reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-297 - DISCLOSURE REQUIREMENTS.

41-297. DISCLOSURE REQUIREMENTS. (1) No person or agency shall intentionally or knowingly refuse to release any information requested pursuant to section 41-292(1) or (3), Idaho Code.
(2) No person shall intentionally or knowingly refuse to provide authorized agencies relevant information pursuant to section 41-292(2), Idaho Code.
(3) No person shall fail to hold in confidence information required to be held in confidence by section 41-296, Idaho Code.
(4) Whoever violates subsection (1), (2) or (3) of this section, is guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed one thousand dollars ($1,000). In addition to any criminal penalty, if the person is an insurance company or other person licensed by or regulated by the director of insurance, the director may, after hearing thereon, impose an administrative penalty on the violator not to exceed five thousand dollars ($5,000).
History:
[(41-297) 1982, ch. 120, sec. 19, p. 347; am. and redesig. 1994, ch. 219, sec. 9, p. 702.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-298 - JURISDICTION — CONSTRUCTION OF PROVISIONS.

41-298. JURISDICTION — CONSTRUCTION OF PROVISIONS. (1) The provisions of this chapter shall not be construed to affect or repeal any ordinance of any municipality relating to fire prevention or the control of arson or fraud, but the jurisdiction of the state fire marshal, the director, department of insurance, and the director, Idaho state police, in such municipality is to be concurrent with that of the municipal and county authorities.
(2) With the exception of section 41-291(7), Idaho Code, all other provisions of this chapter shall not be construed to impair any existing statutory or common law rights or powers.
History:
[(41-298) 1982, ch. 120, sec. 19, p. 347; am. and redesig. 1994, ch. 219, sec. 10, p. 702; am. 2000, ch. 469, sec. 105, p. 1558.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-301 - “STOCK” INSURER DEFINED.

41-301. "STOCK" INSURER DEFINED. For the purposes of this code a "stock" insurer is an incorporated insurer with its capital divided into shares and owned by its stockholders.
History:
[41-301, added 1961, ch. 330, sec. 64, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-302 - “MUTUAL” INSURER DEFINED.

41-302. "MUTUAL" INSURER DEFINED. A "mutual" insurer is an incorporated insurer without capital stock and the governing body of which is elected by its policy holders. This definition shall not be deemed to exclude as "mutual" insurers certain foreign insurers found by the director to be organized on the mutual plan under the laws of their states of domicile, but having temporary share capital or providing for election of the insurer’s governing body on a reasonable basis by policy holders and others.
History:
[41-302, added 1961, ch. 330, sec. 65, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-302A - “DEPOSIT GUARANTEE” CORPORATION DEFINED.

41-302A. "DEPOSIT GUARANTEE" CORPORATION DEFINED. A deposit guarantee corporation is an incorporated insurer without capital stock, the members of which are policy holders and the governing body of which is elected by its members.
History:
[41-302A, added 1983, ch. 177, sec. 1, p. 484.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-303 - “RECIPROCAL” INSURER DEFINED.

41-303. "RECIPROCAL" INSURER DEFINED. A "reciprocal" insurer is as defined in section 41-2902.
History:
[41-303, added 1961, ch. 330, sec. 66, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-304 - “CHARTER” DEFINED.

41-304. "CHARTER" DEFINED. "Charter" means articles of incorporation, articles of agreement, articles of association or other basic constituent document of a corporation, or the power of attorney of a reciprocal insurer.
History:
[41-304, added 1961, ch. 330, sec. 67, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-305 - CERTIFICATE OF AUTHORITY REQUIRED.

41-305. CERTIFICATE OF AUTHORITY REQUIRED. (1) No person shall act as an insurer and no insurer or its agents, attorneys, subscribers, or representatives shall directly or indirectly transact insurance in this state except as authorized by a subsisting certificate of authority issued to the insurer by the director, except as to such transactions as are expressly otherwise provided for in this code.
(2) No insurer shall from offices or by personnel or facilities located in this state solicit insurance applications or otherwise transact insurance in another state or country unless it holds a subsisting certificate of authority issued to it by the director authorizing it to transact the same kind or kinds of insurance in this state.
History:
[41-305, added 1961, ch. 330, sec. 69, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-306 - EXCEPTIONS TO CERTIFICATE OF AUTHORITY REQUIREMENT.

41-306. EXCEPTIONS TO CERTIFICATE OF AUTHORITY REQUIREMENT. A certificate of authority and application therefor pursuant to section 41-319, Idaho Code, shall not be required of an insurer with respect to the following:
(1) Investigation, settlement, or litigation of claims under its policies lawfully written in this state, or liquidation of assets and liabilities of the insurer (other than collection of new premiums), all as resulting from its former authorized operations in this state.
(2) Transactions thereunder subsequent to issuance of a policy covering only subjects of insurance not resident, located or expressly to be performed in this state at time of issuance, and lawfully solicited, written and delivered outside this state.
(3) Transactions pursuant to surplus lines coverages lawfully written under chapter 12, title 41, Idaho Code.
(4) Reinsurance, when transacted by an insurer duly authorized by its state of domicile to transact the kind of insurance involved.
(5) The continuation and servicing of life insurance or disability insurance policies or annuity contracts remaining in force as to residents of this state if the insurer has withdrawn from the state and is not transacting new insurance therein.
(6) A foreign insurer licensed and authorized to sell individual or group accident and sickness insurance in another state as defined pursuant to section 41-306A, Idaho Code, and the insurer obtains a certificate of authority pursuant to that section.
History:
[41-306, added 1961, ch. 330, sec. 69, p. 645; am. 2018, ch. 166, sec. 1, p. 339.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-307 - AUTHORIZATION FOR INVESTMENT PURPOSES ONLY.

41-307. AUTHORIZATION FOR INVESTMENT PURPOSES ONLY. A foreign insurer may make investments in this state without certificate of authority as provided by section 30-21-502, Idaho Code. Such an insurer shall not be subject to any other provision of this code.
History:
[41-307, added 1961, ch. 330, sec. 70, p. 645; am. 1980, ch. 197, sec. 27, p. 453; am. 1999, ch. 65, sec. 2, p. 169; am. 2017, ch. 58, sec. 20, p. 116.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-308 - GENERAL ELIGIBILITY FOR CERTIFICATE OF AUTHORITY.

41-308. GENERAL ELIGIBILITY FOR CERTIFICATE OF AUTHORITY. To qualify for and hold authority to transact insurance in this state an insurer must be otherwise in compliance with this code and with its charter powers, and must be an incorporated stock insurer, or an incorporated mutual insurer, or a reciprocal insurer, of the same general type as may be formed as a domestic insurer under this code; except that:
(1) No insurer shall be authorized to transact insurance in this state which does not maintain reserves as required by chapter 6 (assets and liabilities) of this code applicable to the kind or kinds of insurance transacted by such insurer, wherever transacted in the United States.
(2) Before granting authority to an insurer to transact insurance in this state, the director shall take into consideration the length of time the insurer has been transacting insurance; the net profit or loss experienced over the previous five (5) years; or any other factor which for good reason he believes could make the admittance of the insurer not in the best interest of the insurance-buying public.
(3) The director shall not grant or continue authority to transact insurance in this state as to any insurer the management of which is found by him to be untrustworthy, or so lacking in insurance experience as to make the proposed operation hazardous to the insurance-buying public; or which he has good reason to believe is affiliated directly or indirectly through ownership, control, reinsurance transactions or other insurance or business relations, with any person or persons whose business operations are or have been marked, to the detriment of policyholders or stockholders or investors or creditors or of the public, by manipulation or dissipation of assets, or manipulation of accounts, or of reinsurance, or by similar injurious actions.
History:
[41-308, added 1961, ch. 330, sec. 71, p. 645; am. 1986, ch. 42, sec. 1, p. 126; am. 2006, ch. 49, sec. 2, p. 142.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-309 - GOVERNMENT-OWNED INSURERS NOT TO BE AUTHORIZED.

41-309. GOVERNMENT-OWNED INSURERS NOT TO BE AUTHORIZED. No insurer the voting control or ownership of which is held in whole or substantial part by any government or governmental agency, or which is operated for or by any such government or agency, other than the Idaho state insurance fund, shall be authorized to transact insurance in this state. Membership in a mutual insurer, or subscribership in a reciprocal insurer, or ownership of stock of an insurer by the alien property custodian or similar official of the United States, or supervision of an insurer by public insurance supervisory authority shall not be deemed to be an ownership, control, or operation of the insurer for the purposes of this section.
History:
[41-309, added 1961, ch. 330, sec. 72, p. 645; am. 1998, ch. 428, sec. 10, p. 1359; am. 2003, ch. 377, sec. 2, p. 1009; repeal and new section added 2003, ch. 377, secs. 3 & 4, p. 1010.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-310 - PAYMENT OF BACK TAXES.

41-310. PAYMENT OF BACK TAXES. (1) In addition to other applicable requirements therefor, no insurer formerly an authorized insurer in this state and again seeking admission to this state as an authorized insurer shall be so authorized unless the insurer, as part of its application for such authority, includes a written statement duly sworn to by at least two (2) of its executive officers of all premiums received by the insurer with respect to insurance on subjects of insurance resident, located, or to be performed in this state, subsequent to its previous withdrawal for any cause from this state, and pays to the state premium tax thereon at the same rate and in the same amount as the insurer would have paid on such premiums had it continued to be an authorized insurer in this state during the period interim its withdrawal and its re-application for authority.
(2) Any insurer not theretofore authorized in this state which, within three (3) years prior to its application for authority to transact insurance in Idaho has transacted insurance in this state in violation of the laws of Idaho, shall not be granted such authority unless it is otherwise fully qualified therefor, files with the director a written statement sworn to by two (2) of its executive officers of all premiums received by it during such three (3) years with respect to insurance on subjects resident, located or to be performed in Idaho, and pays to the director as an additional fee for the filing of its application for certificate of authority, an amount of money equal to the premium tax which it would have paid to this state with respect to such premiums if it had been an authorized insurer in this state throughout such period.
History:
[41-310, added 1961, ch. 330, sec. 73, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-311 - NAME OF INSURER.

41-311. NAME OF INSURER. (1) No insurer shall be formed, authorized or otherwise allowed to transact insurance in this state which has or uses a name or principal identifying name factor which is the same as or deceptively similar to that of another insurer earlier authorized or allowed to transact insurance in this state.
(2) No life insurer shall be authorized or otherwise allowed to transact insurance in this state which has or uses a name deceptively similar to that of another insurer authorized or otherwise allowed to transact insurance in this state within the preceding ten (10) years if life insurance policies originally issued by such other insurer are still outstanding in this state.
(3) No insurer shall hereafter be formed, newly authorized or otherwise allowed to transact insurance in this state which has or uses a name the same as or deceptively similar to the name of any foreign insurer doing business elsewhere than in this state if such foreign insurer has within the last preceding twelve (12) months signified its intention to secure incorporation in this state under such name, or do business as a foreign insurer in this state under such name by filing notice of such intention with the director, unless the written consent to the use of such name or deceptively similar name has been given by such foreign insurer.
(4) No insurer shall be authorized or otherwise allowed to transact insurance in this state which has or uses a name which tends to deceive or mislead as to the type of organization of the insurer.
(5) In case of conflict of names hereafter between two (2) insurers, or a conflict otherwise prohibited under this section, the director may permit, or shall require as a condition to the issuance of an original certificate of authority or other approval to transact insurance in this state to an applicant insurer, the insurer to use in this state such supplementation or modification of its name or such business name as may reasonably be necessary to avoid the conflict. No such name, supplementation or modification shall contain the principal identifying factor of the name of any other insurer already authorized or otherwise allowed to transact insurance in this state.
History:
[41-311, added 1961, ch. 330, sec. 74, p. 645; am. 2004, ch. 91, sec. 1, p. 331.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-312 - COMBINATIONS OF INSURING POWERS — ONE INSURER.

41-312. COMBINATIONS OF INSURING POWERS — ONE INSURER. An insurer which otherwise qualifies therefor may be authorized to transact any one (1) kind or combination of kinds of insurance as defined in chapter 5 of this code, except:
(1) A life insurer may grant annuities and may be authorized to transact in addition only disability insurance; except, that the commissioner shall, if the insurer otherwise qualifies therefor, continue so to authorize any life insurer which immediately prior to the effective date of this code was lawfully authorized to transact in this state a kind or kinds of insurance in addition to life, and disability, insurances and annuity business.
(2) A reciprocal insurer shall not transact life insurance.
(3) A title insurer shall be a stock insurer, and shall not transact any other kind of insurance. This provision shall not prohibit the ceding of reinsurance by a title insurer to insurers other than mutual or reciprocal insurers.
History:
[41-312, added 1961, ch. 330, sec. 75, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-313 - CAPITAL FUNDS REQUIRED — FOREIGN INSURERS AND NEW DOMESTIC INSURERS.

41-313. CAPITAL FUNDS REQUIRED — FOREIGN INSURERS AND NEW DOMESTIC INSURERS. (1) To qualify for and maintain authority to transact any one (1) kind of insurance (as defined in chapter 5) or combination of kinds of insurance as shown below, a foreign insurer, or a domestic insurer shall possess and thereafter maintain unimpaired paid-up capital stock (if a stock insurer) or unimpaired basic surplus (if a mutual insurer or reciprocal insurer), and shall possess and thereafter maintain additional funds in surplus as follows:
Kind or kinds of insurance
Paid-up capital stock or basic surplus
Additional
surplus
Life
$1,000,000
$1,000,000
Disability
1,000,000
1,000,000
Life and disability
1,000,000
1,000,000
Property
1,000,000
1,000,000
General casualty
1,000,000
1,000,000
Marine and transportation
1,000,000
1,000,000
Vehicle
1,000,000
1,000,000
Surety
1,000,000
1,000,000
Any two of the following
kinds of insurance:
Property, marine and
transportation, general
casualty, vehicle,
surety, disability
1,000,000
1,000,000
Title
500,000
500,000
Multiple lines (all insurance
except life and
title insurance)
1,000,000
1,000,000
Mortgage guaranty insurance
1,500,000
1,500,000
(2) An insurer holding a valid certificate of authority to transact insurance in this state shall comply with the paid-up capital stock or basic surplus and additional surplus requirements set forth in subsection (1) of this section. The director shall not grant such an insurer authority to transact any other or additional kinds of insurance unless it then fully complies with the requirements as to paid-up capital stock and additional surplus (if a stock insurer) or basic surplus and additional surplus (if a mutual or foreign reciprocal insurer) as applied to all the kinds of insurance which it then proposes to transact.
(3) Capital and surplus requirements are based upon all the kinds of insurance transacted by the insurer in any and all areas in which it operates or proposes to operate, whether or not only a portion of such kinds are to be transacted in this state.
(4) An insurance company holding a valid certificate of authority to transact insurance in this state immediately prior to January 1, 1995, shall have a period of three (3) years from and after that date within which to comply with the increase in capital and surplus requirements.
History:
[41-313, added 1961, ch. 330, sec. 76, p. 645; am. 1969, ch. 214, sec. 6, p. 625; am. 1986, ch. 57, sec. 1, p. 164; am. 1993, ch. 279, sec. 3, p. 946; am. 1994, ch. 240, sec. 1, p. 752; am. 1995, ch. 96, sec. 1, p. 273.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-313A - DOMESTIC RECIPROCAL INSURERS WITH FEWER THAN SEVEN SUBSCRIBERS.

41-313A. DOMESTIC RECIPROCAL INSURERS WITH FEWER THAN SEVEN SUBSCRIBERS. Domestic reciprocal insurers with fewer than seven (7) subscribers which insure only worker’s compensation risks and which only issue fully assessable policies are required, in lieu of the paid-up capital stock or basic surplus and additional surplus requirements of section 41-313, Idaho Code, to meet the security for payment of compensation standards set forth in section 72-301, Idaho Code; provided however, the securities required pursuant to this section shall be deposited with the director of the department of insurance as opposed to the industrial commission; provided further, all other rules, regulations or statutory requirements applicable to domestic reciprocal insurers administered by the director of the department of insurance remain applicable to reciprocal insurers meeting the requirements of this section.
History:
[41-313A, added 1993, ch. 279, sec. 5, p. 948.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-315 - PERMISSIBLE INSURING COMBINATIONS WITHOUT ADDITIONAL CAPITAL FUNDS.

41-315. PERMISSIBLE INSURING COMBINATIONS WITHOUT ADDITIONAL CAPITAL FUNDS. (1) A life insurer may also grant annuities without additional capital or additional surplus.
(2) A disability insurer may also issue insurance against congenital defects, as defined in section 41-506(1) (l), without additional capital or additional surplus.
(3) A casualty insurer may be authorized to transact also disability insurance without additional capital or additional surplus.
(4) A property insurer may without additional capital or additional surplus include such amount and kind of insurance against legal liability or injury, damage, or loss to the person or property of others, and for medical, hospital, and surgical expense related to such injury, as the director deems to be reasonably incidental to insurance of real property against fire and other perils under policies covering farm properties, or residential properties designated for occupancy by not more than four (4) families, with or without incidental office, professional, private school or studio occupancy by an insured whether or not the premium or rate charged for certain perils so covered is specified in the policy. Any provision of section 41-509 (limit of risk) to the contrary notwithstanding, no insurer authorized as to property insurance only shall pursuant to this subsection retain risk as to any one (1) subject of insurance as to hazards other than property insurance hazards, in an amount exceeding five per cent (5%) of its surplus to policyholders.
History:
[41-315, added 1961, ch. 330, sec. 78, p. 645; am. 1969, ch. 214, sec. 7, p. 625.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-316A - DEPOSIT — GENERAL REQUIREMENT — DOMESTIC INSURERS.

41-316A. DEPOSIT — GENERAL REQUIREMENT — DOMESTIC INSURERS. This section shall apply to all domestic insurers.
(1) The director shall not authorize the formation of a new domestic insurer or the redomestication to this state of an insurer unless it makes and thereafter maintains in trust in this state through the director for the protection of all its policyholders and creditors, a deposit of cash or securities eligible for deposit under section 41-803, Idaho Code, in an amount of the minimum capital for a stock insurer and basic surplus of a mutual or reciprocal insurer, as required in sections 41-313 and 41-2652, Idaho Code.
(2) A domestic insurer holding a valid certificate of authority to transact insurance in this state immediately prior to January 1, 1994, shall have a period of three (3) years from and after that date within which to comply with any increase in deposit requirements.
History:
[41-316A, added 1994, ch. 240, sec. 3, p. 754.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-318 - COOPERATION WITH THE DEPARTMENT OF HEALTH AND WELFARE.

41-318. COOPERATION WITH THE DEPARTMENT OF HEALTH AND WELFARE. (1) A health insurer that provides disability insurance as defined in section 41-503, Idaho Code, including self-insured plans, group health plans as defined in section 607(1) of the employee retirement income security act of 1974, service benefit plans, managed care organizations, pharmacy benefit managers or other parties that are by statute, contract or agreement legally responsible for payment of a claim for a health care item or service with respect to medical assistance programs under chapter 2, title 56, Idaho Code, shall, as a condition of doing business in the state of Idaho, cooperate with the Idaho department of health and welfare by doing the following:
(a) Provide, with respect to an individual who is eligible for or who is or has been provided medical assistance under chapter 2, title 56, Idaho Code, within sixty (60) days of a request of the department, information to determine the period the individual or the individual’s spouse or dependents are, or have been, covered by the insurer and the nature of that coverage. The information shall include the name and address of the insurer and the identifying number of the health care insurance plan. The format of the information provided shall include the data elements, medium and frequency of reporting, any costs of the insurer to be reimbursed and procedures that will be followed when a data match is found;
(b) Accept the department’s right of recovery on behalf of the state of Idaho, and the assignment to the department of any right of an individual or other entity to payment from the party for an item or service for which payment has been made under chapter 2, title 56, Idaho Code;
(c) Respond to any inquiry by the department regarding a claim for payment for any health care item or service submitted not later than three (3) years after the date of the provision of the health care item or service; and
(d) Agree not to deny a claim submitted by the department solely on the basis of the date of submission of the claim, the type or format of the claim form, or a failure to present proper documentation at the point-of-sale that is the basis of the claim, if:
(i) The claim is submitted by the department within the three (3) year period beginning on the date on which the item or service was furnished; and
(ii) Any action by the department to enforce its rights with respect to the claim is commenced within six (6) years after the department’s submission of the claim.
(2) Failure to cooperate with the department as set forth in subsection (1) of this section shall subject the insurer to suspension or revocation of its certificate of authority pursuant to section 41-326, Idaho Code.
History:
[41-318, added 2008, ch. 147, sec. 1, p. 432.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-320 - CONSIDERATION OF APPLICATION.

41-320. CONSIDERATION OF APPLICATION. An application for a certificate of authority shall be examined by the director, and if he finds the application to be complete and that the documents included therewith are otherwise in proper order, he shall forward the applicant insurer’s articles of incorporation and by-laws, if any, or copy of the power of attorney if a reciprocal insurer, and the insurer’s appointment of the director as process agent to the attorney general for examination. The attorney general shall examine the documents, and if found by him to be in accordance with the requirements of this code and not inconsistent with the constitution of this state he shall so certify in an opinion to the director.
History:
[41-320, added 1961, ch. 330, sec. 83, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-322 - ISSUANCE OR REFUSAL OF CERTIFICATE OF AUTHORITY.

41-322. ISSUANCE OR REFUSAL OF CERTIFICATE OF AUTHORITY. (1) If upon completion of its application the director finds, from the application, the attorney general’s opinion referred to in section 41-320, and such other investigation and information as he may make or acquire, that the insurer is fully qualified for and entitled thereto under this code, he shall issue to the insurer a proper certificate of authority; if he does not so find, the director shall issue his order refusing such authority.
(2) The director and attorney general shall take all necessary action therefor as specified in section 41-320 and this section, and shall either issue or refuse to issue a certificate of authority within a reasonable time after the completion of the application for such authority.
(3) The certificate of authority, if issued, shall specify the kind or kinds of insurance the insurer is authorized to transact in this state. At the insurer’s request, the director may issue authority limited to particular types of insurance or insurance coverages within the scope of a kind of insurance as defined in chapter 5 of this code.
History:
[41-322, added 1961, ch. 330, sec. 85, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-322A - CERTIFICATES OF AUTHORITY FOR DEPOSIT GUARANTEE CORPORATIONS.

41-322A. CERTIFICATES OF AUTHORITY FOR DEPOSIT GUARANTEE CORPORATIONS. Upon the application of a deposit guarantee corporation, the director may issue a certificate of authority to a corporation authorized to issue share and deposit insurance contracts upon such terms and conditions as the director may prescribe by rule or regulation promulgated in accordance with section 41-211, Idaho Code, and chapter 52, title 67, Idaho Code.
History:
[41-322A, added 1983, ch. 177, sec. 2, p. 485.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-323 - WHAT CERTIFICATE EVIDENCES — OWNERSHIP OF CERTIFICATE.

41-323. WHAT CERTIFICATE EVIDENCES — OWNERSHIP OF CERTIFICATE. (1) An insurer’s subsisting certificate of authority is evidence of its authority to transact in this state the kind or kinds of insurance specified therein, either as direct insurer or as reinsurer or as both.
(2) Although issued to the insurer the certificate of authority is at all times the property of the state of Idaho. Upon any expiration, suspension, or termination thereof the insurer shall promptly deliver the certificate of authority to the director.
History:
[41-323, added 1961, ch. 330, sec. 86, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-324 - CONTINUANCE, EXPIRATION, OR REINSTATEMENT OF CERTIFICATE OF AUTHORITY.

41-324. CONTINUANCE, EXPIRATION, OR REINSTATEMENT OF CERTIFICATE OF AUTHORITY. (1) A certificate of authority shall continue in force as long as the insurer is entitled thereto under this code and until suspended or revoked by the director, or terminated at the request of the insurer; subject, however, to continuance of the certificate by the insurer each year by:
(a) Payment prior to March 1 of the continuation fee as required by regulation of the department of insurance; and
(b) Due filing by the insurer of its annual statement for the calendar year preceding as required under section 41-335, Idaho Code; and
(c) Payment by the insurer of premium taxes with respect to the preceding calendar year as required by sections 41-402 and 41-403, Idaho Code.
(2) If not so continued by the insurer, its certificate of authority shall expire as at midnight on the March 31 next following such failure of the insurer to continue it in force. The director shall promptly notify the insurer of the occurrence of any failure resulting in impending expiration of its certificate of authority.
(3) The director may, in his discretion, upon the insurer’s request made within three (3) months after expiration, reinstate a certificate of authority which the insurer has inadvertently permitted to expire, after the insurer has fully cured all its failures which resulted in the expiration, and upon payment by the insurer of the fee for reinstatement specified in section 41-401, Idaho Code (fee schedule). Otherwise the insurer shall be granted another certificate of authority only after filing application therefor and meeting all other requirements as for an original certificate of authority in this state.
History:
[41-324, added 1961, ch. 330, sec. 87, p. 645; am. 1991, ch. 277, sec. 3, p. 719.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-325 - AMENDMENT OF CERTIFICATE OF AUTHORITY.

41-325. AMENDMENT OF CERTIFICATE OF AUTHORITY. The director may at any time amend an insurer’s certificate of authority to accord with changes in the insurer’s charter or insuring powers.
History:
[41-325, added 1961, ch. 330, sec. 88, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-326 - SUSPENSION OR REVOCATION OF CERTIFICATE OF AUTHORITY — MANDATORY GROUNDS.

41-326. SUSPENSION OR REVOCATION OF CERTIFICATE OF AUTHORITY — MANDATORY GROUNDS. (1) The director shall refuse to continue, or shall suspend or revoke, an insurer’s certificate of authority:
(a) If such action is required by any provision of this code; or
(b) If a foreign insurer, it no longer meets the requirements for the authority, on account of deficiency of assets or otherwise; or if a domestic insurer, it has failed to cure an impairment of capital or surplus within the time allowed therefor by the director under this code; or
(c) If the insurer knowingly exceeds its charter powers or powers granted under its certificate of authority; or
(d) If the insurer’s certificate of authority to transact insurance therein is suspended or revoked by its state of domicile, or state of entry into the United States if an alien insurer.
(2) Except in cases of insolvency or impairment of required capital or surplus, or suspension or revocation by another state as referred to in subdivision (d) above, the director shall so refuse, suspend, or revoke the certificate of authority only after a hearing granted to the insurer thereon, unless the insurer waives such hearing in writing.
History:
[41-326, added 1961, ch. 330, sec. 89, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-328 - ORDER AND NOTICE OF SUSPENSION, REVOCATION OR REFUSAL — EFFECT UPON AGENTS’ AUTHORITY.

41-328. ORDER AND NOTICE OF SUSPENSION, REVOCATION OR REFUSAL — EFFECT UPON AGENTS’ AUTHORITY. (1) All suspensions or revocations of, or refusals to continue, an insurer’s certificate of authority shall be by the director’s order given to the insurer as provided by section 41-212.
(2) Upon suspending or revoking or refusing to continue the insurer’s certificate of authority the director shall forthwith give notice thereof to the insurer’s agents in this state of record in the department, and shall likewise suspend or revoke the authority of such agents to represent the insurer.
(3) In his discretion the director may likewise publish notice of such suspension, revocation or refusal in one or more newspapers of general circulation in this state.
History:
[41-328, added 1961, ch. 330, sec. 91, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-329 - DURATION OF SUSPENSION — INSURER’S OBLIGATIONS DURING SUSPENSION PERIOD — REINSTATEMENT.

41-329. DURATION OF SUSPENSION — INSURER’S OBLIGATIONS DURING SUSPENSION PERIOD — REINSTATEMENT. (1) Suspension of an insurer’s certificate of authority shall be for such period as the director specifies in the order of suspension, but not to exceed one (1) year. During the suspension the director may rescind or shorten the suspension by his further order.
(2) During the suspension period the insurer shall not solicit or write any new business in this state, but shall file its annual statement, pay fees, licenses, and taxes as required under this code, and may service its business already in force in this state, as if the certificate of authority had continued in full force.
(3) Upon expiration of the suspension period, if within such period the certificate of authority has not terminated, the insurer’s certificate of authority shall automatically reinstate unless the director finds that the causes of the suspension have not terminated, or that the insurer is otherwise not in compliance with the requirements of this code, and of which the director shall give the insurer notice not less than thirty (30) days in advance of the expiration of the suspension period after which time the director may issue a new order of suspension. If not reinstated or if a new order of suspension is not issued, the certificate of authority shall be deemed to have terminated as of the end of the suspension period.
(4) Upon reinstatement of the insurer’s certificate of authority, the authority of its agents in this state to represent the insurer shall likewise reinstate. The director shall promptly notify the insurer and its agents in this state of record in the department, of such reinstatement. If pursuant to section 41-328(3), Idaho Code, the director has published notice of such suspension he shall in like manner publish notice of the reinstatement.
History:
[41-329, added 1961, ch. 330, sec. 92, p. 645; am. 2004, ch. 88, sec. 1, p. 323.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-330 - IMPAIRED INSURERS — NOTICE TO AGENTS — PENALTY.

41-330. IMPAIRED INSURERS — NOTICE TO AGENTS — PENALTY. (1) Upon suspension, revocation or refusal to continue the certificate of authority of an insurer on account of deficiency of assets (if a foreign insurer) or failure to cure an impairment of the capital stock (if a stock insurer) or surplus (if a mutual or reciprocal) of a domestic insurer, as provided under section 41-326(1)(b), every officer and director of the insurer must, either separately or jointly with one or more of the others and within four (4) days after notice of such suspension, revocation or refusal was given to the insurer by the director, notify by any available means every person authorized by the insurer, as of immediately prior to such suspension, revocation or refusal, to write business for the insurer in Idaho, immediately to cease such writing; and each such person so notified shall immediately cease to write any further business for the insurer in Idaho.
(2) Each individual made responsible for such notification under the foregoing subsection, who fails so to notify, and every person so authorized who, after being so notified or otherwise being informed as to such impairment or suspension, revocation, or refusal, solicits or writes further business for the insurer, is guilty of a felony and upon conviction shall be punished by a fine of not exceeding ten thousand dollars ($10,000) or by imprisonment in the Idaho state penitentiary for a term of not exceeding ten (10) years, or by both such fine and imprisonment.
(3) This section does not apply to any person or persons, whomsoever, who has been appointed as and is acting as rehabilitator or receiver of the insurer in judicial proceedings in a court of the United States or of the state of Idaho.
History:
[41-330, added 1961, ch. 330, sec. 93, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-331 - IMPAIRED INSURERS — LIABILITY OF OFFICERS.

41-331. IMPAIRED INSURERS — LIABILITY OF OFFICERS. The president and each director of a stock insurer who, after knowing that the insurer’s capital is impaired, permits or assents in the writing of new business by the insurer in this state during the existence of such impairment, shall, together with their respective estates, be severally and jointly liable for the amount of any loss or losses which may be incurred by the insured under any such new insurance.
History:
[41-331, added 1961, ch. 330, sec. 94, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-332 - FOREIGN INSURERS EXEMPT FROM CORPORATION LAWS GOVERNING ADMISSION OF FOREIGN CORPORATIONS.

41-332. FOREIGN INSURERS EXEMPT FROM CORPORATION LAWS GOVERNING ADMISSION OF FOREIGN CORPORATIONS. A foreign insurer authorized to transact insurance in this state and fully complying with this code shall be exempt from complying with the provisions of sections 30-21-501 through 30-21-512, Idaho Code.
History:
[41-332, added 1961, ch. 330, sec. 95, p. 645; am. 1980, ch. 197, sec. 28, p. 453; am. 1999, ch. 65, sec. 3, p. 170; am. 2017, ch. 58, sec. 21, p. 116.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-333 - DIRECTOR AS PROCESS AGENT FOR FOREIGN INSURERS AND DOMESTIC RECIPROCAL INSURERS.

41-333. DIRECTOR AS PROCESS AGENT FOR FOREIGN INSURERS AND DOMESTIC RECIPROCAL INSURERS. (1) Before the director shall issue to it a certificate of authority to transact insurance in this state each foreign and alien insurer and each domestic reciprocal insurer shall appoint the director and his successors in office, as its attorney to receive service of legal process issued against the insurer in this state. The appointment shall be made on a form as designated and furnished by the director. The appointment shall be irrevocable, shall bind the insurer and any successor in interest or to the assets or liabilities of the insurer, and shall remain in effect as long as there is in force any contract of the insurer in this state or any obligation of the insurer arising out of its transactions in this state.
(2) Service of such process against a foreign or alien insurer shall be made only by service thereof upon the director, or his deputy, or other person in charge of his office during his absence.
(3) At time of application for a certificate of authority the insurer shall file the appointment with the director, together with designation of the person to whom process against it served upon the director is to be forwarded. The insurer may change such designation by a new filing.
History:
[41-333, added 1961, ch. 330, sec. 96, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-334 - SERVING PROCESS — TIME TO PLEAD.

41-334. SERVING PROCESS — TIME TO PLEAD. (1) Duplicate copies of legal process against an insurer for whom the director is attorney, shall be served upon him either by a person competent to serve a summons or by registered or certified mail. At the time of service the plaintiff shall pay to the director an appropriate fee not in excess of thirty dollars ($30.00) which fee shall be determined by rule and regulation.
(2) The director shall forthwith send one (1) of the copies of the process, by registered or certified mail with return receipt requested, to the person designated for the purpose by the insurer in its most recent such designation filed with the director.
(3) The director shall keep a record of the day of service upon him of all legal process. No proceedings shall be had against the insurer, and the insurer shall not be required to appear, plead, or answer until the expiration of thirty (30) days after the date of service upon the director.
(4) Process served upon the director and copy thereof forwarded as in this section provided shall for all purposes constitute valid and binding service thereof upon the insurer.
History:
[41-334, added 1961, ch. 330, sec. 97, p. 645; am. 1972, ch. 369, sec. 5, p. 1072; am. 1977, ch. 142, sec. 1, p. 303; am. 1979, ch. 122, sec. 1, p. 375; am. 1988, ch. 345, sec. 1, p. 1024.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-336 - REVIEW OF ANNUAL STATEMENT — ADDITIONAL INFORMATION.

41-336. REVIEW OF ANNUAL STATEMENT — ADDITIONAL INFORMATION. (1) As soon as reasonably possible after the insurer has filed its annual statement with him, the director shall review the same and require correction of such errors or omissions in the statement as appear from such review.
(2) Any company transacting business in this state may be required by the director, when he considers such action to be necessary for the protection of policyholders, creditors, shareholders or claimants, to file a supplementary summary financial statement in a format prescribed by the director. Supplementary summary financial statements shall be due within sixty (60) days after notice is mailed to the company by the director requesting such statement. No company shall be required to file more than four (4) supplementary summary statements during any consecutive twelve (12) month period. The director may, at his discretion, require the annual statement be certified by an independent actuary deemed competent by the director or by an independent certified public accountant.
(3) In addition to information called for and furnished in connection with its annual statement, an insurer shall promptly furnish to the director such other or further information with respect to any of its transactions or affairs as the director may from time to time request in writing.
History:
[41-336, added 1961, ch. 330, sec. 99, p. 645; am. 1991, ch. 277, sec. 2, p. 719.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Section 41-337 - RESIDENT AGENT, COUNTERSIGNATURE LAW.

41-337. RESIDENT AGENT, COUNTERSIGNATURE LAW. (1) Except as provided in section 41-338, Idaho Code, no authorized insurer shall make, write, place or cause to be made, written or placed, any policy or contract of insurance or indemnity of any kind or character, or a general or floating policy covering risks on property located in Idaho, liability created by or accruing under the laws of this state, or undertakings to be performed in this state, except through its resident insurance agents licensed as provided in this code, who shall countersign or cause a facsimile of his signature to be placed on all policies or indemnity contracts so issued, and who shall keep a record of the same, containing the usual and customary information concerning the risk undertaken and the full premium paid or to be paid therefor, to the end that the state may receive the taxes required by law to be paid on premiums collected for insurance on property or undertakings located in this state. When two (2) or more insurers issue a single policy of insurance the policy may be countersigned on behalf of all insurers appearing thereon by a licensed agent, resident in this state, of any one such insurer.
(2) The agent may grant a power of attorney in writing to an individual who is twenty-one (21) years or more of age authorizing such person to countersign or cause a facsimile of the agent’s signature to be placed on policies and indorsements in his name and behalf. The power of attorney shall be acknowledged by the agent under oath before a notary public and shall be kept on file in the agent’s office.
History:
[41-337, added 1961, ch. 330, sec. 100, p. 645; am. 1969, ch. 214, sec. 8, p. 625; am. 1977, ch. 142, sec. 2, p. 304; am. 1978, ch. 90, sec. 1, p. 167; am. 1984, ch. 60, sec. 1, p. 109.]