Title 41 — INSURANCE

41-101. Short title. This act constitutes the Idaho insurance code.

41-102. "Insurance" defined. "Insurance" is a contract whereby one undertakes to indemnify another or pay or allow a specified or ascertainable amount or benefit upon determinable risk contingencies.

41-103. "Insurer" defined. "Insurer" includes every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity.

41-104. "Person" defined. "Person" includes any individual, insurer, company, association, organization, Lloyd’s insurer, society, reciprocal insurer or interinsurance exchange, partnership, syndicate, business trust, corporation and every legal entity.

41-105. "Director," "department" defined. (1) "Director" means the director of the department of insurance of this state. (2) "Department" means the department of insurance of this state.

41-106. "Domestic," "foreign," "alien" insurer defined. (1) A "domestic" insurer is one formed under the laws of this state or an insurer which has transferred its domicile pursuant to section 41-342, Idaho Code, to this state. (2) A "foreign" insurer is one formed under the laws…

41-107. "State" defined. When used in context signifying a jurisdiction other than the state of Idaho, "state" means any state, district, territory, commonwealth, or possession of the United States of America, and the Panama Canal Zone.

41-108. "Domicile" defined. The "domicile" of an insurer means: (1) As to Canadian insurers, Canada and the province in which the insurer’s head office is located. (2) As to other alien insurers authorized to transact insurance in one or more states, as provided in section 41-340…

41-109. "Principal office" defined. "Principal office" means: (1) As to Canadian insurers, the office in Canada from which the general affairs of the insurer are directed or managed; (2) As to other alien insurers authorized to transact insurance in one or more states, the office…

41-110. "Authorized," "unauthorized" insurer defined. (1) An "authorized" insurer is one duly authorized by a subsisting certificate of authority issued by the director to transact insurance in this state. (2) An "unauthorized" insurer is one not so authorized.

41-111. "Certificate of authority," "license" defined. (1) A "certificate of authority" is one issued by the director evidencing the authority of an insurer to transact insurance in this state. (2) A "license" is authority granted by the director pursuant to this code authorizing…

41-112. "Transacting insurance" defined. "Transacting insurance" includes any of the following: (1) Solicitation and inducement. (2) Preliminary negotiations. (3) Effectuation of a contract of insurance. (4) Transaction of matters subsequent to effectuation of a contract of insur…

41-113. Compliance required — Public interest. (1) No person shall transact a business of insurance in Idaho, or relative to a subject of insurance resident, located or to be performed in Idaho, without complying with the applicable provisions of this code. (2) The business of in…

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 (Coun…

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, th…

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 …

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.

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.

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 authori…

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 o…

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.

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 …

41-120. Charitable gift annuities. (1) As used in this section: (a) "Charitable gift annuity" means a transfer of cash or other property by a donor to a charitable organization in return for an annuity payable over one (1) or two (2) lives, under which the actuarial value of the …

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 fait…