Title 41 — INSURANCE

41-1401. Scope of chapter. (1) Except as provided in section 41-1619 (other provisions applicable, workmen’s compensation rates), and except as provided in subsection (3) below, this chapter applies to property, marine and transportation, inland marine, casualty (other than workm…

41-1402. Purpose of law — Interpretation. (1) The purpose of this chapter is to promote the public welfare by regulating insurance rates as herein provided to the end that they shall not be excessive, inadequate or unfairly discriminatory, and to authorize and regulate cooperativ…

41-1405. Rate standards. (1) Rates shall not be excessive, inadequate or unfairly discriminatory. (2) No rate shall be held to be excessive unless the director finds that: (a) Such rate is unreasonably high for the insurance provided, and (b) A reasonable degree of competition do…

41-1415. Rating organizations — Licensing. (1) Any person, corporation, unincorporated association, partnership or individual, whether located within or outside this state, not an officer or employee of any insurer, may apply to the director for a license as a rate making organiz…

41-1416. Period license effective — Renewal — Fee — Suspension or revocation. (1) Licenses issued to rating organizations under section 41-1415, Idaho Code, shall remain in effect for one (1) year, unless sooner suspended or revoked by the director, and may be renewed for success…

41-1417. Admission of subscribers — Services nondiscriminatory. (1) Subject to rules which have been approved by the director as reasonable, each rating organization shall permit any insurer, not a member, to be a subscriber to its rating services for any kind of insurance or sub…

41-1420. Notice of rating organization changes. Every rating organization shall notify the director promptly of every change in (1) its constitution, its articles of agreement or association, or its certificate of incorporation, and its by-laws, rules and regulations governing th…

41-1421. Technical services. Any rating organization may subscribe for or purchase actuarial, technical or other services, and such services shall be available to all members and subscribers without discrimination.

41-1425. Advisory organizations. (1) No advisory organization shall conduct its operations in this state unless and until it has filed with the director: (a) A copy of its constitution, its articles of agreement or association, or its certificate of incorporation and of its by-la…

41-1426. Joint underwriting or joint reinsurance. (1) Every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance, shall be subject to regulation with respect thereto as herein provided, subject, however, with respect to jo…

41-1427. Examination of insurers and rating, advisory, joint underwriting, and joint reinsurance organizations. (1) As often as he deems necessary, and not less frequently than each five (5) years, the director shall examine each licensed rating organization, each advisory organi…

41-1428. Recording and reporting of loss and expense experience. (1) The director shall promulgate and may modify reasonable rules and statistical plans, reasonably adapted to each of the rating systems used, (to time) and which shall be used thereafter by each insurer in the rec…

41-1429. Interchange of data — Consultation. (1) The director may promulgate reasonable rules and plans for the interchange of data necessary for the application of rating plans. (2) In order to further uniform administration of rate regulatory laws, the director and every insure…

41-1430. Disclosure of information and immunity. (1) Information acquired as a result of any inspection or survey by any rating organization or advisory organization shall be disclosed, upon request, to any requesting person with an insurable interest in the property and to any p…

41-1431. False or misleading information. No person or organization shall wilfully withhold information from, or knowingly give false or misleading information to, the director, any statistical agency designated by the director, any rating organization, or any insurer, which will…

41-1432. Penalties for violations or noncompliance. (1) Violations of this chapter, or of chapter 16 (worker’s compensation rates), title 41, Idaho Code, shall be subject to the penalties provided by section 41-117 (general penalty), Idaho Code. (2) After a hearing in accordance …

41-1433. Rules and regulations. As provided in section 41-211 (rules and regulations) the director may make reasonable rules and regulations necessary to effectuate any provisions of this chapter or of chapter 16 (workmen’s compensation rates).

41-1434. Hearing procedure. (1) An insurer, rating organization, or insurance examining bureau aggrieved by an order or decision of the director made without a hearing, may, within thirty (30) days after notice of the order to the insurer, organization or bureau, make written req…

41-1436. Definitions. As used in this chapter: (1) "Rating organization" means every person, other than an authorized insurer, whether located within or outside this state, who has as his object or purpose the making of rates, rating plans or rating systems. Two (2) or more autho…

41-1437. Making and use of rates. (1) As to all rates which are subject to this chapter, due consideration shall be given to past and prospective loss experience within and outside this state, to the conflagration and catastrophe hazards, to a reasonable margin for underwriting p…

41-1438. Two or more insurers may act in concert. (1) Subject to and in compliance with the provisions of this chapter authorizing insurers to be members or subscribers of rating or advisory organizations or to engage in joint underwriting or joint reinsurance, two (2) or more in…

41-1439. Records. (1) Every insurer, rating organization or advisory organization and every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance shall maintain reasonable records, of the type and kind reasonably adapted to …

41-1440. Hearings. (1) Any person aggrieved by any rate charged, rating plan, rating system, or underwriting rule followed or adopted by an insurer or rating organization may himself or by his authorized representative make written request of the insurer or rating organization to…

41-1441. Assigned risks. Agreements may be made among casualty insurers with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods, an…