Title 41, INSURANCE

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…

41-1501. Short title. This chapter will be known and may be cited as the "Managing General Agents Act."

41-1502. Definitions. For the purposes of this chapter: (1) "Actuary" means a person who is a member in good standing of the American academy of actuaries. (2) "Insurer" means any person, firm, association or corporation duly licensed in this state as an insurance company pursuan…

41-1503. Licensure. (1) No person, firm, association or corporation shall act in the capacity of a MGA with respect to risks located in this state for an insurer licensed in this state unless such person is a licensed agent in this state pursuant to the provisions of chapter 10, …

41-1504. Required contract provisions. No person, firm, association or corporation acting in the capacity of a MGA shall place business with an insurer unless there is in force a written contract between the parties which sets forth the responsibilities of each party and where bo…

41-1505. Duties of insurers. (1) The insurer shall have on file an independent financial examination, in a form acceptable to the director, of each MGA with whom it has done business. (2) If a MGA establishes loss reserves, the insurer shall annually obtain the opinion of an actu…

41-1506. Examination authority. The acts of the MGA are considered to be the acts of the insurer on whose behalf it is acting. A MGA may be examined pursuant to the insurance statutes and regulations as if it were the insurer.

41-1507. Penalties and liabilities. (1) If the director finds, after a hearing conducted in accordance with the insurance code and the regulations and procedures adopted by the Idaho department of insurance, that any person, firm, association or corporation has violated any provi…

41-1601. Scope of chapter. (1) This chapter applies as to worker’s compensation insurance as defined in section 41-506(1)(d), Idaho Code, and to insurance or guaranty by surety insurers of the obligations of employers under worker’s compensation laws. (2) This chapter shall not a…

41-1602. Declaration of policy — Purpose. (1) It is declared that the public welfare is served by the making of premium rates for workmen’s compensation insurance coverages in concert, and that the review by the state of the rates so made is necessary and desirable in the public …

41-1603. Rate-making factors. All rates shall be made in accordance with the following provisions: (1) Due consideration shall be given to past and prospective loss experience within and outside this state, to catastrophe hazards, if any, to a reasonable margin for underwriting p…

41-1604. Rate standard. Rates shall not be excessive, inadequate or unfairly discriminatory.

41-1605. Uniformity. Except to the extent necessary to meet the provisions of section 41-1604, uniformity among insurers in any matter within the scope of sections 41-1603 and 41-1604 is neither required nor prohibited.

41-1606. Rate filings required. (1) There shall be filed with the director on behalf of every insurer writing workmen’s compensation coverages in this state, every manual of classifications, rules and rates, every rating plan and every modification of any of the foregoing which i…

41-1607. Exemption from filing. Under such rules and regulations as he shall adopt the director may, by written order, suspend or modify the requirements of filing as to any kind of insurance, subdivision or combination thereof, or as to classes or risks, the rates for which cann…

41-1608. Effective date of filing. (1) The director shall review filings as soon as reasonably possible after they have been made in order to determine whether they meet the requirements of this chapter. (2) Subject to the exception specified in subsection (3) below, each filing …

41-1609. Disapproval of filing within the waiting period. If within the waiting period or any extension thereof as provided in section 41-1608(2), the director finds that a filing does not meet the requirements of this chapter, he shall send to the rating organization which made …

41-1610. Subsequent disapproval of filing. If any time subsequent to the applicable review period provided for in section 41-1608(2), Idaho Code, the director finds that a filing does not meet the requirements of this chapter, he shall after a hearing held in accordance with chap…

41-1611. Scope of disapproval power. No manual of classifications, rules, rating plan, or any modification of any of the foregoing which establishes standards for measuring variations in hazards or expense provisions, or both, and which has been filed pursuant to the requirements…

41-1612. Adherence to filings. No insurer shall issue, renew, or continue in force in this state any worker’s compensation insurance at premium rates less than the rates applicable under the filings in effect for the insurer, or in effect in accordance with section 41-1607 (exemp…

41-1613. Excess rates. Upon the written application of the insured, stating his reasons therefor, filed with and approved by the director, a rate in excess of that provided by a filing otherwise applicable may be used on any specific risk.

41-1614. Deviations. (1) Every member of a rating organization shall adhere to the filings made on its behalf by such organization except that any such insurer may make written application to the director for permission to file a uniform percentage decrease or increase to be appl…

41-1615. Rating organization membership required. Every insurer, including the Idaho state insurance fund, writing workmen’s compensation insurance in this state shall be a member of a workmen’s compensation rating organization. No insurer may at the same time belong to more than…

41-1616. Rating organization minimum membership. Such a rating organization shall have as members not less than five (5) insurers authorized to write and writing workmen’s compensation insurance in this state, and whose combined experience is determined by the director to be reas…

41-1617. Rating organization committees. In a rating organization of which the Idaho state insurance fund is a member, the Idaho state insurance fund shall be entitled, without election, to membership on any committee thereof established in connection with the operation of the ra…

41-1619. Other provisions applicable. Subject to the express provisions of this chapter, the following sections of chapter 14, title 41, Idaho Code, shall, to the extent so applicable, also apply as to this chapter: (1) Section 41-1421 (technical services). (2) Section 41-1425 (a…

41-1620. Rating organizations. (1) A corporation, an unincorporated association, a partnership or an individual, whether located within or outside this state, may make application to the director for license as a rating organization for such kinds of insurance or subdivisions the…

41-1621. Appeal by minority. (1) Any member of or subscriber to a rating organization may appeal to the director from the action or decision of the rating organization in approving or rejecting any proposed change in or addition to the filings of the rating organization and the d…

41-1622. Information to insureds — Review of insured’s complaint. (1) Every rating organization and every insurer which makes its own rates shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charges as it may make, furnish…

41-1623. Appeal from filing. (1) Any person or organization aggrieved with respect to any filing which is in effect may make written application to the director for a hearing thereon, provided, however, that the insurer or rating organization that made the filing shall not be aut…

41-1624. Cooperation among rating organizations and insurers. Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this chapter is hereby authorized, providing the filings resulting from such coop…

41-1626. Compensation reimbursement option. Notwithstanding any other provision of this code, an insurer issuing a worker’s compensation insurance contract may include as part of the contract an option allowing a policyholder at the policyholder’s sole discretion, to reimburse th…

41-1701. Short title. This chapter may be cited as the "Business Transacted with Broker Controlled Insurer Act."

41-1702. Definitions. As used in this chapter: (1) "Accredited state" means a state in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the national association…