reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 41 - INSURANCE › Chapter 1 - SCOPE OF INSURANCE CODE — GENERAL PROVISIONS › Section 41-114 - APPLICATION OF CODE AS TO PARTICULAR TYPES OF INSURERS.

41-114. APPLICATION OF CODE AS TO PARTICULAR TYPES OF INSURERS. No provision of chapter 1, title 41, Idaho Code, shall apply with respect to:
(1) County mutual insurers (as identified in chapter 31, title 41, Idaho Code), except as stated in chapter 31, title 41, Idaho Code (County Mutual Insurers).
(2) Fraternal benefit societies (as identified in chapter 32, title 41, Idaho Code), except as stated in chapter 32, title 41, Idaho Code (Fraternal Benefit Societies).
(3) Hospital and medical professional service corporations (as identified in chapter 34, title 41, Idaho Code), except as stated in chapter 34, title 41, Idaho Code (Hospital and Professional Service Corporations).
(4) Religious corporations or societies which are exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, as amended, and that provide only first-party property or casualty coverages exclusively to their members.
(5) Any organization described by section 501(c)(3) of the Internal Revenue Code, as amended, but only with respect to the organization’s issuance of charitable gift annuities in accordance with the terms of section 41-120, Idaho Code.
History:
[41-114, added 1961, ch. 330, sec. 14, p. 645; am. 1977, ch. 204, sec. 1, p. 556; am. 1984, ch. 253, sec. 1, p. 604; am. 1986, ch. 119, sec. 1, p. 313; am. 1996, ch. 409, sec. 1, p. 1354; am. 2020, ch. 115, sec. 2, p. 365.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 1 - SCOPE OF INSURANCE CODE — GENERAL PROVISIONS › Section 41-114A - SERVICE CONTRACTS.

41-114A. SERVICE CONTRACTS. (1) The term "service contract," as used in this section, means a contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement or maintenance of property or to reimburse, in whole or in part, the owner of such property for the repair, replacement or maintenance of property if an operational or structural failure is due to a defect in materials or manufacturing or to normal wear and tear. A service contract may contain a provision for incidental payment under such contract where service, repair or replacement is not feasible or economical. Service contracts, other than motor vehicle service contracts subject to the provisions of the Idaho motor vehicle service contract act, chapter 62, title 41, Idaho Code, may provide for the repair, replacement or maintenance of property for damage resulting from power surges and accidental damage from handling.
(2) The marketing, sale, offering for sale, issuance, making, proposing to make, and administration of a service contract is exempt from the provisions of title 41, Idaho Code.
(3) Service contracts shall be subject to the provisions of the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
History:
[41-114A, added 2000, ch. 249, sec. 1, p. 702; am 2008, ch. 137, sec. 1, p. 396; am. 2018, ch. 116, sec. 3, p. 247.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 1 - SCOPE OF INSURANCE CODE — GENERAL PROVISIONS › Section 41-114B - LEGAL SERVICE EXPENSE PLANS.

41-114B. LEGAL SERVICE EXPENSE PLANS. (1) The term "legal service expense plan," as used in this section, means a contract or agreement for a stated consideration between a plan administrator and a member or group of members, whereby the member pays the administrator, in advance or by installments, for the receipt of professional legal services, advice or representation. Such services in Idaho shall be provided by attorneys at law licensed in Idaho. The attorneys shall be prepaid under a contract or agreement with the administrator to provide specified legal services for the express benefit of the plan member and shall agree to render services to the member when required.
(2) The marketing, sale, contracting, issuance of a contract, plan administration and delivery of services under a legal service expense plan are exempt from all other provisions of title 41, Idaho Code. In addition, such plans shall not be characterized as "insurance" when marketed in Idaho.
(3) Legal service expense plans, but not law firm retainer agreements, shall be subject to the provisions of the Idaho consumer protection act, chapter 6, title 48, Idaho Code, and attorneys providing service shall be subject to the provisions relating to the regulation of the practice of law under title 3, Idaho Code.
History:
[41-114B, added 2001, ch. 127, sec. 1, p. 449.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 1 - SCOPE OF INSURANCE CODE — GENERAL PROVISIONS › Section 41-115 - PARTICULAR PROVISIONS PREVAIL.

41-115. PARTICULAR PROVISIONS PREVAIL. Provisions of this code relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matter in general.
History:
[41-115, added 1961, ch. 330, sec. 15, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 1 - SCOPE OF INSURANCE CODE — GENERAL PROVISIONS › Section 41-116 - CAPTIONS NOT TO AFFECT MEANING.

41-116. CAPTIONS NOT TO AFFECT MEANING. The scope and meaning of any provision of this code shall not be limited or otherwise affected by the caption or heading of any chapter, section or provision.
History:
[41-116, added 1961, ch. 330, sec. 16, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 1 - SCOPE OF INSURANCE CODE — GENERAL PROVISIONS › Section 41-117 - GENERAL PENALTY.

41-117. GENERAL PENALTY. Each violation of this code for which a greater penalty is not provided by another provision of this code or by other applicable laws of this state, shall in addition to any applicable prescribed denial, suspension, or revocation of certificate of authority or license be punishable by an administrative penalty of not more than one thousand dollars ($1,000) for any individual or natural person and not more than five thousand dollars ($5,000) for any other person, imposed by the director, and upon conviction by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment in the discretion of the court. Each instance of violation may be considered a separate offense.
History:
[41-117, added 1961, ch. 330, sec. 17, p. 645; am. 1999, ch. 96, sec. 1, p. 298.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 1 - SCOPE OF INSURANCE CODE — GENERAL PROVISIONS › Section 41-117A - PENALTY FOR TRANSACTING INSURANCE WITHOUT PROPER LICENSING.

41-117A. PENALTY FOR TRANSACTING INSURANCE WITHOUT PROPER LICENSING. The director may impose an administrative penalty not to exceed fifteen thousand dollars ($15,000), for deposit in the general account of the state of Idaho, upon any person who transacts insurance of any kind or character or transmits for a person, other than himself, an application for a policy of insurance without proper licensing, or after such licensing shall have been suspended or revoked.
History:
[41-117A, added 1988, ch. 169, sec. 1, p. 299.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 1 - SCOPE OF INSURANCE CODE — GENERAL PROVISIONS › Section 41-118 - “CHAPTER” DEFINED.

41-118. "CHAPTER" DEFINED. As used in this code and except as otherwise required by context, "chapter" means a particular numbered chapter of this code as indicated by context.
History:
[41-118, added 1961, ch. 330, sec. 804, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 1 - SCOPE OF INSURANCE CODE — GENERAL PROVISIONS › Section 41-119 - APPLICABILITY OF CODE UNDER UNREPEALED LAWS.

41-119. APPLICABILITY OF CODE UNDER UNREPEALED LAWS. Any laws of Idaho, other than this code, remaining in force after the effective date of this code which refer to certain provisions of law repealed under section 809 of this act, shall be deemed to refer to those provisions of this code which are in substance the same or substantially the same as such repealed provisions.
History:
[41-119, added 1961, ch. 330, sec. 805, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 1 - SCOPE OF INSURANCE CODE — GENERAL PROVISIONS › Section 41-121 - EXEMPTION OF HEALTH CARE SHARING MINISTRIES FROM THE INSURANCE CODE.

41-121. EXEMPTION OF HEALTH CARE SHARING MINISTRIES FROM THE INSURANCE CODE. (1) A health care sharing ministry shall not be considered to be engaging in the business of insurance for purposes of this title.
(2) As used in this section, "health care sharing ministry" means a faith-based nonprofit organization that is tax exempt under the Internal Revenue Code which:
(a) Limits its participants to those who are of a similar faith;
(b) Acts as a facilitator among participants who have financial or medical needs and matches those participants with other participants with the present ability to assist those with financial or medical needs in accordance with criteria established by the health care sharing ministry;
(c) Provides for the financial or medical needs of a participant through contributions from one (1) participant to another;
(d) Provides amounts that participants may contribute with no assumption of risk or promise to pay among the participants and no assumption of risk or promise to pay by the health care sharing ministry to the participants;
(e) Provides a written monthly statement to all participants that lists the total dollar amount of qualified needs submitted to the health care sharing ministry, as well as the amount actually published or assigned to participants for their contribution; and
(f) Provides a written disclaimer on or accompanying all applications and guideline materials distributed by or on behalf of the organization that reads, in substance: "Notice: The organization facilitating the sharing of medical expenses is not an insurance company, and neither its guidelines nor plan of operation is an insurance policy. Whether anyone chooses to assist you with your medical bills will be totally voluntary because no other participant will be compelled by law to contribute toward your medical bills. As such, participation in the organization or a subscription to any of its documents should never be considered to be insurance. Regardless of whether you receive any payment for medical expenses or whether this organization continues to operate, you are always personally responsible for the payment of your own medical bills."
(3) It is hereby declared that participation in or operation of a health care sharing ministry does not constitute an unfair or deceptive act or practice in the conduct of trade or commerce prohibited by chapter 6, title 48, Idaho Code.
History:
[41-121, added 2013, ch. 156, sec. 2, p. 369.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-201 - DEPARTMENT OF INSURANCE.

41-201. DEPARTMENT OF INSURANCE. There is hereby created the department of insurance of the state of Idaho. The department shall, for the purposes of section 20, article IV, of the Constitution of the state of Idaho, be an executive department of the state government. The department of insurance shall be composed of such divisions and units as authorized by the provisions of section 41-206, Idaho Code.
History:
[41-201, added 1961, ch. 330, sec. 18, p. 645; am. 1974, ch. 11, sec. 1, p. 60; am. 1981, ch. 264, sec. 1, p. 560; am. 1995, ch. 135, sec. 1, p. 586.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-202 - DIRECTOR — APPOINTMENT — TERM — QUALIFICATIONS.

41-202. DIRECTOR — APPOINTMENT — TERM — QUALIFICATIONS. (1) The director of the department of insurance shall be the chief executive officer of the department of insurance.
(2) The director shall be appointed by the governor and shall hold office for a term of four (4) years, subject to earlier removal by the governor. A vacancy in the office of director shall be filled for the balance of the unexpired term only.
(3) The governor shall not appoint as director any individual, and no individual shall hold the office of director, who is not qualified therefor as follows:
(a) Must be a qualified elector of the state of Idaho; and
(b) Must have had at least five (5) years’ practical experience in one or more of the types of insurance business subject to regulation by the director, or have had other professional or business experience reasonably adequate in character and scope to equip him to discharge the duties and fulfill the responsibilities of the office of director.
History:
[41-202, added 1961, ch. 330, sec. 19, p. 645; am. 1974, ch. 11, sec. 2, p. 60.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-203 - TERMS CONSTRUED.

41-203. TERMS CONSTRUED. Wherever the words "commissioner of insurance" or "insurance commissioner" appear in title 41, Idaho Code, or elsewhere in the Idaho Code, they shall be understood and construed to mean the director of the department of insurance.
History:
[41-203, added 1961, ch. 330, sec. 20, p. 645; am. 1974, ch. 11, sec. 3, p. 60.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-204 - DIRECTOR’S OATH AND BOND.

41-204. DIRECTOR’S OATH AND BOND. At the time of taking office the director shall take an oath of office, and give bond in favor of the state of Idaho in the time, form and manner prescribed in chapter 8, title 59, Idaho Code. The oath shall be filed with the secretary of state.
History:
[41-204, added 1961, ch. 330, sec. 21, p. 645; am. 1969, ch. 214, sec. 1, p. 625; am. 1971, ch. 136, sec. 28, p. 522.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-205 - OFFICIAL SEAL.

41-205. OFFICIAL SEAL. (1) The director shall have an official seal, in the form and design as so in use immediately prior to the effective date of this code.
(2) The director shall issue under his official seal all certificates, other than licenses of agents, brokers, adjusters, and other insurance representatives, to be issued by him under the laws of this state.
History:
[41-205, added 1961, ch. 330, sec. 22, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-206 - DIVISIONS AND EMPLOYEES.

41-206. DIVISIONS AND EMPLOYEES. (1) The department shall be organized into such divisions and such other units as may be administratively established in order to efficiently administer the department. Each division shall be headed by a division administrator who shall be appointed by and serve at the pleasure of the director, and shall be a nonclassified employee exempt from the provisions of chapter 53, title 67, Idaho Code.
(2) The director may pursuant to chapter 53, title 67, Idaho Code, appoint, employ, fix the compensation of, prescribe and require the duties of and discharge such employees as the duties of his office may require.
(3) The director may contract for and procure on a basis of fee and without giving such persons any status as an employee of this state, such independently contracting actuarial, technical, examining, and other similar professional services as the director may from time to time require for the discharge of his duties.
History:
[41-206, added 1981, ch. 264, sec. 3, p. 560; am. 1995, ch. 135, sec. 2, p. 586.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-207 - DELEGATION OF POWERS.

41-207. DELEGATION OF POWERS. (1) The director may delegate to his deputy, assistant, counsel, actuary, examiner or employee, the exercise or discharge in the director’s name of any power, duty, or function, whether ministerial, discretionary or of whatever character, vested in or imposed upon the director under this code.
(2) The official act of any such person so acting in the director’s name and by his authority shall be deemed to be an official act of the director.
History:
[41-207, added 1961, ch. 330, sec. 24, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-208 - PROHIBITED INTERESTS, REWARDS.

41-208. PROHIBITED INTERESTS, REWARDS. (1) The director or any deputy, actuary, examiner, assistant or employee of the director shall not be a director, officer, or employee of any insurer or be financially interested in the business of any insurer, except as a policyholder or claimant under an insurance policy or by reason of rights theretofore vested in commissions, fees, or retirement benefits related to services theretofore performed; nor shall any such individual engage in any other business or occupation interfering with or inconsistent with the duties of his office or employment, or serve on or under any political committee or take an active part in any political campaign on behalf of any candidate or party; that as to matters wherein a conflict of interests does not exist on the part of any such individual, the director may employ or retain from time to time insurance actuaries, examiners, accountants, attorneys or other technicians who are independently practicing their professions even though from time to time similarly employed or retained by insurers or others.
(2) Except as provided in section 41-209, [Idaho Code,] no person shall directly or indirectly give or pay to the director, or any deputy, actuary, examiner, assistant or employee of the director, and the director or his deputy, actuary, examiner, assistant or employee shall not directly or indirectly receive or accept, any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided by law, for any service rendered or to be rendered as such director, deputy, actuary, examiner, assistant or employee or in connection therewith, or for services rendered or to be rendered in relation to legislation, or for extra services rendered or to be rendered, or for any cause whatsoever related, to any person who is subject to the supervision of the director under this code.
(3) Subsections (1) and (2) shall not be deemed to prohibit:
(a) Receipt by any such individual of fully vested commissions or fully vested retirement benefits to which he is entitled by reason of services performed prior to becoming director or prior to employment by the director; or
(b) Investment in shares of regulated diversified investment companies; or
(c) Mortgage loans made under customary terms and in the ordinary course of business.
History:
[41-208, added 1961, ch. 330, sec. 25, p. 645; am. 1969, ch. 214, sec. 3, p. 625.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-209 - PROFESSIONAL SERVICES.

41-209. PROFESSIONAL SERVICES. (1) Upon a domestic insurer’s written request to the director, the director may authorize an examiner, actuary, or other insurance technician appointed or employed by the director, to render to the insurer such professional or technical services as may not otherwise be reasonably obtainable from professional sources within this state.
(2) Compensation for services so actually rendered shall be in such reasonable amount as may be agreed upon between the insurer and the individual performing the services. Such individual shall file a copy of his statement for services with the director before delivery of the same to the insurer or payment thereof.
History:
[41-209, added 1961, ch. 330, sec. 26, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-210 - GENERAL POWERS, DUTIES.

41-210. GENERAL POWERS, DUTIES. (1) The director shall enforce the provisions of this code, and shall execute the duties imposed upon him by this code.
(2) The director shall have the powers and authority expressly conferred upon him by or reasonably implied from the provisions of this code.
(3) The director may conduct such examinations and investigations of insurance matters, in addition to examinations and investigations expressly authorized, as he may deem proper to determine whether any person has violated any provision of this code or to secure information useful in the lawful administration of any such provision. The cost of such additional examinations and investigations shall be borne by the state.
(4) For any document required to be filed with the director or the department of insurance under the laws of this state, the director may specify the place and manner of filing of the document, including whether an electronic or paper filing is required or acceptable.
(5) The director shall have such additional powers and duties as may be provided by other laws of this state.
History:
[41-210, added 1961, ch. 330, sec. 27, p. 645; am. 2004, ch. 238, sec. 1, p. 701.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-211 - RULES.

41-211. RULES. (1) The director may make reasonable rules necessary for or as an aid to the effectuation of any provision of this code. No such rule shall extend, modify, or conflict with any law of this state or the reasonable implications thereof.
(2) Any such rule affecting persons or matters other than the personnel or the internal affairs of the department shall be made or amended in accordance with the provisions of chapter 52, title 67, Idaho Code.
(3) In addition to any other penalty provided, wilful violation of any such rule shall subject the violator to such suspension or revocation of certificate of authority or license as may be applicable under this code as for violation of the provision as to which such rule relates.
History:
[41-211, added 1961, ch. 330, sec. 28, p. 645; am. 1994, ch. 310, sec. 1, p. 977.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-212 - ORDERS, NOTICES.

41-212. ORDERS, NOTICES. (1) Orders and notices of the director shall be effective only when in writing signed by him or by his authority.
(2) Every such order shall state its effective date, and shall concisely state:
(a) Its intent or purpose.
(b) The grounds on which based.
(c) The provisions of this code pursuant to which action is taken or proposed to be taken; but failure to so designate a particular provision shall not deprive the director of the right to rely thereon.
(3) Except as may be provided in this code respecting particular procedures, an order or notice may be given by:
(a) Personal service upon the person to be ordered or notified;
(b) Mailing it, postage prepaid, by regular United States mail, or by certified mail, return receipt requested, addressed to the person at his residence or principal place of business as last of record in the department; or
(c) Where a party has appeared in a contested case or has not yet appeared but has consented or agreed in writing to service by facsimile transmission (FAX) or e-mail as an alternative to personal service or service by mail, such orders or notices may be served by FAX or by e-mail in lieu of service by mail or personal service.
(4) Service of orders and notices is complete when a copy is personally served upon the person to be served, or when a copy properly addressed and postage prepaid is deposited in the United States mail or the statehouse mail, if the person is a state employee or state agency, or when there is an electronic verification that a FAX or an e-mail has been sent.
History:
[41-212, added 1961, ch. 330, sec. 29, p. 645; am. 2012, ch. 157, sec. 1, p. 433.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-213 - ENFORCEMENT.

41-213. ENFORCEMENT. (1) The director may institute such suits or other lawful proceedings as he may deem necessary for the enforcement of any provision of title 41, Idaho Code. If the director believes that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of title 41, Idaho Code, any other law the director has authority to enforce, or any rule or order of the director, the director may, in accordance with the procedures set forth in title 41, Idaho Code, and chapter 52, title 67, Idaho Code:
(a) Issue an order requiring the person to cease and desist from any prohibited act or practice;
(b) Issue an order affecting a person’s license for such reasons as set forth in title 41, Idaho Code;
(c) Issue an order imposing an administrative penalty as provided in title 41, Idaho Code; and
(d) Initiate any action in district court for the same relief or any relief authorized by title 41, Idaho Code.
(2) If the director believes that any person is violating or about to violate any provision of title 41, Idaho Code, or any order or requirement of the director issued or promulgated pursuant to authority expressly granted the director by any provision of title 41, Idaho Code, or by other law, the director may bring an action against such person in the name of the people of the state of Idaho in a district court of this state to enjoin such person from continuing such violation or doing any act in furtherance thereof. In the action the court may enter such order or judgment granting such preliminary or final injunction as the court determines to be proper.
(3) If the director has reason to believe that any person has violated any provision of title 41, Idaho Code, or any provision of other law as applicable to insurance operations, for which criminal prosecution is provided and would be in order, he shall give the information relative thereto to the attorney general or county attorney having jurisdiction of any such violation. The attorney general or county attorney shall promptly institute such action or proceedings against such person as the information may require or justify.
(4) Whenever the director may deem it necessary, he shall employ counsel, or call upon the attorney general of this state for legal counsel and such assistance as may be necessary.
History:
[41-213, added 1961, ch. 330, sec. 30, p. 645; am. 1972, ch. 369, sec. 2, p. 1072; am. 2005, ch. 78, sec. 1, p. 271.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-214 - RECORDS — REPRODUCTION — DESTRUCTION.

41-214. RECORDS — REPRODUCTION — DESTRUCTION. (1) The director shall preserve in permanent form records of his proceedings and hearings and including a concise statement of the results of any investigations or examinations of insurers, and shall file such records in the department.
(2) The records and insurance filings in the department shall be open to public inspection, except as otherwise provided by this code.
(3) The director may photograph, microphotograph or reproduce on film, whereby each page will be reproduced in exact conformity with the original except as to dimensions, financial statements of insurers, reports of business transacted in this state by foreign insurers, reports of examination of insurers, and such records and documents on file in his office as he may in his discretion select.
(4) The director may destroy unneeded or obsolete records and filings of the department in accordance with provisions and procedures applicable to administrative agencies of this state in general.
History:
[41-214, added 1961, ch. 330, sec. 31, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-215 - USE OF REPRODUCTIONS AND CERTIFIED COPIES AS EVIDENCE.

41-215. USE OF REPRODUCTIONS AND CERTIFIED COPIES AS EVIDENCE. (1) Photographs or microphotographs in the form of film or prints of documents and records made under section 41-214(3) shall have the same force and effect as the originals thereof, and duly certified or authenticated reproductions of such photographs or microphotographs shall be as admissible in evidence as are the originals.
(2) Upon request of any person and payment of the applicable fee, the director shall furnish a certified copy of any record in his office which is then subject to public inspection.
(3) Copies of original records or documents in his office certified by the director shall have the same effect and force and be received in evidence in all courts equally and in like manner as if they were originals.
History:
[41-215, added 1961, ch. 330, sec. 32, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-216 - DIRECTOR’S ANNUAL REPORT.

41-216. DIRECTOR’S ANNUAL REPORT. As early after July 1 as is consistent with full and accurate preparation the director annually shall transmit to the governor a report of his official transactions containing with respect to the calendar year next preceding:
(1) A list of all authorized insurers transacting insurance in this state, showing as to each insurer the name, location, amount of capital (if a stock insurer) or surplus (if a mutual or reciprocal insurer), date of incorporation or formation, date of commencement of business, and kinds of insurance transacted.
(2) A condensed form of financial statements and reports of every authorized insurer for the calendar year, as audited and corrected by the director, arranged in tabular form or in abstracts.
(3) A list of insurers whose business in this state was terminated and the reason for such termination; and if such termination was a result of liquidation, or of delinquency proceedings brought against the insurer in this or any other state, the amount of the insurer’s assets and liabilities so far as the same are known to the director.
(4) A statement of the operating expenses of the department, including salaries, transportation, communication, printing, office supplies, fixed charges (insurance and bonds) and miscellaneous expense.
(5) A detailed statement of the moneys and fees received by the department and from what source.
(6) Any recommendations for amendments or supplementations to insurance laws which, in the director’s opinion, may be desirable.
(7) Such other pertinent information and matters as the director deems to be in the public interest.
History:
[41-216, added 1961, ch. 330, sec. 34, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-217 - PUBLICATIONS AUTHORIZED.

41-217. PUBLICATIONS AUTHORIZED. The director shall publish, by printing or other suitable form of reproduction:
(1) Pamphlet or booklet copies of the insurance laws of this state;
(2) The director’s annual report;
(3) Such copies of results of investigations or examinations of insurers for public distribution as he deems to be in the public interest;
(4) Such compilations as he deems advisable from time to time of the general orders of the director then in force; and
(5) Such other material as he may compile and deem relevant and suitable for the more effective administration of this code.
History:
[41-217, added 1961, ch. 330, sec. 34, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-218 - PUBLICATIONS — SALE.

41-218. PUBLICATIONS — SALE. (1) The director shall fix a price at not less than cost of distribution and printing or other reproduction, to be paid by persons requesting copies of the insurance laws and such other publications referred to in section 41-217 as he deems proper to sell on behalf of the state rather than distribute free of charge on a basis of reciprocity.
(2) The director shall account for and deposit all moneys so received in the same manner as applies under section 41-406 to fees and taxes collected by him.
History:
[41-218, added 1961, ch. 330, sec. 35, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-219 - EXAMINATION OF INSURERS.

41-219. EXAMINATION OF INSURERS. (1) For the purpose of determining its financial condition, ability to fulfill and manner of fulfillment of its obligations, the nature of its operations, and compliance with the law, the director shall examine the affairs, transactions, accounts, records, and assets of each authorized insurer, including the attorney in fact of a reciprocal insurer in so far as insurer transactions are concerned, as often as he deems advisable. The director or any of the director’s examiners may conduct an examination, in accordance with the provisions of this section, of any company as often as the director in his sole discretion deems appropriate but shall, at a minimum, conduct an examination of every insurer licensed in this state not less frequently than once every five (5) years. In scheduling and determining the nature, scope and frequency of the examinations, the director shall consider such matters as the results of financial statement analyses and ratios, changes in management or ownership, actuarial opinions, reports of independent certified public accountants and other criteria as set forth in the examiners’ handbook adopted by the national association of insurance commissioners and in effect when the director exercises discretion under the provisions of this section.
(2) Examination of an alien insurer shall be limited to its insurance transactions, assets, trust deposits and affairs in the United States except as otherwise required by the director.
(3) The director shall in like manner examine each insurer applying for an initial certificate of authority to transact insurance in this state.
(4) In lieu of an examination under the provisions of this section, of any foreign or alien insurer licensed in this state, the director may accept an examination report on the company as prepared by the insurance department for the company’s state of domicile or port of entry until January 1, 1994. Thereafter, such reports may only be accepted if the insurance department was at the time of the examination accredited under the national association of insurance commissioners’ financial regulation standards and accreditation program or, the examination is performed under the supervision of an accredited insurance department or with participation of one (1) or more examiners who are employed by such an accredited state insurance department and who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their insurance department.
(5) The term "company" as used in this section shall mean any person engaging in or proposing or attempting to engage in any transaction or kind of insurance or surety business and any person or group of persons who may otherwise be subject to the administrative, regulatory or taxing authority of the director.
History:
[41-219, added 1961, ch. 330, sec. 36, p. 645; am. 1993, ch. 194, sec. 1, p. 494.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-220 - EXAMINATION OF AGENTS, BROKERS, CONSULTANTS, MANAGERS, ADJUSTERS, PROMOTERS.

41-220. EXAMINATION OF AGENTS, BROKERS, CONSULTANTS, MANAGERS, ADJUSTERS, PROMOTERS. For the purpose of ascertaining compliance with law, and in addition to any right of examination otherwise provided, the director may as often as he deems advisable examine the accounts, records, documents, and transactions, pertaining to or affecting its insurance affairs or proposed insurance affairs, of: (1) any insurance agent, broker, solicitor, consultant, surplus line broker, general agent, or adjuster.
(2) Any person(s) having a contract under which he enjoys in fact the exclusive or dominant right to manage or control an insurer.
(3) Any person holding the shares of voting stock or policyholder proxies of a domestic insurer, for the purpose of controlling the management thereof, as voting trustee or otherwise.
(4) Any person engaged in this state in, or proposing to be engaged in this state in, or holding himself out in this state as so engaging or proposing, or in this state assisting in, the promotion or formation of an insurer or insurance holding corporation, or corporation to finance an insurer or the production of its business.
History:
[41-220, added 1961, ch. 330, sec. 37, p. 645; am. 1972, ch. 369, sec. 3, p. 1072.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-221 - PLACE OF EXAMINATION.

41-221. PLACE OF EXAMINATION. (1) The examination may be conducted by the director or his accredited examiners at the offices wherever located of the person being examined and at such other places as may be required for determination of matters under examination.
(2) In the case of alien insurers the examination may be so conducted in the insurer’s United States offices and at places within the United States, except as otherwise required by the director.
History:
[41-221, added 1961, ch. 330, sec. 38, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-222 - EXAMINATION COOPERATION WITH OTHER STATES.

41-222. EXAMINATION COOPERATION WITH OTHER STATES. As far as practical the director shall conduct the examination of a foreign or alien insurer in cooperation with the insurance supervisory officials of other states in which the insurer transacts business, and for the purpose thereof may participate in joint examinations of insurers or be represented in an examination by an examiner of another state.
History:
[41-222, added 1961, ch. 330, sec. 39, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-223 - CONDUCT OF EXAMINATION — ACCESS TO RECORDS — CORRECTION OF ACCOUNTS — REMOVAL OF RECORDS.

41-223. CONDUCT OF EXAMINATION — ACCESS TO RECORDS — CORRECTION OF ACCOUNTS — REMOVAL OF RECORDS. (1) Upon determining that an examination should be conducted, the director or the director’s designee shall issue an examination warrant appointing one (1) or more examiners to perform the examination and instructing them as to the scope of the examination. In conducting the examination, the examiner shall observe those guidelines and procedures set forth in the examiners’ handbook adopted by the national association of insurance commissioners. The director may also employ such other guidelines or procedures as the director may deem appropriate.
(2) Upon such examination the director or examiner may examine under oath any officer, agent, or other individual deemed to have material information regarding the affairs of the person under examination.
(3) Every person being examined, its officers, attorneys, employees, agents, representatives or others having custody or control thereof, shall make freely available to the director or his examiners the accounts, records, documents, files, information, assets and matters in his possession or control relating to the subject of the examination, and shall facilitate the examination.
(4) If the director finds any accounts or records to be inadequate or incorrectly kept or posted, he may procure the services of competent persons to reconstruct, rewrite, post or balance them at the expense of the person being examined if such person has failed to maintain, complete or correct such records or accounts after the director has given him notice and a reasonable opportunity to do so.
(5) Neither the director nor any examiner shall remove any record, account, document, file or other property of the person being examined from the offices of such person except with the written consent of such person being given in advance of such removal, or pursuant to an order of court duly obtained. This provision shall not be deemed to affect the making and removal of copies or abstracts of any such record, account, document, or file.
(6) Nothing contained in this chapter shall be construed to limit the director’s authority to terminate or suspend any examination in order to pursue other legal or regulatory action pursuant to the insurance laws of this state.
(7) Nothing contained in this chapter shall be construed to limit the director’s authority to use any final examination report, or to use any examiner or company work papers or other documents, or any other information discovered or developed during the course of any examination in any judicial proceeding or administrative proceeding under this chapter.
History:
[41-223, added 1961, ch. 330, sec. 40, p. 645; am. 1993, ch. 194, sec. 2, p. 495; am. 1995, ch. 136, sec. 1, p. 587.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-224 - EXAMINATION — APPRAISAL OF ASSET.

41-224. EXAMINATION — APPRAISAL OF ASSET. (1) If the director deems it necessary to value any asset involved in such an examination, he may make written request of the person being examined to appoint one or more appraisers who by reason of education, experience or special training are competent to appraise such asset. Any such appraiser shall be subject to the written approval of the director. If no such appointment is made within ten (10) days after the request therefor was delivered to such person, the director may appoint the appraiser or appraisers.
(2) Any such appraisal shall be promptly made, and a copy of the report thereof shall be furnished to the director.
(3) The reasonable expense of the appraisal shall be borne by the person being examined.
History:
[41-224, added 1961, ch. 330, sec. 41, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-225 - OBSTRUCTION OF EXAMINATION — PENALTY.

41-225. OBSTRUCTION OF EXAMINATION — PENALTY. Any individual who wilfully obstructs the director or his examiner in the conduct of any examination authorized by this chapter shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 41-117 (general penalty).
History:
[41-225, added 1961, ch. 330, sec. 42, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-226 - EXAMINERS — QUALIFICATIONS.

41-226. EXAMINERS — QUALIFICATIONS. For the conduct of or assistance in examinations under this chapter the director shall appoint as examiners only individuals who by reason of education, experience, or special training are competent to perform the duties and fulfill the responsibilities of an insurance examiner. In the selection of examiners the director shall give due consideration to standards and qualifications therefor recommended by the National Association of Insurance Commissioners or any successor organization thereto. The director may appoint, employ, fix the compensation of, prescribe and require the duties of and discharge such examiners as the duties of his office may require. Examiners who are employees of the department shall be nonclassified employees exempt from the provisions of chapter 53, title 67, Idaho Code.
History:
[41-226, added 1961, ch. 330, sec. 43, p. 645; am. 1995, ch. 135, sec. 3, p. 587; am. 2003, ch. 99, sec. 1, p. 318.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-228 - EXAMINATION EXPENSE.

41-228. EXAMINATION EXPENSE. (1) Every insurer or corporation so examined shall, at the direction of the director, pay the actual travel expenses, reasonable living expense allowance, and compensation, at reasonable rates customary for such examination and as approved by the director, necessarily incurred on account of the examination, upon presentation of a detailed account of such charges and expenses.
(2) No person shall pay and no examiner shall accept any additional emolument on account of any examination.
(3) An insurer shall be entitled to offset against its premium taxes payable to the department of insurance of the state of Idaho the examination expense paid by it to or for the account of an examiner, actuary, or other assistant designated by the director for the purpose of the examination, inclusive of such personnel as may be so designated on behalf of other states participating in any such examination. The offset, or any remaining portion thereof, will be allowed for any of the five (5) calendar years following the year in which such examination expense was paid.
History:
[41-228, added 1961, ch. 330, sec. 45, p. 645; am. 1969, ch. 214, sec. 4, p. 625; am. 1975, ch. 207, sec. 1, p. 575; am. 1980, ch. 133, sec. 1, p. 292; am. 1984, ch. 100, sec. 1, p. 228; am. 1994, ch. 267, sec. 1, p. 825; am. 2001, ch. 85, sec. 1, p. 211.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-229 - WITNESSES AND EVIDENCE.

41-229. WITNESSES AND EVIDENCE. (1) As to the subject of any examination, investigation, or hearing being conducted by him the director or any deputy or examiner appointed by him may administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence, and shall have the power to subpoena witnesses, compel their attendance and testimony, and require by subpoena the production of books, papers, records, files, correspondence, documents and other evidence which he deems relevant to the inquiry.
(2) If any individual refuses to comply with any such subpoena or to testify as to any matter concerning which he may be lawfully interrogated, the district court of the county wherein such examination, investigation, or hearing is being conducted or of the county wherein such individual resides, on the director’s application may issue an order requiring such individual to comply with the subpoena and to testify; and failure to obey such an order may be punished by the court as a contempt thereof.
(3) Subpoenas shall be served, and proof of such service made, in the same manner as if issued by a district court. Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a district court.
(4) Any individual wilfully testifying falsely under oath as to any matter material to any such examination, investigation or hearing shall upon conviction thereof be guilty of perjury and shall be punished accordingly.
History:
[41-229, added 1961, ch. 330, sec. 46, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-230 - TESTIMONY COMPELLED — IMMUNITY FROM PROSECUTION.

41-230. TESTIMONY COMPELLED — IMMUNITY FROM PROSECUTION. (1) If any person asks to be excused from attending or testifying or from producing any books, papers, records, contracts, documents, or other evidence in connection with any examination, hearing, or investigation being conducted by the director, his deputy or examiner, or in any proceeding or action before any court or magistrate upon a charge of violation of this code, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture, and shall notwithstanding be directed to give such testimony or produce such evidence, he must, if so directed by the director and the attorney general, nonetheless comply with such direction; and he shall not be exempt from the refusal, suspension, or revocation of any license, permission, or authority conferred, or to be conferred, pursuant to this code. After complying, and if, but for this section, he would have been privileged to withhold the answer given or the evidence produced by him, the answer given, or evidence produced, and any information directly or indirectly derived from the answer or evidence, may not be used against the compelled person in any manner in a criminal case, except that he may nevertheless be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing or contempt committed in answering or failing to answer, or in producing or failing to produce, evidence in accordance with the order.
(2) Any such individual may execute, acknowledge and file in the department a statement expressly waiving such immunity or privilege in respect to any transaction, matter or thing specified in such statement, and thereupon the testimony of such individual or such evidence in relation to such transaction, matter, or thing may be received or produced before any judge or justice, court, tribunal, magistrate, grand jury or otherwise, and if so received or produced such individual shall not be entitled to any immunity or privileges on account of any testimony he may so give or evidence so produced.
History:
[41-230, added 1961, ch. 330, sec. 47, p. 645; am. 2007, ch. 283, sec. 1, p. 813.]