reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3206 - QUALIFICATIONS FOR MEMBERSHIP.

41-3206. QUALIFICATIONS FOR MEMBERSHIP. (1) A society shall specify in its laws or rules:
(a) Eligibility standards for each and every class of membership, provided that if benefits are provided on the lives of children, the minimum age for adult membership shall be set at not less than age fifteen (15) years and not greater than age twenty-one (21) years;
(b) The process for admission to membership for each membership class; and
(c) The rights and privileges of each membership class, provided that only benefit members shall have the right to vote on the management of the insurance affairs of the society.
(2) A society may also admit social members who shall have no voice or vote in the management of the insurance affairs of the society.
(3) Membership rights in the society are personal to the member and are not assignable.
History:
[41-3206, added 1995, ch. 213, sec. 2, p. 725.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3207 - LOCATION OF OFFICE, MEETINGS, COMMUNICATIONS TO MEMBERS, GRIEVANCE PROCEDURES.

41-3207. LOCATION OF OFFICE, MEETINGS, COMMUNICATIONS TO MEMBERS, GRIEVANCE PROCEDURES. (1) The principal office of any domestic society shall be located in this state. The meetings of its supreme governing body may be held in any state, district, province or territory wherein such society has at least one (1) subordinate lodge, or in such other location as determined by the supreme governing body, and all business transacted at such meetings shall be as valid in all respects as if such meetings were held in this state. The minutes of the proceedings of the supreme governing body and of the board of directors shall be in the English language.
(2) (a) A society may provide in its laws for an official publication in which any notice, report, or statement required by law to be given to members, including notice of election, may be published. Such required reports, notices and statements shall be printed conspicuously in the publication. If the records of a society show that two (2) or more members have the same mailing address, an official publication mailed to one (1) member is deemed to be mailed to all members at the same address unless a member requests a separate copy.
(b) Not later than the first day of June of each year, a synopsis of the society’s annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed shall be printed and mailed to each benefit member of the society or, in lieu thereof, such synopsis may be published in the society’s official publication.
(3) A society may provide in its laws or rules for grievance or complaint procedures for members.
History:
[41-3207, added 1995, ch. 213, sec. 2, p. 725.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3209 - WAIVER.

41-3209. WAIVER. The laws of the society may provide that no subordinate body, nor any of its subordinate officers or members shall have the power or authority to waive any of the provisions of the laws of the society. Such provision shall be binding on the society and every member and beneficiary of a member.
History:
[41-3209, added 1995, ch. 213, sec. 2, p. 727.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3211 - AMENDMENTS TO LAWS.

41-3211. AMENDMENTS TO LAWS. (1) A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof or, if its laws so provide, by referendum. Such referendum may be held in accordance with the provisions of its laws by the vote of the voting members of the society, by the vote of delegates or representatives of voting members or by the vote of local lodges. A society may provide for voting by mail. No amendment submitted for adoption by referendum shall be adopted unless, within six (6) months from the date of submission thereof, a majority of the members voting shall have signified their consent to such amendment by one (1) of the methods herein specified.
(2) No amendment to the laws of any domestic society shall take effect unless approved by the director who shall approve such amendment if the director finds that it has been duly adopted and is not inconsistent with any requirement of the laws of this state or with the character, objects and purposes of the society. Unless the director shall disapprove any such amendment within sixty (60) days after the filing of same, such amendment shall be considered approved. The approval or disapproval of the director shall be forwarded in writing, and mailed to the secretary or corresponding officer of the society at its principal office. In case the director disapproves such amendment, the reasons therefor shall be stated in such written notice.
(3) Within ninety (90) days from the approval thereof by the director, all such amendments, or a synopsis thereof, shall be furnished to all members of the society either by mail or by publication in full in the official publication of the society. The affidavit of any officer of the society or of anyone authorized by it to mail any amendments or synopsis thereof, stating facts which show that same have been duly addressed and mailed, shall be prima facie evidence that such amendments or synopsis thereof, have been furnished the addressee.
(4) Every foreign or alien society authorized to do business in this state shall file with the director a duly certified copy of all amendments of, or additions to, its laws within ninety (90) days after the enactment of same.
(5) Printed copies of the laws as amended, certified by the secretary or corresponding officer of the society shall be prima facie evidence of the legal adoption thereof.
History:
[41-3211, added 1995, ch. 213, sec. 2, p. 729.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3212 - INSTITUTIONS.

41-3212. INSTITUTIONS. (1) A society may create, maintain and operate, or may establish organizations to operate, not for profit institutions to further the purposes permitted in section 41-3205(1)(b), Idaho Code. Such institutions may furnish services free or at a reasonable charge. Any real or personal property owned, held or leased by the society for this purpose shall be reported in every annual statement but shall not be allowed as an admitted asset of such society.
(2) No society shall own or operate funeral homes or undertaking establishments.
History:
[41-3212, added 1995, ch. 213, sec. 2, p. 729.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3213 - REINSURANCE.

41-3213. REINSURANCE. (1) A domestic society may, by a reinsurance agreement, cede any individual risk or risks in whole or in part to an insurer (other than another fraternal benefit society) having the power to make such reinsurance and authorized to do business in this state, or if not so authorized, one which is approved by the director, but no such society may reinsure substantially all of its insurance in force without the written permission of the director. It may take credit for the reserves on such ceded risks to the extent reinsured, but no credit shall be allowed as an admitted asset or as a deduction from liability, to a ceding society for reinsurance made, ceded, renewed, or otherwise becoming effective after the effective date of this act, unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding society under the contract or contracts reinsured without diminution because of the insolvency of the ceding society.
(2) Notwithstanding the limitation in subsection (1) of this section, a society may reinsure the risks of another society in a consolidation or merger approved by the director under section 41-3214, Idaho Code.
History:
[41-3213, added 1995, ch. 213, sec. 2, p. 730.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3215 - CONVERSION OF FRATERNAL BENEFIT SOCIETY INTO A MUTUAL LIFE INSURANCE COMPANY.

41-3215. CONVERSION OF FRATERNAL BENEFIT SOCIETY INTO A MUTUAL LIFE INSURANCE COMPANY. Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by compliance with all the applicable requirements of section 41-2820, Idaho Code (initial requirements — domestic mutuals). A plan of conversion shall be prepared in writing by the board of directors setting forth in full the terms and conditions of conversion. The affirmative vote of two-thirds (2/3) of all members of the supreme governing body at a regular or special meeting shall be necessary for the approval of such plan. No such conversion shall take effect unless and until approved by the director who may give such approval if the director finds that the proposed change is in conformity with the requirements of law and not prejudicial to the certificate holders of the society.
History:
[41-3215, added 1995, ch. 213, sec. 2, p. 731.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3216 - BENEFITS.

41-3216. BENEFITS. (1) A society may provide the following contractual benefits in any form:
(a) Death benefits;
(b) Endowment benefits;
(c) Annuity benefits;
(d) Temporary or permanent disability benefits;
(e) Hospital, medical or nursing benefits; and
(f) Monument or tombstone benefits to the memory of deceased members; and
(g) Such other benefits as authorized for life insurers and which are not inconsistent with this chapter.
(2) A society shall specify in its rules those persons who may be issued, or covered by, the contractual benefits in subsection (1) of this section, consistent with providing benefits to members and their dependents. A society may provide benefits on the lives of children under the minimum age for adult membership upon application of an adult person.
(3) Any new or renewing society contract relating to hospital, medical or nursing benefits delivered or issued for delivery in this state shall provide that an unmarried child under the age of twenty-five (25) years and who receives more than one-half (1/2) of his financial support from the parent shall be permitted to remain on the parent’s or parents’ contract. Further, any unmarried child of any age who is medically certified as disabled and financially dependent upon the parent is permitted to remain on the parent’s or parents’ contract.
History:
[41-3216, added 1995, ch. 213, sec. 2, p. 731; am. 2008, ch. 296, sec. 2, p. 827; am. 2009, ch. 125, sec. 3, p. 394.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3217 - BENEFICIARIES.

41-3217. BENEFICIARIES. (1) The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the beneficiary designation be irrevocable. A society may, through its laws or rules, limit the scope of beneficiary designations and shall provide that no revocable beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the benefit contract.
(2) A society may make provision for the payment of funeral benefits to the extent of such portion of any payment under a certificate as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned by the burial of the member, provided the portion so paid shall not exceed the sum of five hundred dollars ($500).
(3) If, at the death of any person insured under a benefit contract, there is no lawful beneficiary to whom the proceeds shall be payable, the amount of such benefit, except to the extent that funeral benefits may be paid as hereinbefore provided, shall be payable to the personal representative of the deceased insured, provided that if the owner of the certificate is other than the insured, such proceeds shall be payable to such owner.
History:
[41-3217, added 1995, ch. 213, sec. 2, p. 732.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3218 - BENEFITS NOT ATTACHABLE.

41-3218. BENEFITS NOT ATTACHABLE. No money or other benefit, charity, relief or aid to be paid, provided or rendered by any society, shall be liable to attachment, garnishment or other process, or to be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or liability of a member or beneficiary, or any other person who may have a right thereunder, either before or after payment by the society.
History:
[41-3218, added 1995, ch. 213, sec. 2, p. 732.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3220 - NONFORFEITURE BENEFITS, CASH SURRENDER VALUES, CERTIFICATE LOANS AND OTHER OPTIONS.

41-3220. NONFORFEITURE BENEFITS, CASH SURRENDER VALUES, CERTIFICATE LOANS AND OTHER OPTIONS. (1) For certificates issued prior to one (1) year after the effective date of this act, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall comply with the provisions of law applicable immediately prior to the effective date of this act.
(2) For certificates issued on or after one (1) year from the effective date of this act for which reserves are computed on the commissioner’s 1941 standard ordinary mortality table, the commissioner’s 1941 standard industrial table or the commissioner’s 1958 standard ordinary mortality table, or the commissioner’s 1980 standard mortality table, or any more recent table made applicable to life insurers, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall not be less than the corresponding amount ascertained in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits based upon such tables.
History:
[41-3220, added 1995, ch. 213, sec. 2, p. 734.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3221 - INVESTMENTS.

41-3221. INVESTMENTS. A society shall invest its funds only in such investments as are authorized by the laws of this state for the investment of assets of life insurers and subject to the limitations thereon. Any foreign or alien society permitted or seeking to do business in this state which invests its funds in accordance with the laws of the state, district, territory, country or province in which it is incorporated, shall be held to meet the requirements of this section for the investment of funds.
History:
[41-3221, added 1995, ch. 213, sec. 2, p. 734.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3222 - FUNDS.

41-3222. FUNDS. (1) All assets shall be held, invested and disbursed for the use and benefit of the society and no member or beneficiary shall have or acquire individual rights therein or become entitled to any apportionment on the surrender of any part thereof, except as provided in the benefit contract.
(2) A society may create, maintain, invest, disburse and apply any special fund or funds necessary to carry out any purpose permitted by the laws of such society.
(3) A society may, pursuant to resolution of its supreme governing body, establish and operate one (1) or more separate accounts and issue contracts on a variable basis, subject to the provisions of law regulating life insurers establishing such accounts and issuing such contracts. To the extent the society deems it necessary in order to comply with any applicable federal or state laws, or any rules issued thereunder, the society may adopt special procedures for the conduct of the business and affairs of a separate account, may, for persons having beneficial interests therein, provide special voting and other rights, including, without limitation, special rights and procedures relating to investment policy, investment advisory services, selection of certified public accountants, and selection of a committee to manage the business and affairs of the account, and may issue contracts on a variable basis to which subsections (2) and (4) of section 41-3219, Idaho Code, shall not apply.
History:
[41-3222, added 1995, ch. 213, sec. 2, p. 734.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3223 - TAXATION.

41-3223. TAXATION. Every society organized or licensed under this chapter is hereby declared to be a charitable and benevolent institution, and all of its funds shall be exempt from all and every state, county, district, municipal and school tax other than taxes on real estate and office equipment.
History:
[41-3223, added 1995, ch. 213, sec. 2, p. 735.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3224 - VALUATION.

41-3224. VALUATION. (1) Standards of valuation for certificates issued prior to one (1) year after the effective date of this act shall be those provided by the laws applicable immediately prior to the effective date of this act.
(2) The minimum standards of valuation for certificates issued on or after one (1) year from the effective date of this act shall be based on the following tables:
(a) For certificates of life insurance — the commissioner’s 1941 standard ordinary mortality table, the commissioner’s 1941 standard industrial mortality table, the commissioner’s 1958 standard ordinary mortality table, the commissioner’s 1980 standard ordinary mortality table or any more recent table made applicable to life insurers;
(b) For annuity and pure endowment certificates, for total and permanent disability benefits, for accidental death benefits and for noncancellable accident and health benefits — such tables as are authorized for use by life insurers in this state.
All of the above shall be under valuation methods and standards (including interest assumptions) in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits.
(3) The director may, in his discretion, accept other standards for valuation if the director finds that the reserves produced thereby will not be less in the aggregate than reserves computed in accordance with the minimum valuation standard herein prescribed. The director may, in his or her discretion, vary the standards of mortality applicable to all benefit contracts on substandard lives or other extra hazardous lives by any society authorized to do business in this state.
(4) Any society, with the consent of the director of insurance of the state of domicile of the society and under such conditions, if any, which the director may impose, may establish and maintain reserves on its certificates in excess of the reserves required thereunder, but the contractual rights of any benefit member shall not be affected thereby.
History:
[41-3224, added 1995, ch. 213, sec. 2, p. 735.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3225 - REPORTS.

41-3225. REPORTS. Reports shall be filed in accordance with the provisions of this section.
(1) Every society transacting business in this state shall annually, on or before the first day of March, unless for cause shown such time has been extended by the director, file with the director a true statement of its financial condition, transactions and affairs for the preceding calendar year and pay the fee specified in section 41-3235, Idaho Code, for filing same. The statement shall be in general form and context as approved by the national association of insurance commissioners for fraternal benefit societies and as supplemented by additional information required by the director.
(2) As part of the annual statement herein required, each society shall, on or before the first day of March, file with the director a valuation of its certificates in force on December 31 last preceding, provided the director may, in his discretion for cause shown, extend the time for filing such valuation for not more than two (2) calendar months. Such valuation shall be done in accordance with the standards specified in section 41-3224, Idaho Code. Such valuation and underlying data shall be certified by a qualified actuary or, at the expense of the society, verified by the actuary of the department of insurance of the state of domicile of the society.
(3) A society neglecting to file the annual statement in the form and within the time provided by this section may be subject to a fine of one hundred dollars ($100) for each day during which such neglect continues, and its authority to do business in this state may be suspended by the director while such default continues.
History:
[41-3225, added 1995, ch. 213, sec. 2, p. 735.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3226 - LICENSE.

41-3226. LICENSE. (1) No fraternal benefit society shall transact business in this state without a license therefor issued by the director. Such a license issued under this code shall continue in force for as long as the society is entitled thereto under this chapter and until suspended or revoked by the director, or terminated at the request of the society; subject, however, to continuance of the license by the society each year by:
(a) Payment prior to March 1 of the continuation fee provided in section 41-3235, Idaho Code, (fees); and
(b) Due filing by the society of its annual statement for the calendar year preceding as required under section 41-3225, Idaho Code.
(2) If not so continued by the society, its license shall expire at midnight on the March 31 next following such failure of the society to continue it in force. The director shall promptly notify the society of the occurrence of any failure resulting in impending expiration of its license.
(3) The director may, in his discretion, upon the society’s request made within three (3) months after expiration, reinstate a license which the society has inadvertently permitted to expire, after the society had fully cured all its failures which resulted in the expiration, and upon payment by the society of an additional fee for reinstatement specified in section 41-3235, Idaho Code (fees). Otherwise the society shall be granted another license only after filing application therefor and meeting all other requirements as for an original license.
(4) For each license the society shall pay the director the fee prescribed in section 41-3235, Idaho Code.
(5) A duly certified copy or duplicate of the license shall be prima facie evidence that the licensee is a fraternal benefit society within the meaning of this chapter.
History:
[41-3226, added 1995, ch. 213, sec. 2, p. 736.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3227 - EXAMINATION OF SOCIETIES — NO ADVERSE PUBLICATIONS.

41-3227. EXAMINATION OF SOCIETIES — NO ADVERSE PUBLICATIONS. (1) The director, or any person he may appoint, may examine any domestic, foreign or alien society transacting or applying for admission to transact business in this state in the same manner as authorized for examination of domestic, foreign or alien insurers. Requirements of notice and an opportunity to respond before findings are made public as provided in the laws regulating insurers shall also be applicable to the examination of societies.
(2) The expense of each examination and of each valuation, including compensation and actual expense of examiners, shall be paid by the society examined or whose certificates are valued, upon statements furnished by the director.
History:
[41-3227, added 1995, ch. 213, sec. 2, p. 737.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3228 - FOREIGN OR ALIEN SOCIETY — ADMISSION.

41-3228. FOREIGN OR ALIEN SOCIETY — ADMISSION. No foreign or alien society shall transact business in this state without a license issued by the director. Any such society desiring admission to this state shall comply substantially with the requirements and limitations of this chapter applicable to domestic societies. Any such society may be licensed to transact business in this state upon filing with the director:
(1) A duly certified copy of its chapters of incorporation;
(2) A copy of its bylaws, certified by its secretary or corresponding officer;
(3) A power of attorney to the director as prescribed in section 41-3234, Idaho Code;
(4) A statement of its business under oath of its president and secretary or corresponding officers in a form prescribed by the director, duly verified by an examination made by the supervising insurance official of its home state or other state, territory, province or country, satisfactory to the director;
(5) Certification from the proper official of its home state, territory, province or country that the society is legally incorporated and licensed to transact business therein;
(6) Copies of its certificate forms; and
(7) Such other information as the director may deem necessary;
and upon a showing that its assets are invested in accordance with the provisions of this chapter.
History:
[41-3228, added 1995, ch. 213, sec. 2, p. 737.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3230 - SUSPENSION, REVOCATION OR REFUSAL OF LICENSE OF FOREIGN OR ALIEN SOCIETY.

41-3230. SUSPENSION, REVOCATION OR REFUSAL OF LICENSE OF FOREIGN OR ALIEN SOCIETY. (1) When the director upon investigation finds that a foreign or alien society transacting or applying to transact business in this state:
(a) Has exceeded its powers;
(b) Has failed to comply with any of the provisions of this chapter;
(c) Is not fulfilling its contracts in good faith; or
(d) Is conducting its business fraudulently or in a manner hazardous to its members or creditors or the public;
the director shall notify the society of such deficiency or deficiencies and state in writing the reasons for his dissatisfaction. The director shall at once issue a written notice to the society requiring that the deficiency or deficiencies which exist are corrected. After such notice the society shall have a thirty (30) day period in which to comply with the director’s request for correction, and if the society fails to comply, the director shall notify the society of such findings of noncompliance and require the society to show cause on a date named why its license should not be suspended, revoked or refused. If on such date the society does not present good and sufficient reason why its authority to do business in this state should not be suspended, revoked or refused, the director may suspend or refuse the license of the society to do business in this state until satisfactory evidence is furnished to the director that such suspension or refusal should be withdrawn or the director may revoke the authority of the society to do business in this state.
(2) Nothing contained in this section shall be taken or construed as preventing any such society from continuing in good faith all contracts made in this state during the time such society was legally authorized to transact business herein.
History:
[41-3230, added 1995, ch. 213, sec. 2, p. 738.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3231 - INJUNCTION.

41-3231. INJUNCTION. No application or petition for injunction against any domestic, foreign or alien society, or lodge thereof, shall be recognized in any court of this state unless made by the attorney general upon request of the director.
History:
[41-3231, added 1995, ch. 213, sec. 2, p. 739.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3232 - LICENSING OF AGENTS.

41-3232. LICENSING OF AGENTS. Agents of societies shall be licensed in accordance with the provisions of chapter 10, title 41, Idaho Code. Except, that no such license shall be required as to members of societies which provide benefits in case of death or disability resulting solely from accident, and which do not obligate themselves to pay natural death or sick benefits, which members procure other members and receive no compensation therefor other than awards or merchandise nominal in value.
History:
[41-3232, added 1995, ch. 213, sec. 2, p. 739.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3233 - UNFAIR METHODS OF COMPETITION AND UNFAIR AND DECEPTIVE ACTS AND PRACTICES.

41-3233. UNFAIR METHODS OF COMPETITION AND UNFAIR AND DECEPTIVE ACTS AND PRACTICES. Every society authorized to do business in this state shall be subject to the provisions of chapter 13, title 41, Idaho Code, relating to trade practices and frauds; provided however, that nothing therein shall be construed as applying to or affecting the right of any society to determine its eligibility requirements for membership, or be construed as applying to or affecting the offering of benefits exclusively to members or persons eligible for membership in the society by a subsidiary corporation or affiliated organization of the society.
History:
[41-3233, added 1995, ch. 213, sec. 2, p. 739.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3234 - SERVICE OF PROCESS.

41-3234. SERVICE OF PROCESS. (1) Every society authorized to do business in this state shall appoint in writing the director and each successor in office to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served, and shall agree in such writing that any lawful process against it which is served on such attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state. Copies of such appointment, certified by the director, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted.
(2) Service shall only be made upon the director, or if absent, upon the person in charge of his office. It shall be made in duplicate and shall constitute sufficient service upon the society. When legal process against a society is served upon the director, he shall forthwith forward one (1) of the duplicate copies by registered mail, prepaid, directed to the secretary or corresponding officer. No such service shall require a society to file its answer, pleading or defense in less than thirty (30) days from the date of mailing the copy of the service to a society. Legal process shall not be served upon a society except in the manner herein provided.
(3) At the time of serving any process upon the director, the plaintiff or complainant in the action shall pay to the director the fee prescribed in section 41-3235, Idaho Code.
History:
[41-3234, added 1995, ch. 213, sec. 2, p. 739.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3235 - FEES.

41-3235. FEES. (1) The director shall collect in advance from fraternal benefit societies the licenses and fees, in addition to fees connected with the licenses of agents, as otherwise provided by rule.
(2) The director shall transmit and report all fees so collected by him as provided in section 41-406, Idaho Code.
History:
[41-3235, added 1995, ch. 213, sec. 2, p. 740.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3236 - PENALTIES.

41-3236. PENALTIES. (1) A person who shall knowingly or willfully make any false or fraudulent statement or representation in or relating to any application for membership or for the purpose of obtaining money from or a benefit in any society, shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or imprisoned in the county jail not less than thirty (30) days nor more than one (1) year, or both.
(2) Any person who willfully makes a false or fraudulent statement in any verified report or declaration under oath required or authorized in this chapter, or of any material fact or thing contained in a sworn statement concerning the death or disability of an insured for the purpose of procuring payment of a benefit named in the certificate, shall be guilty of perjury and shall be subject to the penalties therefor prescribed by law.
(3) Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state shall upon conviction, be subject to the penalties prescribed in section 41-117A, Idaho Code.
(4) Any person guilty of a willful violation of, or neglect or refusal to comply with, the provisions of this chapter for which a penalty is not otherwise prescribed, shall upon conviction, be subject to the penalty prescribed in section 41-117, Idaho Code.
History:
[41-3236, added 1995, ch. 213, sec. 2, p. 740.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3237 - EXEMPTION OF CERTAIN SOCIETIES.

41-3237. EXEMPTION OF CERTAIN SOCIETIES. (1) Nothing contained in this chapter shall be so construed as to affect or apply to:
(a) Grand or subordinate lodges of societies, orders or associations now doing business in this state which provide benefits exclusively through local or subordinate lodges;
(b) Orders, societies or associations which admit to membership only persons engaged in one (1) or more crafts or hazardous occupations, in the same or similar lines of business; and the ladies societies or ladies auxiliaries to such orders, societies or associations;
(c) Domestic societies which limit their membership to employees of a particular city, designated firm, business house or corporation which provide for a death benefit of not more than four hundred dollars ($400) or disability benefits of not more than three hundred fifty dollars ($350) to any person in any one (1) year, or both;
(d) Domestic societies or associations of a purely religious, charitable or benevolent description, which provide for a death benefit of not more than four hundred dollars ($400) or for disability benefits of not more than three hundred fifty dollars ($350) to any one (1) person in any one (1) year, or both.
(2) Any such society or association described in subparagraphs (1)(c) and (1)(d) of this section which provides for death or disability benefits for which benefit certificates are issued, and any such society or association included in subparagraph (1)(d) of this section which has more than one thousand (1,000) members, shall not be exempted from the provisions of this chapter but shall comply with all requirements thereof.
(3) No society which, by the provisions of this section, is exempt from the requirements of this chapter, except any society described in subparagraph (1)(b) of this section, shall give or allow, or promise to give or allow to any person any compensation for procuring new members.
(4) Every fraternal benefit society heretofore organized and incorporated and which provides exclusively for benefits in case of death or disability resulting solely from accident, and which does not obligate itself to pay natural death or sick benefits shall have all of the privileges and be subject to all the applicable provisions of this chapter except that the privileges thereof relating to medical examination, valuations of benefit certificates, and incontestability shall not apply to such society.
(5) The director may require from any society or association, by examination or otherwise, such information as will enable the director to determine whether such society or association is exempt from the provisions of this chapter.
(6) Societies exempted under the provisions of this section shall also be exempt from all other provisions of the insurance laws of this state.
History:
[41-3237, added 1995, ch. 213, sec. 2, p. 740.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3238 - REVIEW.

41-3238. REVIEW. All decisions and findings of the director made under the provisions of this chapter shall be subject to review by proper proceedings in any court of competent jurisdiction in this state.
History:
[41-3238, added 1995, ch. 213, sec. 2, p. 741.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 32 - FRATERNAL BENEFIT SOCIETIES › Section 41-3239 - OTHER PROVISIONS APPLICABLE.

41-3239. OTHER PROVISIONS APPLICABLE. (1) Except as herein provided, societies shall be governed by this chapter and shall be exempt from all other provisions of the insurance laws of this state, not only in governmental relations with this state, but for every other purpose, and no law hereafter enacted shall apply to them, unless expressly designated therein.
(2) The following chapters and provisions of this code shall also apply to fraternal benefit societies (who for the purpose shall be deemed also to be "insurers") to the extent so applicable and not inconsistent with the express provisions of this chapter and the reasonable implications of such express provisions:
(a) Chapter 1 (scope of code);
(b) Chapter 2 (the director of insurance);
(c) Section 41-308(2) (general eligibility for certificate of authority), and for the purpose the annual license of a fraternal benefit society is deemed to be its "certificate of authority";
(d) Sections 41-1201 (representing or aiding unauthorized insurer prohibited), 41-1202 (penalty), and 41-1203 (suits by unauthorized insurer prohibited);
(e) The following sections of chapter 18 (the insurance contract):
(i) Section 41-1828 (payment discharges insurer — payment to marital community);
(ii) Section 41-1829 (minor may give acquittance);
(iii) Section 41-1830 (life policy as separate property of married woman);
(iv) Section 41-1838 (venue of suits against insurers);
(v) Section 41-1839 (allowance of attorney fees in suits against insurers);
(f) Section 41-1934 (prohibited policy plans);
(g) Section 41-2837 (prohibited pecuniary interest of officials);
(h) Chapter 33 (rehabilitation and liquidation);
(i) Section 41-332 (foreign insurers exempt from corporation laws governing admission of foreign corporations);
(j) Section 41-2141 (coordination with social security benefits);
(k) Section 41-1927A (standard nonforfeiture law for individual deferred annuities);
(l) Chapter 46 (long-term care insurance); and
(m) Chapter 54 (risk-based capital).
History:
[41-3239, added 1995, ch. 213, sec. 2, p. 741; am. 2014, ch. 319, sec. 7, p. 791.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3301 - CONSTRUCTION AND PURPOSE.

41-3301. CONSTRUCTION AND PURPOSE. (1) This act shall be cited as the "Idaho Insurers Supervision, Rehabilitation, and Liquidation Act."
(2) This act shall not be interpreted to limit the powers granted the director by other provisions of the law.
(3) This act shall be liberally construed to effect the purpose stated in subsection (4) of this section.
(4) The purpose of this act is the protection of the interests of insureds, claimants, creditors, and the public generally, with minimum interference with the normal prerogatives of the owners and managers of insurers through:
(a) Early detection of any potentially dangerous condition in an insurer, and prompt application of appropriate corrective measures;
(b) Improved methods for rehabilitating insurers, involving the cooperation and management expertise of the insurance industry;
(c) Enhanced efficiency and economy of liquidation, through clarification of the law, to minimize legal uncertainty and litigation;
(d) Equitable apportionment of any unavoidable loss;
(e) Lessening the problems of interstate rehabilitation and liquidation by facilitating cooperation between states in the liquidation process, and by extending the scope of personal jurisdiction over debtors of the insurer outside this state; and
(f) Regulation of the insurance business by the impact of the law relating to delinquency procedures and substantive rules on the entire insurance business.
History:
[41-3301, added 1981, ch. 249, sec. 2, p. 503.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3302 - PERSONS COVERED.

41-3302. PERSONS COVERED. The proceedings authorized by this act may be applied to:
(1) All insurers who are doing, or have done, an insurance business in this state, and against whom claims arising from that business may exist now or in the future.
(2) All insurers who purport to do an insurance business in this state.
(3) All insurers who have insureds resident in this state.
(4) All other persons organized or in the process of organizing with the intent to do an insurance business in this state.
(5) All nonprofit service plans and all fraternal benefit societies and beneficial societies.
(6) All title insurance companies.
History:
[41-3302, added 1981, ch. 249, sec. 2, p. 504.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3304 - JURISDICTION AND VENUE.

41-3304. JURISDICTION AND VENUE. (1) No delinquency proceeding shall be commenced under this chapter by anyone other than the director of this state and no court shall have jurisdiction to entertain, hear or determine any proceeding commenced by any other person.
(2) No court of this state shall have jurisdiction to entertain, hear or determine any complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation or receivership of any insurer, or praying for an injunction or restraining order or other relief preliminary to, incidental to or relating to such proceedings other than in accordance with this chapter.
(3) In addition to other grounds for jurisdiction provided by the laws of this state, a court of this state having jurisdiction of the subject matter has jurisdiction over a person served pursuant to the Idaho rules of civil procedure or other applicable provisions of law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this state:
(a) If the person served is obligated to the insurer in any way as an incident to any agency or brokerage arrangement that may exist or has existed between the insurer and the agent or broker, in any action on or incident to the obligation; or
(b) If the person served is a reinsurer who has at any time written a policy of reinsurance for an insurer against which a rehabilitation or liquidation order is in effect when the action is commenced, or is an agent or broker of or for the reinsurer, in any action on or incident to the reinsurance contract; or
(c) If the person served is or has been an officer, manager, trustee, organizer, promoter, or person in a position of comparable authority or influence in an insurer, against which a rehabilitation or liquidation order is in effect when the action is commenced, in any action resulting from such a relationship with the insurer.
(4) If the court on motion of any party finds that any action should as a matter of substantial justice be tried in a forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this state.
(5) All actions herein authorized shall be brought in the district court for Ada county, state of Idaho.
History:
[41-3304, added 1981, ch. 249, sec. 2, p. 506.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3305 - INJUNCTIONS AND ORDERS.

41-3305. INJUNCTIONS AND ORDERS. (1) Any receiver appointed in a proceeding under this act, may at any time apply for and any court of general jurisdiction may grant, such restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent:
(a) The transaction of further business;
(b) The transfer of property;
(c) Interference with the receiver or with a proceeding under this act;
(d) Waste of the insurer’s assets;
(e) Dissipation and transfer of bank accounts;
(f) The institution or further prosecution of any actions or proceedings;
(g) The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets or its policyholders;
(h) The levying of execution against the insurer, its assets, or its policyholders;
(i) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer; or
(j) The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or
(k) Any other threatened or contemplated action that might lessen the value of the insurer’s assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of any proceeding under this act.
(2) The receiver may apply to any court outside of the state for the relief described in subsection (1) of this section.
History:
[41-3305, added 1981, ch. 249, sec. 2, p. 507.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3306 - COOPERATIONS OF OFFICERS, OWNERS, AND EMPLOYEES.

41-3306. COOPERATIONS OF OFFICERS, OWNERS, AND EMPLOYEES. (1) Any officer, manager, director, trustee, owner, employee, or agent of any insurer, or any other persons with authority over or in charge of any segment of the insurer’s affairs, shall cooperate with the director in any proceeding under this act or any investigation preliminary to the proceeding. The term "person," as used in this section, shall include any person who exercises control directly or indirectly over activities of an insurer through any holding company or other affiliate of the insurer. "To cooperate" shall include, but shall not be limited to, the following:
(a) To reply promptly in writing to any inquiry from the director requesting such a reply; and
(b) To make available to the director any books, accounts, documents, or other records or information or property of or pertaining to the insurer and in his possession, custody or control.
(2) No person shall obstruct or interfere with the director in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto.
(3) This section shall not be construed to abridge otherwise existing legal rights, including the right to resist a petition for liquidation or other delinquency proceedings, or other orders.
(4) Any person included within subsection (1) of this section who fails to cooperate with the director, or any person who obstructs or interferes with the director in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto, or who violates any order the director issued validly under this act may:
(a) Be sentenced to pay a fine not exceeding ten thousand dollars ($10,000) or to undergo imprisonment for a term of not more than one (1) year, or both; or
(b) After a hearing, be subject to the imposition by the director, of a civil penalty not to exceed ten thousand dollars ($10,000) and shall be subject further to the revocation or suspension of any insurance licenses issued by the director.
History:
[41-3306, added 1981, ch. 249, sec. 2, p. 508.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3307 - BONDS.

41-3307. BONDS. In any proceeding under this act, the director and his deputies shall be responsible on their official bonds for the faithful performance of their duties. If the court deems it desirable for the protection of the assets, it may at any time require an additional bond from the director or his deputies, and such bonds shall be paid for out of the assets of the insurer as a cost of administration.
History:
[41-3307, added 1981, ch. 249, sec. 2, p. 508.]