail agent without good cause or in violation of the bail contract surrenders the defendant to custody before the time specified in the undertaking of bail or the bail bond for the appearance of the defendant or, if no time is specified in the undertaking or bond, before the time the defendant is lawfully required to appear in court.
(2) A bail agent has good cause for the early surrender of a defendant if the defendant has changed addresses without notifying the bail agent, engaged in self-concealment, left the jurisdiction of the court without permission of the bail agent or the court, materially breached the terms of the bail contract, or has otherwise acted in a manner that materially increases the risk of loss assumed by the bail agent or surety. A failure to pay the premium when due shall constitute good cause for early surrender only if at the time of the bail transaction the bail agent obtains the payor’s signature on a written statement clearly stating the amount of premium due, the date by which the premium must be paid and that the failure to pay the premium by the due date will result in the early surrender of the defendant and forfeiture of any premium paid.
(3) Before surrendering a defendant early for good cause, a bail agent shall prepare a signed and dated written statement fully describing the facts upon which the agent relied in determining that good cause exists for the early surrender of the defendant. The statement shall be maintained as a record of the bail transaction and shall be made available to the department upon request. A bail agent who surrenders a defendant early for good cause shall not be entitled to seek recovery of any unpaid premium.
History:
[41-1044, added 2003, ch. 104, sec. 8, p. 331.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1045 - RESPONSIBILITY FOR ACTIONS OF OTHERS.

41-1045. RESPONSIBILITY FOR ACTIONS OF OTHERS. For purposes of licensing and regulation under title 41, Idaho Code, a bail agent is responsible for the actions of the bail agent’s employees, contractors and agents acting on the bail agent’s behalf in relation to bail transactions and matters arising out of bail transactions.
History:
[41-1045, added 2003, ch. 104, sec. 9, p. 331.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1081 - REQUIREMENTS FOR SALE OF PORTABLE ELECTRONICS INSURANCE — FINDINGS — PURPOSE.

41-1081. REQUIREMENTS FOR SALE OF PORTABLE ELECTRONICS INSURANCE — FINDINGS — PURPOSE. (1) Sections 41-1081 through 41-1089, Idaho Code, set forth requirements for the sale of portable electronics insurance in this state.
(2) The legislature finds that portable electronics insurers and insurance producers who sell, solicit or negotiate the offer or sale of such insurance in this state shall be supervised and regulated by the department of insurance in a uniform and consistent manner.
History:
[41-1081, added 2012, ch. 226, sec. 3, p. 620.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1082 - DEFINITIONS.

41-1082. DEFINITIONS. As used in sections 41-1081 through 41-1089, Idaho Code:
(1) "Customer" means a person who purchases portable electronics or services.
(2) "Enrolled Customer" means a customer who purchases coverage under a portable electronics insurance policy issued to a vendor of portable electronics, which vendor would be the insured under a master or group policy.
(3) "Location" means any physical location in the state of Idaho or any website, call center site or similar location directed to residents of the state of Idaho.
(4) "Portable electronics" means electronic devices that are portable in nature and includes accessories and any services related to the use of such device.
(5) (a) "Portable electronics insurance" means insurance providing coverage for the repair or replacement of portable electronics against any one (1) or more of the following causes of loss: loss of the portable electronic device, theft, inoperability due to mechanical failure, malfunction, damage or other similar causes of loss;
(b) "Portable electronics insurance" does not include:
(i) A service contract as defined in section 41-114A, Idaho Code;
(ii) A policy of insurance covering a seller’s or a manufacturer’s obligations under a warranty; or
(iii) A homeowner’s, renter’s, private passenger automobile, commercial multi-peril or similar insurance policy.
(6) "Portable electronics transaction" means:
(a) The sale or lease of portable electronics by a vendor to a customer; or
(b) The sale of a service related to the use of portable electronics by a vendor to a customer.
(7) "Supervising entity" means a business entity that is a licensed insurer or insurance producer that is authorized by an insurer to supervise the administration of a portable electronics insurance program.
(8) "Vendor" means a person in the business of engaging in portable electronics transactions directly or indirectly.
History:
[41-1082, added 2012, ch. 226, sec. 4, p. 621.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1083 - LICENSURE OF VENDORS.

41-1083. LICENSURE OF VENDORS. (1) A vendor is required to hold a limited lines license to sell or offer coverage under a policy of portable electronics insurance.
(2) A limited lines license issued pursuant to the provisions of this section shall authorize any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to a customer at each location at which the vendor engages in portable electronics transactions.
(3) The supervising entity shall maintain a registry of vendor locations that are authorized to sell or solicit portable electronics insurance coverage in this state. Upon request by the director to the supervising entity, the registry shall be open to inspection and examination by the director during regular business hours of the supervising entity.
(4) Notwithstanding any other provision of law, a limited lines license issued pursuant to this section shall authorize the licensee and its employees or authorized representatives to engage in those activities that are permitted in this section.
History:
[41-1083, added 2012, ch. 226, sec. 5, p. 621.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1084 - REQUIREMENTS FOR SALE OF PORTABLE ELECTRONICS INSURANCE.

41-1084. REQUIREMENTS FOR SALE OF PORTABLE ELECTRONICS INSURANCE. (1) At every location where portable electronics insurance is offered or sold to customers, brochures or other written materials must be provided by the vendor to a prospective customer which:
(a) Disclose that portable electronics insurance may duplicate coverage already provided by a customer’s homeowner’s insurance policy, renter’s insurance policy or other source of insurance coverage;
(b) State that the purchase by the customer of a portable electronics insurance policy is not required in order to purchase or lease portable electronics or related services;
(c) Summarize the material terms of the insurance coverage, including:
(i) The identity of the insurer;
(ii) The identity and contact information of the supervising entity;
(iii) The amount of any applicable deductible and how it is to be paid;
(iv) Benefits of the insurance coverage; and
(v) Key terms and conditions of the insurance coverage such as whether portable electronics may be repaired or replaced with similar make and model, reconditioned or nonoriginal manufacturer parts or equipment;
(d) Set forth the process for filing a claim, including a description of how to return portable electronics and any deadlines applicable thereto, any fees that may apply and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements; and
(e) State that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and that the person who paid the premium shall receive a pro rata refund or credit of any applicable unearned premium.
(2) The director may order a vendor to stop using any brochure or other written material that violates the requirements of this section or is otherwise found to be misleading or false.
(3) Portable electronics insurance may be offered on a month to month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers.
(4) Eligibility and underwriting standards for customers electing to purchase portable electronics insurance coverage shall be established for each portable electronics insurance program by the insurer issuing a policy to a vendor.
History:
[41-1084, added 2012, ch. 226, sec. 6, p. 622.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1086 - RESPONSIBILITY FOR ACTIONS OF OTHERS.

41-1086. RESPONSIBILITY FOR ACTIONS OF OTHERS. For purposes of licensing and regulation under title 41, Idaho Code, a portable electronics limited lines licensee shall be responsible for the actions of the licensee’s employees and authorized representatives acting on the licensee’s behalf in relation to portable electronics insurance transactions and matters arising out of the same. Any violation of this chapter by the licensee’s employees and authorized representatives acting on the licensee’s behalf shall be considered a violation by the licensee.
History:
[41-1086, added 2012, ch. 226, sec. 8, p. 623.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1087 - SUSPENSION OR REVOCATION OF LICENSE.

41-1087. SUSPENSION OR REVOCATION OF LICENSE. If a vendor of portable electronics or its employee or authorized representative violates any applicable provision of this chapter including, but not limited to, section 41-1016, Idaho Code, or applicable provisions of chapter 13, title 41, Idaho Code, or an applicable rule, the director may:
(1) Impose an administrative penalty pursuant to section 41-117, Idaho Code. However, penalties arising from the same or similar conduct shall not exceed fifty thousand dollars ($50,000) in the aggregate; and
(2) Impose other penalties that the director deems necessary and reasonable, including:
(a) Prohibiting such vendor from transacting portable electronics insurance pursuant to the provisions of this section at specific business locations where violations have occurred or from using specific employees or representatives in the transaction of portable electronics insurance; and
(b) Suspending, revoking or refusing to renew the license of such vendor.
History:
[41-1087, added 2012, ch. 226, sec. 9, p. 624.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1090 - SHORT TITLE.

41-1090. SHORT TITLE. Sections 41-1090 through 41-1096, Idaho Code, shall be known and may be cited as the "Limited Lines Travel Insurance Act."
History:
[41-1090, added 2017, ch. 198, sec. 2, p. 495.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1091 - DEFINITIONS.

41-1091. DEFINITIONS. As used in this chapter:
(1) "Designated responsible producer" means the individual licensed producer responsible for ensuring compliance by the limited lines travel insurance producer with travel insurance laws and rules of the state, as set forth in section 41-1092(2)(c), Idaho Code.
(2) "Limited lines travel insurance producer" means a person who is a limited lines producer as defined in section 41-1003, Idaho Code.
(3) "Offer and disseminate" means providing general information, including a description of the coverage and price, as well as processing the application, collecting premiums and performing other activities permitted by the state.
(4) "Travel insurance" means insurance coverage for personal risks incident to planned travel including, but not limited to:
(a) Interruption or cancellation of a trip or event;
(b) Loss of baggage or personal effects;
(c) Damages to accommodations or rental vehicles; and
(d) Sickness, accident, disability or death occurring during travel.
"Travel insurance" does not include major medical plans that provide comprehensive medical protection for travelers with trips lasting six (6) months or longer, including those working overseas as an expatriate or military personnel being deployed.
(5) "Travel retailer" means a business entity that makes, arranges or offers travel services and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer.
History:
[41-1091, added 2017, ch. 198, sec. 3, p. 495.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1093 - REGISTRATION REQUIRED.

41-1093. REGISTRATION REQUIRED. A travel retailer, whose insurance-related activities and those of its employees and authorized representatives are limited to offering and disseminating travel insurance, on behalf of and under the direction of a limited lines travel insurance producer meeting the conditions stated in this chapter, is authorized to do so and receive related compensation upon registration by the limited lines travel insurance producer as described in section 41-1092(2)(b), Idaho Code.
History:
[41-1093, added 2017, ch. 198, sec. 5, p. 497.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1095 - RESPONSIBILITY OF LIMITED LINES TRAVEL INSURANCE PRODUCERS.

41-1095. RESPONSIBILITY OF LIMITED LINES TRAVEL INSURANCE PRODUCERS. As the insurer designee, the limited lines travel insurance producer is responsible for the acts of the travel retailer and shall use reasonable means to ensure compliance by the travel retailer with this chapter.
History:
[41-1095, added 2017, ch. 198, sec. 7, p. 497.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1096 - NO NEGATIVE OPTION OR OPT OUT.

41-1096. NO NEGATIVE OPTION OR OPT OUT. No person offering travel insurance on an individual or group basis may do so using a negative option or option to opt out, that would require a consumer to take an affirmative action to deselect coverage such as unchecking a box on an electronic form when purchasing a trip. It shall not be an unfair trade practice to include blanket travel insurance coverage with the purchase of a trip, provided the coverage is not marketed as free.
History:
[41-1096, added 2017, ch. 198, sec. 8, p. 497.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 10 - PRODUCER LICENSING › Section 41-1097 - ENFORCEMENT.

41-1097. ENFORCEMENT. The limited lines travel insurance producer and any travel retailer offering and disseminating travel insurance under the limited lines travel insurance producer license shall be subject to the provisions of section 41-1016, Idaho Code, and other applicable provisions of this title. Violations of this act shall be considered an unfair trade practice under chapter 13, title 41, Idaho Code.
History:
[41-1097, added 2017, ch. 198, sec. 9, p. 498.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 11 - ADJUSTERS › Section 41-1102 - “ADJUSTER” DEFINED.

41-1102. "ADJUSTER" DEFINED. (1) An "adjuster" is a person who, on behalf of the insurer, for compensation as an independent contractor or as the employee of such an independent contractor, or for fee or commission, investigates and negotiates settlement of claims arising under insurance contracts.
(2) None of the following is an "adjuster" for the purposes of this chapter:
(a) A licensed attorney at law who is qualified to practice law in this state.
(b) The salaried employee of an authorized insurer, or group of such insurers under common control or ownership, or of a managing general agent, who adjusts losses for such insurer or insurers or for the authorized insurers represented by the general agent.
(c) The licensed agent of an authorized insurer who, at the insurer’s request, from time to time adjusts or assists in adjustment of losses arising under policies issued by such insurer.
(d) An individual who collects claim information from, or furnishes claim information to, claimants or those who are insured and who conducts data entry, including entering data into an automated claims adjudication system, provided that the individual is an employee of a licensed adjuster or its affiliate where no more than twenty-five (25) such persons are under the supervision of one (1) licensed adjuster or licensed agent. A licensed agent who acts as a supervisor or adjusts claims pursuant to the provisions of this paragraph is not required to also be licensed as an adjuster. For purposes of this section, "automated claims adjudication system" means a pre-programmed computer system designed for the collection, data entry, calculation and final resolution of portable electronics insurance claims that:
(i) May only be utilized by a licensed adjuster, licensed agent or supervised individuals operating pursuant to the provisions of this paragraph;
(ii) Must comply with all claims payment requirements of the insurance code; and
(iii) Must be certified as compliant with this section by a licensed adjuster who is an officer of a licensed business entity pursuant to the provisions of this chapter.
History:
[41-1102, added 1961, ch. 330, sec. 238, p. 645; am. 2012, ch. 226, sec. 12, p. 626.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 11 - ADJUSTERS › Section 41-1103 - LICENSE REQUIRED.

41-1103. LICENSE REQUIRED. No person shall in this state be, act as, or advertise or hold himself out to be, an adjuster unless then licensed as an adjuster under this chapter. No resident of Canada may be licensed as a resident adjuster or may designate Idaho as his home state, unless such person has successfully passed the adjuster examination and has complied with the other applicable provisions of this chapter. No resident of Canada may be licensed as a nonresident adjuster unless such person has obtained a resident or home state adjuster license in another state.
History:
[41-1103, added 1961, ch. 330, sec. 239, p. 645; am. 2012, ch. 226, sec. 13, p. 627.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 11 - ADJUSTERS › Section 41-1104 - QUALIFICATIONS FOR ADJUSTER’S LICENSE.

41-1104. QUALIFICATIONS FOR ADJUSTER’S LICENSE. (1) Except as provided in subsection (2) of this section, the director shall not issue, continue, or permit to exist any license as an adjuster as to any person not qualified therefor as follows:
(a) Must be a natural person not less than twenty-one (21) years of age.
(b) Must be trustworthy, and be of good character and reputation as to morals, integrity, and financial responsibility, and must not have been convicted of any crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code.
(c) Must be a salaried employee of a licensed adjuster, or must have had experience or special education or training as to the investigation and settlement of loss of claims under insurance contracts of sufficient duration and extent reasonably to satisfy the director as to his competence to fulfill the responsibilities of an adjuster.
(d) If required by the director, must pass a written examination to test his knowledge of the duties and responsibilities of an adjuster and of matters involved in transactions under an adjuster’s license. The examination shall be subject to the same applicable provisions as apply pursuant to title 41, Idaho Code, to examinations for license as insurance agent.
(2) A firm or corporation, whether or not organized under the laws of this state, may be licensed as an adjuster if each individual who is to exercise the license powers in this state is separately licensed, or is named in the firm or corporation license, and is qualified as for an individual license as adjuster under subsection (1) of this section. An additional full license fee shall be paid as to each individual in excess of one (1) so named in the firm or corporation license to exercise its powers.
History:
[41-1104, added 1961, ch. 330, sec. 240, p. 645; am. 1969, ch. 214, sec. 38, p. 625; am. 2012, ch. 226, sec. 14, p. 627; am. 2020, ch. 175, sec. 9, p. 513.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 11 - ADJUSTERS › Section 41-1105 - APPLICATION FOR LICENSE.

41-1105. APPLICATION FOR LICENSE. The individual desiring to be licensed as an adjuster shall make written application therefor to the director, on forms as prescribed and furnished by the director. The application shall be accompanied by payment of the fee for the license as set forth by rule pursuant to section 41-401, Idaho Code.
History:
[41-1105, added 1961, ch. 330, sec. 241, p. 645; am. 2001, ch. 85, sec. 4, p. 214.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 11 - ADJUSTERS › Section 41-1106 - SCOPE OF LICENSE.

41-1106. SCOPE OF LICENSE. Under his license an adjuster shall have authority to act as adjuster on behalf of the insurer only as to losses under insurance contracts.
History:
[41-1106, added 1961, ch. 330, sec. 242, p. 645.]