reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 41 - INSURANCE › Chapter 20 - GROUP LIFE INSURANCE › Section 41-2017 - CERTIFICATE.

41-2017. CERTIFICATE. The group life insurance policy shall contain a provision that the insurer will issue to the policyholder for delivery to each person insured an individual certificate setting forth a statement as to the insurance protection to which he is entitled, to whom the insurance benefits are payable, and the rights and conditions set forth in sections 41-2018, 41-2019 and 41-2020 following.
History:
[41-2017, added 1961, ch. 330, sec. 482, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 20 - GROUP LIFE INSURANCE › Section 41-2018 - CONVERSION ON TERMINATION OF ELIGIBILITY.

41-2018. CONVERSION ON TERMINATION OF ELIGIBILITY. There shall be a provision that if the insurance, or any portion of it, on a person covered under the policy ceases because of termination of employment or of membership in the class or classes eligible for coverage under the policy, such person shall be entitled to have issued to him by the insurer, without evidence of insurability, an individual policy of life insurance without disability or other supplementary benefits, provided application for the individual policy shall be made, and the first premium paid to the insurer, within thirty-one (31) days after such termination, and provided further that:
(1) The individual policy shall, at the option of such person, be on any one of the forms, except term insurance, then customarily issued by the insurer at the age and for the amount applied for;
(2) The individual policy shall be in an amount not in excess of the amount of life insurance which ceases because of such termination less the amount of any life insurance for which such person is or becomes eligible under the same or any other group policy within thirty-one (31) days after such termination, provided that any amount of insurance which shall have matured on or before the date of such termination as an endowment payable to the person insured, whether in one sum or in instalments or in the form of an annuity, shall not, for the purposes of this provision, be included in the amount which is considered to cease because of such termination; and
(3) The premium on the individual policy shall be at the insurer’s then customary rate applicable to the form and amount of the individual policy, to the class of risk to which such person then belongs, and to his age attained on the effective date of the individual policy.
History:
[41-2018, added 1961, ch. 330, sec. 483, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 20 - GROUP LIFE INSURANCE › Section 41-2019 - CONVERSION ON TERMINATION OF POLICY.

41-2019. CONVERSION ON TERMINATION OF POLICY. The group life insurance policy shall contain a provision that if the group policy terminates or is amended so as to terminate the insurance of any class of insured persons, every person insured thereunder at the date of such termination whose insurance terminates and who has been so insured for at least five (5) years prior to such termination date shall be entitled to have issued to him by the insurer an individual policy of life insurance, subject to the same conditions and limitations as are provided by section 41-2018, except that the group policy may provide that the amount of such individual policy shall not exceed the smaller of:
(1) The amount of the person’s life insurance protection ceasing because of the termination or amendment of the group policy, less the amount of any life insurance for which he is or becomes eligible under any group policy issued or reinstated by the same or another insurer within thirty-one (31) days after such termination, and
(2) Two thousand dollars ($2,000).
History:
[41-2019, added 1961, ch. 330, sec. 484, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 20 - GROUP LIFE INSURANCE › Section 41-2020 - DEATH PENDING CONVERSION.

41-2020. DEATH PENDING CONVERSION. The group life insurance policy shall contain a provision that if a person insured under the policy dies during the period within which he would have been entitled to have an individual policy issued to him in accordance with sections 41-2018 and 41-2019 and before such an individual policy shall have become effective, the amount of life insurance which he would have been entitled to have issued to him under such individual policy shall be payable as a claim under the group policy, whether or not application for the individual policy or the payment of the first premium therefor has been made.
History:
[41-2020, added 1961, ch. 330, sec. 485, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 20 - GROUP LIFE INSURANCE › Section 41-2021 - NOTICE AS TO CONVERSION RIGHT.

41-2021. NOTICE AS TO CONVERSION RIGHT. If any individual insured under a group life insurance policy hereafter delivered in this state becomes entitled under the terms of such policy to have an individual policy of life insurance issued to him without evidence of insurability, subject to making of application and payment of the first premium within the period specified in such policy, and if such individual is not given notice of the existence of such right at least fifteen (15) days prior to the expiration date of such period, then, in such event the individual shall have an additional period within which to exercise such right, but nothing herein contained shall be construed to continue any insurance beyond the period provided in such policy. This additional period shall expire fifteen (15) days next after the individual is given such notice but in no event shall such additional period extend beyond sixty (60) days next after the expiration date of the period provided in such policy. Written notice presented to the individual or mailed by the policyholder to the last known address of the individual or mailed by the insurer to the last known address of the individual as furnished by the policyholder shall constitute notice for the purpose of this section.
History:
[41-2021, added 1961, ch. 330, sec. 486, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 20 - GROUP LIFE INSURANCE › Section 41-2022 - READJUSTMENT OF PREMIUM.

41-2022. READJUSTMENT OF PREMIUM. Any group life insurance contract may provide for a readjustment of the premium rate based upon the experience thereunder.
History:
[41-2022, added 1961, ch. 330, sec. 487, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 20 - GROUP LIFE INSURANCE › Section 41-2023 - APPLICATION OF DIVIDENDS — RATE REDUCTIONS.

41-2023. APPLICATION OF DIVIDENDS — RATE REDUCTIONS. If a policy dividend is hereafter declared or a reduction in rate is hereafter made or continued for the first or any subsequent year of insurance under any policy of group life insurance heretofore or hereafter issued to any policyholder, the excess, if any, of the aggregate dividends or rate reductions under such policy and all other group insurance policies of the policyholder over the aggregate expenditure for insurance under such policies made from funds contributed by the policyholder, or by an employer of insured persons, or by a union or association to which the insured persons belong, including expenditures made in connection with administration of such policies, shall be applied by the policyholder for the sole benefit of insured employees or members.
History:
[41-2023, added 1961, ch. 330, sec. 488, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 20 - GROUP LIFE INSURANCE › Section 41-2024 - “EMPLOYEE LIFE INSURANCE” DEFINED.

41-2024. "EMPLOYEE LIFE INSURANCE" DEFINED. (1) "Employee life insurance" is that plan of life insurance, other than salary savings life insurance or pension trust insurance and annuities, under which individual policies are issued to the employees of any employer and the employer, or to the members of a professional association or its employees and where such policies are issued on the lives of not less than four (4) persons at date of issue. Premiums for such policies shall be paid either wholly from the employer’s or member’s funds, or funds contributed by him, or partly from such funds and partly from funds contributed by the insured employees.
(2) Any group which is eligible for "group disability insurance" under section 41-2202, Idaho Code, will be eligible for employee life insurance under section 41-2024, Idaho Code.
History:
[41-2024, added 1961, ch. 330, sec. 489, p. 645; am. 1974, ch. 85, sec. 1, p. 1176; am. 1975, ch. 207, sec. 3, p. 575.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 20 - GROUP LIFE INSURANCE › Section 41-2025 - ASSIGNMENT OF INCIDENTS OF OWNERSHIP IN GROUP LIFE INSURANCE POLICIES, INCLUDING CONVERSION PRIVILEGES.

41-2025. ASSIGNMENT OF INCIDENTS OF OWNERSHIP IN GROUP LIFE INSURANCE POLICIES, INCLUDING CONVERSION PRIVILEGES. Nothing in this insurance code or in any other law shall be construed to prohibit any person insured under a group life insurance policy from making an assignment of all or any part of his incidents of ownership under such policy, including but not limited to the privilege to have issued to him an individual policy of life insurance pursuant and subject to the provisions of sections 41-2018, 41-2019 and 41-2021, Idaho Code, and the right to name a beneficiary. Subject to the terms of the policy or agreement between the insured, the group policyholder and the insurer relating to assignment of incidents of ownership thereunder, such an assignment by an insured, made either before or after the effective date [February 25, 1970] of this act, is valid for the purpose of vesting in the assignee, in accordance with any provisions included therein as to the time at which it is to be effective, all of such incidents of ownership so assigned, but without prejudice to the insurer on account of any payment it may make or individual policy it may issue in accordance with sections 41-2018 and 41-2019, Idaho Code, prior to receipt of notice of the assignment.
History:
[I.C., sec. 41-2025, as added by 1970, ch. 50, sec. 1, p. 102.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 20 - GROUP LIFE INSURANCE › Section 41-2026 - POLICY STANDARDS — REPLACEMENT CONTRACTS.

41-2026. POLICY STANDARDS — REPLACEMENT CONTRACTS. (1) Any insurer providing replacement coverage with respect to group life insurance benefits within a period of sixty (60) days from the date of discontinuance of the prior policy providing such benefits shall immediately cover all members of the group and dependents validly covered under the previous policy at the date of discontinuance who are within the definitions of eligibility and who would otherwise be eligible for coverage under the succeeding insurer’s policy, regardless of any limitations or exclusions relating to active employment or nonconfinement.
(2) Any member of the group or dependent entitled to coverage under a succeeding insurer’s policy pursuant to subsection (1) of this section shall continue to be covered by the succeeding insurer until the date coverage would terminate for a member of the group or dependent in accordance with the provisions of the succeeding insurer’s policy.
(3) No provision in the succeeding insurer’s policy of replacement coverage which would operate to reduce or exclude benefits on the basis that the condition giving rise to benefits preexisted the effective date of the succeeding insurer’s policy shall be applied with respect to those members of the group and dependents validly insured under the prior insurer’s policy on the date of discontinuance, if benefits would have been payable under the prior insurer’s policy.
(4) In a situation where a determination of the prior insurer’s benefit is required by the succeeding insurer, at the succeeding insurer’s request, the prior insurer shall furnish a statement of benefits available or pertinent information, sufficient to permit verification of the benefit determination by the succeeding insurer.
History:
[41-2026, added 1981, ch. 67, sec. 1, p. 97.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2101 - SCOPE OF CHAPTER.

41-2101. SCOPE OF CHAPTER. Nothing in this chapter shall apply to or affect:
(1) Any policy of liability or workmen’s compensation insurance with or without supplementary expense coverage therein.
(2) Any group or blanket policy.
(3) Life insurance, endowment or annuity contracts, or contracts supplemental thereto which contain only such provisions relating to disability insurance as:
(a) Provide additional benefits in case of death or dismemberment or loss of sight by accident or accidental means, or as
(b) Operate to safeguard such contracts against lapse, or to give a special surrender value or special benefit or an annuity in the event that the insured or annuitant becomes totally and permanently disabled, as defined by the contract or supplemental contract.
(4) Reinsurance.
History:
[41-2101, added 1961, ch. 330, sec. 490, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2104 - REQUIRED PROVISIONS — CAPTIONS — OMISSIONS — SUBSTITUTIONS.

41-2104. REQUIRED PROVISIONS — CAPTIONS — OMISSIONS — SUBSTITUTIONS. (1) Except as provided in subsection (2) below, each such policy delivered or issued for delivery to any person in this state shall contain the provisions specified in sections 41-2105 to 41-2116, inclusive, and sections 41-2139 and 41-2140, Idaho Code, of this chapter, in the words in which the same appear; except, that the insurer may, at its option, substitute for one or more of such provisions corresponding provisions of different wording approved by the director which are in each instance not less favorable in any respect to the insured or the beneficiary. Each such provision shall be preceded individually by the applicable caption shown, or, at the option of the insurer, by such appropriate individual or group captions or sub-captions as the director may approve.
(2) If any such provision is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy, the insurer, with the approval of the director, shall omit from such policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of a provision in such manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.
History:
[41-2104, added 1961, ch. 330, sec. 493, p. 645; am. 1972, ch. 348, sec. 1, p. 1030; am. 1974, ch. 66, sec. 1, p. 1146.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2105 - ENTIRE CONTRACT — CHANGES.

41-2105. ENTIRE CONTRACT — CHANGES. There shall be a provision as follows:
"Entire Contract; Changes: This policy, including the endorsements and the attached papers, if any, constitute the entire contract of insurance. No change in this policy shall be valid until approved by an executive officer of the insurer and unless such approval be endorsed hereon or attached hereto. No agent has authority to change this policy or to waive any of its provisions."
History:
[41-2105, added 1961, ch. 330, sec. 494, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2106 - TIME LIMIT ON CERTAIN DEFENSES.

41-2106. TIME LIMIT ON CERTAIN DEFENSES. (1) There shall be a provision as follows:
"Time Limit on Certain Defenses:
(a) After two (2) years from the date of issue of this policy, no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability, as defined in the policy, commencing after the expiration of such two (2) year period.
(b) No claim for loss incurred or disability, as defined in the policy, commencing after two (2) years from the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or specific description effective on the date of loss had existed prior to the effective date of coverage of this policy."
(2) The policy provision of (1)(a) above shall not be so construed as to affect any legal requirement for avoidance of a policy or denial of a claim during such initial two (2) year period, nor to limit the application of sections 41-2118 through 41-2122, Idaho Code, in the event of misstatement with respect to age or occupation or other insurance.
(3) Notwithstanding the provisions of section 41-2106(2), Idaho Code, if an insurer elects to use a simplified application form, with or without a question as to the applicant’s health at the time of application, but without any questions concerning the insured’s health history or medical treatment history, the policy must cover any loss occurring after twelve (12) months from any preexisting condition not specifically excluded from coverage by terms of the policy, and, except as so provided, the policy or contract shall not include wording that would permit a defense based upon preexisting conditions.
(4) A policy which the insured has the right to continue in force subject to its terms by the timely payment of premium (a) until at least age fifty (50) or, (b) in the case of a policy issued after age forty-four (44), for at least five (5) years from its date of issue, may contain in lieu of the foregoing, the following provision, from which the clause in parentheses may be omitted at the insurer’s option, under the caption, "Incontestable":
"After this policy has been in force for a period of two (2) years during the lifetime of the insured (excluding any period during which the insured is disabled), it shall become incontestable as to any statements, other than fraudulent statements, contained in the application."
History:
[41-2106, added 1961, ch. 330, sec. 495, p. 645; am. 1976, ch. 135, sec. 1, p. 507.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2107 - GRACE PERIOD.

41-2107. GRACE PERIOD. There shall be a provision as follows:
"Grace Period: A grace period of….(insert a number not less than ‘7’ for weekly premium policies, ’10’ for monthly premium policies and ’31’ for all other policies) days will be granted for the payment of each premium falling due after the first premium, during which grace period the policy shall continue in force."
A policy in which the insurer reserves the right to refuse renewal shall have, at the beginning of the above provision:
"Unless not less than thirty (30) days prior to the premium due date the insurer has delivered to the insured or has mailed to his last address as shown by the records of the insurer written notice of its intention not to renew this policy beyond the period for which the premium has been accepted."
History:
[41-2107, added 1961, ch. 330, sec. 496, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2108 - REINSTATEMENT.

41-2108. REINSTATEMENT. (1) There shall be a provision as follows:
"Reinstatement: If any renewal premium be not paid within the time granted the insured for payment, a subsequent acceptance of premium by the insurer or by any agent duly authorized by the insurer to accept such premium, without requiring in connection therewith an application for reinstatement, shall reinstate the policy; provided, however, that if the insurer or such agent requires an application for reinstatement and issues a conditional receipt for the premium tendered, the policy will be reinstated upon approval of such application by the insurer or, lacking such approval, upon the forty-fifth day following the date of such conditional receipt unless the insurer has previously notified the insured in writing of its disapproval of such application. The reinstated policy shall cover only loss resulting from such accidental injury as may be sustained after the date of reinstatement and loss due to such sickness as may begin more than ten (10) days after such date. In all other respects the insured and insurer shall have the same rights thereunder as they had under the policy immediately before the due date of the defaulted premium, subject to any provisions endorsed hereon or attached hereto in connection with the reinstatement. Any premium accepted in connection with a reinstatement shall be applied to a period for which premium has not been previously paid, but not to any period more than sixty (60) days prior to the date of reinstatement."
(2) The last sentence of the above provision may be omitted from any policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums
(a) Until at least age fifty (50), or
(b) In the case of a policy issued after age forty-four (44), for at least five (5) years from its date of issue.
History:
[41-2108, added 1961, ch. 330, sec. 497, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2109 - NOTICE OF CLAIM.

41-2109. NOTICE OF CLAIM. (1) There shall be a provision as follows:
"Notice of Claim: Written notice of claim must be given to the insurer within twenty days after the occurrence or commencement of any loss covered by the policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the insured or the beneficiary to the insurer at …. (insert the location of such office as the insurer may designate for the purpose), or to any authorized agent of the insurer, with information sufficient to identify the insured, shall be deemed notice to the insurer."
(2) In a policy providing a loss-of-time benefit which may be payable for at least two (2) years, an insurer may at its option insert the following between the first and second sentences of the above provision:
"Subject to the qualifications set forth below, if the insured suffers loss of time on account of disability for which indemnity may be payable for at least two years, he shall, at least once in every six months after having given notice of the claim, give to the insurer notice of continuance of the disability, except in the event of legal incapacity. The period of six months following any filing of proof by the insured or any payment by the insurer on account of such claim or any denial of liability in whole or in part by the insurer shall be excluded in applying this provision. Delay in the giving of such notice shall not impair the insured’s right to any indemnity which would otherwise have accrued during the period of six months preceding the date on which such notice is actually given."
History:
[41-2109, added 1961, ch. 330, sec. 498, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2110 - CLAIM FORMS.

41-2110. CLAIM FORMS. There shall be a provision as follows:
"Claim Forms: The insurer, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within fifteen days after the giving of such notice the claimant shall be deemed to have complied with the requirements of this policy as to proof of loss upon submitting, within the time fixed in the policy for filing proofs of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made."
History:
[41-2110, added 1961, ch. 330, sec. 499, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2111 - PROOFS OF LOSS.

41-2111. PROOFS OF LOSS. There shall be a provision as follows:
"Proofs of Loss: Written proof of loss must be furnished to the insurer at its said office in case of claim for loss for which this policy provides any periodic payment contingent upon continuing loss within ninety days after the termination of the period for which the insurer is liable and in case of claim for any other loss within ninety days after the date of such loss. Failure to furnish such proof within the time required shall not invalidate nor reduce any claim if it was not reasonably possible to give proof within such time, provided such proof is furnished as soon as reasonably possible and in no event, except in the absence of legal capacity, later than one year from the time proof is otherwise required."
History:
[41-2111, added 1961, ch. 330, sec. 500, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2112 - TIME OF PAYMENT OF CLAIMS.

41-2112. TIME OF PAYMENT OF CLAIMS. There shall be a provision as follows:
"Time of Payment of Claims: Indemnities payable under this policy for any loss other than loss for which this policy provides any periodic payment, will be paid immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnities for loss for which this policy provides periodic payment will be paid …. (insert period for payment which must not be less frequently than monthly) and any balance remaining unpaid upon the termination of liability will be paid immediately upon receipt of due written proof."
History:
[41-2112, added 1961, ch. 330, sec. 501, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2113 - PAYMENT OF CLAIMS.

41-2113. PAYMENT OF CLAIMS. (1) There shall be a provision as follows:
"Payment of Claims: Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to the estate of the insured. Any other accrued indemnities unpaid at the insured’s death may, at the option of the insurer, be paid either to such beneficiary or to such estate. All other indemnities will be payable to the insured."
(2) The following provisions, or either of them, may be included with the foregoing provision at the option of the insurer:
(a) "If any indemnity of this policy shall be payable to the estate of the insured, or to an insured or beneficiary who is a minor or otherwise not competent to give a valid release, the insurer may pay such indemnity, up to an amount not exceeding $ …. (insert an amount which shall not exceed $1,000), to any relative by blood or connection by marriage of the insured or beneficiary who is deemed by the insurer to be equitably entitled thereto. Any payment made by the insurer in good faith pursuant to this provision shall fully discharge the insurer to the extent of such payment."
(b) "Subject to any written direction of the insured in the application or otherwise all or a portion of any indemnities provided by this policy on account of hospital, nursing, medical or surgical services may, at the insurer’s option and unless the insured requests otherwise in writing not later than the time of filing proofs of such loss, be paid directly to the hospital or person rendering such services; but it is not required that the service be rendered by a particular hospital or person."
History:
[41-2113, added 1961, ch. 330, sec. 502, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2114 - PHYSICAL EXAMINATION — AUTOPSY.

41-2114. PHYSICAL EXAMINATION — AUTOPSY. There shall be a provision as follows:
"Physical Examinations and Autopsy: The insurer at its own expense shall have the right and opportunity to examine the person of the insured when and as often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death where it is not forbidden by law."
History:
[41-2114, added 1961, ch. 330, sec. 503, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2115 - LEGAL ACTIONS.

41-2115. LEGAL ACTIONS. There shall be a provision as follows:
"Legal Actions: No action at law or in equity shall be brought to recover on this policy prior to the expiration of sixty days after written proof of loss has been furnished in accordance with the requirements of this policy. No such action shall be brought after the expiration of three years after the time written proof of loss is required to be furnished."
History:
[41-2115, added 1961, ch. 330, sec. 504, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2116 - CHANGE OF BENEFICIARY.

41-2116. CHANGE OF BENEFICIARY. (1) There shall be a provision as follows:
"Change of Beneficiary: Unless the insured makes an irrevocable designation of beneficiary, the right to change the beneficiary is reserved to the insured and the consent of the beneficiary or beneficiaries shall not be requisite to surrender or assignment of this policy or to any change of beneficiary or beneficiaries, or to any other changes in this policy."
(2) The first clause of this provision, relating to the irrevocable designation of beneficiary, may be omitted at the insurer’s option.
History:
[41-2116, added 1961, ch. 330, sec. 505, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2117 - OPTIONAL POLICY PROVISIONS.

41-2117. OPTIONAL POLICY PROVISIONS. Except as provided in section 41-2104(2), no such policy delivered or issued for delivery to any person in this state shall contain provisions respecting the matters set forth in sections 41-2118 to 41-2127, inclusive, of this chapter unless such provisions are in the words in which the same appear in the applicable section, except that the insurer may, at its option, use in lieu of any such provision a corresponding provision of different wording approved by the director which is not less favorable in any respect to the insured or the beneficiary. Any such provision contained in the policy shall be preceded individually by the appropriate caption or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the director may approve.
History:
[41-2117, added 1961, ch. 330, sec. 506, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2118 - CHANGE OF OCCUPATION.

41-2118. CHANGE OF OCCUPATION. There may be a provision as follows:
"Change of Occupation: If the insured be injured or contract sickness after having changed his occupation to one classified by the insurer as more hazardous than that stated in this policy or while doing for compensation anything pertaining to an occupation so classified, the insurer will pay only such portion of the indemnities provided in this policy as the premium paid would have purchased at the rates and within the limits fixed by the insurer for such more hazardous occupation. If the insured changes his occupation to one classified by the insurer as less hazardous than that stated in this policy, the insurer, upon receipt of proof of such change of occupation, will reduce the premium rate accordingly, and will return the excess pro rata unearned premium from the date of change of occupation or from the policy anniversary date immediately preceding receipt of such proof, whichever is the more recent. In applying this provision, the classification of occupational risk and the premium rates shall be such as have been last filed by the insurer prior to the occurrence of the loss for which the insurer is liable or prior to date of proof of change in occupation with the state official having supervision of insurance in the state where the insured resided at the time this policy was issued; but if such filing was not required, then the classification of occupational risk and the premium rates shall be those last made effective by the insurer in such state prior to the occurrence of the loss or prior to the date of proof of change in occupation."
History:
[41-2118, added 1961, ch. 330, sec. 507, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2119 - MISSTATEMENT OF AGE.

41-2119. MISSTATEMENT OF AGE. There may be a provision as follows:
"Misstatement of Age: If the age of the insured has been misstated, all amounts payable under this policy shall be such as the premium paid would have purchased at the correct age."
History:
[41-2119, added 1961, ch. 330, sec. 508, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2123 - RELATION OF EARNINGS TO INSURANCE.

41-2123. RELATION OF EARNINGS TO INSURANCE. (1) There may be a provision as follows:
"Relation of Earnings to Insurance: If the total monthly amount of loss of time benefits promised for the same loss under all valid loss of time coverage upon the insured, whether payable on a weekly or monthly basis, shall exceed the monthly earnings of the insured at the time disability commenced or his average monthly earnings for the period of two years immediately preceding disability for which claim is made, whichever is the greater, the insurer will be liable only for such proportionate amount of such benefits under this policy as the amount of such monthly earnings or such average monthly earnings of the insured bears to the total amount of monthly benefits for the same loss under all such coverage upon the insured at the time such disability commences and for the return of such part of the premiums paid during such two years as shall exceed the pro rata amount of the premiums for the benefits actually paid hereunder; but this shall not operate to reduce the total monthly amount of benefits payable under all such coverage upon the insured below the sum of $200 or the sum of the monthly benefits specified in such coverages, whichever is the lesser, nor shall it operate to reduce benefits other than those payable for loss of time."
(2) The foregoing policy provision may be inserted only in a policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums (a) until at least age fifty (50), or (b) in the case of a policy issued after age forty-four (44), for at least five (5) years from its date of issue. The insurer may, at its option, include in this provision a definition of "valid loss of time coverage", approved as to form by the director, which definition shall be limited in subject matter to coverage provided by governmental agencies or by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, or to any other coverage the inclusion of which may be approved by the director or any combination of such coverages. In the absence of such definition such term shall not include any coverage provided for such insured pursuant to any compulsory benefit statute (including any workmen’s compensation or employer’s liability statute), or benefits provided by union welfare plans or by employer or employee benefit organizations.
History:
[41-2123, added 1961, ch. 330, sec. 512, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2124 - UNPAID PREMIUMS.

41-2124. UNPAID PREMIUMS. There may be a provision as follows:
"Unpaid Premiums: Upon the payment of a claim under this policy, any premium then due and unpaid or covered by any note or written order may be deducted therefrom."
History:
[41-2124, added 1961, ch. 330, sec. 513, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2125 - CONFORMITY WITH STATE STATUTES.

41-2125. CONFORMITY WITH STATE STATUTES. There may be a provision as follows:
"Conformity with State Statutes: Any provision of this policy which, on its effective date is in conflict with the statutes of the state in which the insured resides on such date is hereby amended to conform to the minimum requirements of such statutes."
History:
[41-2125, added 1961, ch. 330, sec. 514, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2126 - ILLEGAL OCCUPATION.

41-2126. ILLEGAL OCCUPATION. There may be a provision as follows:
"Illegal Occupation: The insurer shall not be liable for any loss to which a contributing cause was the insured’s commission of or attempt to commit a felony or to which a contributing cause was the insured’s being engaged in an illegal occupation."
History:
[41-2126, added 1961, ch. 330, sec. 515, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2127 - INTOXICANTS AND NARCOTICS.

41-2127. INTOXICANTS AND NARCOTICS. There may be a provision as follows:
"Intoxicants and Narcotics: The insurer shall not be liable for any loss sustained or contracted in consequence of the insured’s being intoxicated or under the influence of any narcotic unless administered on the advice of a physician."
History:
[41-2127, added 1961, ch. 330, sec. 516, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2128 - RENEWABILITY.

41-2128. RENEWABILITY. Disability insurance policies, other than accident insurance only policies, in which the insurer reserves the right to refuse renewal on an individual basis, shall provide in substance in a provision thereof or in an endorsement thereon or rider attached thereto that subject to the right to terminate the policy upon nonpayment of premium when due, such right to refuse renewal may not be exercised so as to take effect before the renewal date occurring on, or after and nearest, each policy anniversary (or in the case of lapse and reinstatement, at the renewal date occurring on, or after and nearest, each anniversary of the last reinstatement), and that any refusal of renewal shall be without prejudice to any claim originating while the policy is in force. (The parenthetic reference to lapse and reinstatement may be omitted at the insurer’s option.)
History:
[41-2128, added 1961, ch. 330, sec. 517, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2129 - ORDER OF CERTAIN PROVISIONS.

41-2129. ORDER OF CERTAIN PROVISIONS. The provisions which are the subject of sections 41-2105 to 41-2127, inclusive, of this chapter, or any corresponding provisions which are used in lieu thereof in accordance with such sections, shall be printed in the consecutive order of the provisions in such sections or, at the option of the insurer, any such provision may appear as a unit in any part of the policy, with other provisions to which it may be logically related, provided that the resulting policy shall not be in whole or in part unintelligible, uncertain, ambiguous, abstruse, or likely to mislead a person to whom the policy is offered, delivered or issued.
History:
[41-2129, added 1961, ch. 330, sec. 518, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2130 - THIRD PARTY OWNERSHIP.

41-2130. THIRD PARTY OWNERSHIP. The word "insured", as used in this chapter, shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits, and rights provided therein.
History:
[41-2130, added 1961, ch. 330, sec. 519, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2131 - REQUIREMENTS OF OTHER JURISDICTIONS.

41-2131. REQUIREMENTS OF OTHER JURISDICTIONS. (1) Any policy of a foreign or alien insurer, when delivered or issued for delivery to any person in this state, may contain any provision which is not less favorable to the insured or the beneficiary than the provisions of this chapter and which is prescribed or required by the law of the state or country under which the insurer is organized.
(2) Any policy of a domestic insurer may, when issued for delivery in any other state or country, contain any provision permitted or required by the laws of such other state or country.
History:
[41-2131, added 1961, ch. 330, sec. 520, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2132 - POLICIES ISSUED FOR DELIVERY IN ANOTHER STATE.

41-2132. POLICIES ISSUED FOR DELIVERY IN ANOTHER STATE. If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance director or corresponding public official of such other state has informed the director that any such policy is not subject to approval or disapproval by such official, the director may by ruling require that the policy meet the standards set forth in section 41-2103 and in sections 41-2104 to 41-2131, inclusive.
History:
[41-2132, added 1961, ch. 330, sec. 521, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2133 - CONFORMING TO STATUTE.

41-2133. CONFORMING TO STATUTE. (1) No policy provision which is not subject to this chapter shall make a policy, or any portion thereof, less favorable in any respect to the insured or the beneficiary than the provisions thereof which are subject to this chapter.
(2) A policy delivered or issued for delivery to any person in this state in violation of this chapter shall be held valid but shall be construed as provided in this chapter. When any provision in a policy subject to this chapter is in conflict with any provision of this chapter, the rights, duties, and obligations of the insurer, the insured and the beneficiary shall be governed by the provisions of this chapter.
History:
[41-2133, added 1961, ch. 330, sec. 522, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2134 - AGE LIMIT.

41-2134. AGE LIMIT. If any such policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective, and if such date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium after such date, the coverage provided by the policy will continue in force subject to any right of cancellation until the end of the period for which premium has been accepted. In the event the age of the insured has been misstated and if, according to the correct age of the insured, the coverage provided by the policy would not have become effective, or would have ceased prior to the acceptance of such premium or premiums, then the liability of the insurer shall be limited to the refund, upon request, of all premiums paid for the period not covered by the policy.
History:
[41-2134, added 1961, ch. 330, sec. 523, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2135 - PROHIBITED POLICY PLANS — PROVISIONS.

41-2135. PROHIBITED POLICY PLANS — PROVISIONS. No insurer shall hereafter deliver or issue for delivery in this state any disability insurance policy:
(1) Providing benefits or values for surviving or continuing policyholders contingent upon the lapse or termination of the policies of other policyholders whether by death or otherwise.
(2) Containing any clause, provision or agreement providing a premium, deposit or other payment for, or promising the distribution of, any bonus, special fund, or guaranteed payment other than the insurance benefits specified in the policy. This restriction shall not be construed to apply to the payment of dividends to the holders of participating policies.
History:
[41-2135, added 1961, ch. 330, sec. 524, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2136 - FILING OF RATES.

41-2136. FILING OF RATES. Each insurer issuing disability insurance policies for delivery in this state shall, before use thereof, file with the director its premium rates and classification of risks pertaining to such policies. The insurer shall adhere to its rates and classifications as filed with the director. The insurer may change such filings from time to time as it deems proper. This section shall not apply to the premium rates or classifications of risks for policies subject to chapter 47 or 52, title 41, Idaho Code.
History:
[41-2136, added 1961, ch. 330, sec. 525, p. 645; am. 1995, ch. 360, sec. 1, p. 1236.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2137 - FRANCHISE DISABILITY INSURANCE LAW.

41-2137. FRANCHISE DISABILITY INSURANCE LAW. Disability insurance on a franchise plan is hereby declared to be that form of disability insurance issued to:
(1) Four (4) or more employees of any corporation, copartnership, or individual employer or any governmental corporation, agency or department thereof; or
(2) Ten (10) or more members, employees or employees of members of any trade or professional association or of a labor union or of any other association having had an active existence for at least two years where such association or union has a constitution or by-laws and is formed in good faith for purposes other than that of obtaining insurance; where such persons with or without their dependents, are issued the same form of an individual policy varying only as to amounts and kinds of coverage applied for by such persons under an arrangement whereby the premiums on such policies may be paid to the insurer periodically by the employer, with or without payroll deductions, or by the association or union for its members, or by some designated person acting on behalf of such employer or association or union. The term "employees" as used herein may be deemed to include the officers, managers and employees and retired employees of the employer and the individual proprietor or partnership.
History:
[41-2137, added 1961, ch. 330, sec. 526, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2138 - HEALTH INSURANCE — TEN-DAY FREE EXAMINATION.

41-2138. HEALTH INSURANCE — TEN-DAY FREE EXAMINATION. (1) Except as to nonrenewable accident policies and individual credit health insurance policies, every individual health insurance policy shall contain a provision therein or in a separate rider attached thereto when delivered, stating in substance that the person to whom the policy is issued shall be permitted to return the policy within ten (10) days of its delivery to such person and to have a refund of the premium paid if after examination of the policy the purchaser is not satisfied with it for any reason. The provision shall be set forth in the policy under appropriate caption, and if not so printed on the face page of the policy adequate notice of the provision shall be printed or stamped conspicuously on the face page.
(2) The policy may be so returned to the insurer at its home or branch office or to the agent through whom it was applied for, and thereupon shall be void as from the beginning and as if the policy had not been issued.
History:
[I.C., sec. 41-2138, as added by 1969, ch. 214, sec. 58, p. 625.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 21 - DISABILITY INSURANCE POLICIES › Section 41-2139 - REQUIRED PROVISIONS — COVERAGE OF DEPENDENT CHILD.

41-2139. REQUIRED PROVISIONS — COVERAGE OF DEPENDENT CHILD. There shall be a provision as follows: a policy delivered or issued for delivery in this state more than one hundred twenty (120) days after the effective date of this act under which coverage of a dependent of an insured terminates at a specified age shall, with respect to an unmarried child who is incapable of self-sustaining employment by reason of intellectual disability or physical disability and who became so incapable prior to attainment of the limiting age and who is chiefly dependent upon such insured for support and maintenance, not so terminate while the policy remains in force and the dependent remains in such condition, if the insured has within thirty-one (31) days of such dependent’s attainment of the limiting age submitted proof of such dependent’s incapacity as described herein. The insurer may require at reasonable intervals during the two (2) years following the child’s attainment of the limiting age subsequent proof of the child’s disability and dependency. After the two (2) year period, such subsequent proof may not be required more than once each year.
History:
[41-2139, added 1972, ch. 348, sec. 2, p. 1030; am. 2010, ch. 235, sec. 32, p. 568.]