Title 41 — INSURANCE

41-2101. Scope of chapter. Nothing in this chapter shall apply to or affect: (1) Any policy of liability or workmen’s compensation insurance with or without supplementary expense coverage therein. (2) Any group or blanket policy. (3) Life insurance, endowment or annuity contracts…

41-2102. Short title. This chapter may be cited as the "uniform disability policy provision law."

41-2103. Scope and format of policy. No policy of disability insurance shall be delivered or issued for delivery to any person in this state unless it otherwise complies with this code, and complies with the following: (1) The entire money and other considerations therefor shall …

41-2104. Required provisions — Captions — Omissions — Substitutions. (1) Except as provided in subsection (2) below, each such policy delivered or issued for delivery to any person in this state shall contain the provisions specified in sections 41-2105 to 41-2116, inclusive, and…

41-2105. Entire contract — Changes. There shall be a provision as follows: "Entire Contract; Changes: This policy, including the endorsements and the attached papers, if any, constitute the entire contract of insurance. No change in this policy shall be valid until approved by an…

41-2106. Time limit on certain defenses. (1) There shall be a provision as follows: "Time Limit on Certain Defenses: (a) After two (2) years from the date of issue of this policy, no misstatements, except fraudulent misstatements, made by the applicant in the application for such…

41-2107. Grace period. There shall be a provision as follows: "Grace Period: A grace period of….(insert a number not less than ‘7’ for weekly premium policies, ’10’ for monthly premium policies and ’31’ for all other policies) days will be granted for the payment of each premium …

41-2108. Reinstatement. (1) There shall be a provision as follows: "Reinstatement: If any renewal premium be not paid within the time granted the insured for payment, a subsequent acceptance of premium by the insurer or by any agent duly authorized by the insurer to accept such p…

41-2109. Notice of claim. (1) There shall be a provision as follows: "Notice of Claim: Written notice of claim must be given to the insurer within twenty days after the occurrence or commencement of any loss covered by the policy, or as soon thereafter as is reasonably possible. …

41-2110. Claim forms. There shall be a provision as follows: "Claim Forms: The insurer, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within fifteen days after t…

41-2111. Proofs of loss. There shall be a provision as follows: "Proofs of Loss: Written proof of loss must be furnished to the insurer at its said office in case of claim for loss for which this policy provides any periodic payment contingent upon continuing loss within ninety d…

41-2112. Time of payment of claims. There shall be a provision as follows: "Time of Payment of Claims: Indemnities payable under this policy for any loss other than loss for which this policy provides any periodic payment, will be paid immediately upon receipt of due written proo…

41-2113. Payment of claims. (1) There shall be a provision as follows: "Payment of Claims: Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time…

41-2114. Physical examination — Autopsy. There shall be a provision as follows: "Physical Examinations and Autopsy: The insurer at its own expense shall have the right and opportunity to examine the person of the insured when and as often as it may reasonably require during the p…

41-2115. Legal actions. There shall be a provision as follows: "Legal Actions: No action at law or in equity shall be brought to recover on this policy prior to the expiration of sixty days after written proof of loss has been furnished in accordance with the requirements of this…

41-2116. Change of beneficiary. (1) There shall be a provision as follows: "Change of Beneficiary: Unless the insured makes an irrevocable designation of beneficiary, the right to change the beneficiary is reserved to the insured and the consent of the beneficiary or beneficiarie…

41-2117. Optional policy provisions. Except as provided in section 41-2104(2), no such policy delivered or issued for delivery to any person in this state shall contain provisions respecting the matters set forth in sections 41-2118 to 41-2127, inclusive, of this chapter unless s…

41-2118. Change of occupation. There may be a provision as follows: "Change of Occupation: If the insured be injured or contract sickness after having changed his occupation to one classified by the insurer as more hazardous than that stated in this policy or while doing for comp…

41-2119. Misstatement of age. There may be a provision as follows: "Misstatement of Age: If the age of the insured has been misstated, all amounts payable under this policy shall be such as the premium paid would have purchased at the correct age."

41-2123. Relation of earnings to insurance. (1) There may be a provision as follows: "Relation of Earnings to Insurance: If the total monthly amount of loss of time benefits promised for the same loss under all valid loss of time coverage upon the insured, whether payable on a we…

41-2124. Unpaid premiums. There may be a provision as follows: "Unpaid Premiums: Upon the payment of a claim under this policy, any premium then due and unpaid or covered by any note or written order may be deducted therefrom."

41-2125. Conformity with state statutes. There may be a provision as follows: "Conformity with State Statutes: Any provision of this policy which, on its effective date is in conflict with the statutes of the state in which the insured resides on such date is hereby amended to co…

41-2126. Illegal occupation. There may be a provision as follows: "Illegal Occupation: The insurer shall not be liable for any loss to which a contributing cause was the insured’s commission of or attempt to commit a felony or to which a contributing cause was the insured’s being…

41-2127. Intoxicants and narcotics. There may be a provision as follows: "Intoxicants and Narcotics: The insurer shall not be liable for any loss sustained or contracted in consequence of the insured’s being intoxicated or under the influence of any narcotic unless administered o…

41-2128. Renewability. Disability insurance policies, other than accident insurance only policies, in which the insurer reserves the right to refuse renewal on an individual basis, shall provide in substance in a provision thereof or in an endorsement thereon or rider attached th…

41-2129. Order of certain provisions. The provisions which are the subject of sections 41-2105 to 41-2127, inclusive, of this chapter, or any corresponding provisions which are used in lieu thereof in accordance with such sections, shall be printed in the consecutive order of the…

41-2130. Third party ownership. The word "insured", as used in this chapter, shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under suc…

41-2131. Requirements of other jurisdictions. (1) Any policy of a foreign or alien insurer, when delivered or issued for delivery to any person in this state, may contain any provision which is not less favorable to the insured or the beneficiary than the provisions of this chapt…

41-2132. Policies issued for delivery in another state. If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance director or corresponding public official of such other state has informed the director that any such pol…

41-2133. Conforming to statute. (1) No policy provision which is not subject to this chapter shall make a policy, or any portion thereof, less favorable in any respect to the insured or the beneficiary than the provisions thereof which are subject to this chapter. (2) A policy de…

41-2134. Age limit. If any such policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective, and if such date falls within a period for which premium is accepted by the insurer or if the insu…

41-2135. Prohibited policy plans — Provisions. No insurer shall hereafter deliver or issue for delivery in this state any disability insurance policy: (1) Providing benefits or values for surviving or continuing policyholders contingent upon the lapse or termination of the polici…

41-2136. Filing of rates. Each insurer issuing disability insurance policies for delivery in this state shall, before use thereof, file with the director its premium rates and classification of risks pertaining to such policies. The insurer shall adhere to its rates and classific…

41-2137. Franchise Disability Insurance Law. Disability insurance on a franchise plan is hereby declared to be that form of disability insurance issued to: (1) Four (4) or more employees of any corporation, copartnership, or individual employer or any governmental corporation, ag…

41-2138. Health insurance — Ten-day free examination. (1) Except as to nonrenewable accident policies and individual credit health insurance policies, every individual health insurance policy shall contain a provision therein or in a separate rider attached thereto when delivered…

41-2139. Required provisions — Coverage of dependent child. There shall be a provision as follows: a policy delivered or issued for delivery in this state more than one hundred twenty (120) days after the effective date of this act under which coverage of a dependent of an insure…

41-2140. Required provisions. (1) Any disability insurance contract delivered or issued for delivery in this state which provides coverage for injury or sickness for newborn dependent children of the insured, shall provide such coverage for such newborn children, including adopte…

41-2141. Coordination of benefits — Coordination with social security benefits. (1) Under the authority of this section and section 41-2216, Idaho Code, the director shall promulgate rules that are in accordance with the model regulations of the national association of insurance …

41-2142. Limitation of benefits for elective abortions. All policies, contracts, plans or certificates of disability insurance delivered, issued for delivery or renewed in this state after the effective date of this section shall exclude coverage for elective abortions. Such excl…

41-2143. Services provided by governmental entities. (1) From and after July 1, 1990, no disability insurance policy shall be issued in Idaho which excludes from coverage services rendered the insured while a resident in an Idaho state institution, provided the services to the in…

41-2144. Mammography coverage. (1) From and after July 1, 1992, all disability contracts which provide coverage for the surgical procedure known as a mastectomy which are delivered, issued for delivery, continued or renewed in this state shall provide minimum mammography examinat…

41-2146. Coverage provided to persons having insurance. An insurer providing individual disability insurance coverage in this state shall make available to citizens of this state major medical disability policies under the terms set forth in this section. An insurer providing onl…