Title 41 — INSURANCE

41-1703. Applicability. This chapter shall apply to licensed insurers as defined in section 41-1702, Idaho Code, either domiciled in this state or domiciled in a state that is not an accredited state having in effect a substantially similar law. All provisions of chapter 38, titl…

41-1704. Minimum standards. (1) The provisions of this section: (a) Shall apply if, in any calendar year, the aggregate amount of gross written premium on business placed with a controlled insurer by a controlling broker is equal to or greater than five percent (5%) of the admitt…

41-1705. Disclosure. The broker, prior to the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between the broker and the controlled insurer; except that, if the business is placed through a subbroker who is not a c…

41-1706. Penalties. (1) If the director believes that the controlling broker or any other person has not materially complied with the provisions of this chapter, or any regulation or order promulgated hereunder, after notice and opportunity to be heard, the director may order the…

41-1801. Scope of chapter. This chapter applies as to all insurance contracts and annuity contracts, other than: (1) Reinsurance. (2) Policies or contracts not issued for delivery in this state nor delivered in this state. (3) Wet marine and transportation insurance. Provided, ho…

41-1802. "Policy" defined. "Policy" means the written contract of or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, endorsements and papers which are a part thereof.

41-1803. "Premium" defined. "Premium" is the consideration for insurance by whatever name called. Any "assessment," or any "membership," "policy," "survey," "inspection," "service" or similar fee or other charge in consideration for an insurance contract is deemed part of the pre…

41-1804. Insurable interest — Personal insurance. (1) Any individual of competent legal capacity may procure or effect an insurance contract upon his own life or body for the benefit of any person. But, except as provided in section 41-1805, no person shall procure or cause to be…

41-1805. Life insurance for benefit of certain institutions. (1) Contracts of life insurance may be made and entered into in which the person paying the consideration for such insurance has no insurable interest in the life of the person insured, where charitable, benevolent, edu…

41-1806. Insurable interest — Property. (1) No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured as at the time of…

41-1807. Power to contract — Purchase of insurance by minors. (1) Any person of competent legal capacity may contract for insurance. (2) Any minor not less than fifteen (15) years of age, notwithstanding his minority, may contract for annuities or for insurance upon his own life,…

41-1808. Application required — Life and disability insurance. No life or disability insurance contract upon an individual, except a contract of group life insurance or of group or blanket disability insurance, shall be made or effectuated unless at the time of the making of the …

41-1809. Alteration of application — Life and disability insurance. No alteration of any written application for any life or disability insurance policy shall be made by any person other than the applicant without his written consent, except that insertions may be made by the ins…

41-1810. Application as evidence. (1) No application for the issuance of any life or disability insurance policy or annuity contract shall be admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or otherwi…

41-1811. Representations in applications. All statements and descriptions in any application for an insurance policy or annuity contract, or in negotiations therefor, by or in behalf of the insured or annuitant, shall be deemed to be representations and not warranties. Misreprese…

41-1812. Filing, use and disapproval of forms. (1) No basic insurance policy or annuity contract form, or application form where written application is required and is to be made a part of the policy or contract, or printed rider or endorsement form or form of renewal certificate…

41-1813. Grounds for disapproval. The director shall disapprove any form filed under section 41-1812, or withdraw any previous approval thereof, only on one or more of the following grounds: (1) Is in any respect in violation of or does not comply with this code. (2) Contains or …

41-1814. Standard provisions in general. (1) Insurance contracts shall contain such standard or uniform provisions as are required by the applicable provisions of this code pertaining to contracts of particular kinds of insurance. The director may waive the required use of a part…

41-1815. Contents of policies in general. (1) Every policy shall specify: (a) The names of the parties to the contract. (b) The subject of the insurance. (c) The risks insured against. (d) The time when the insurance thereunder takes effect and the period during which the insuran…

41-1816. Assessment policies — Special contents. Every policy delivered or issued for delivery in this state by an insurer otherwise than authorized under other express provisions of this code to transact such insurance in this state on the assessment plan, together with the form…

41-1817. Additional policy contents. A policy may contain additional provisions not inconsistent with this code and which are: (1) Required to be inserted by the laws of the insurer’s domicile; (2) Necessary, on account of the manner in which the insurer is constituted or operate…

41-1818. Charter and by-law provisions. No policy shall contain any provision purporting to make any portion of the charter, by-laws or other constituent document of the insurer (other than the subscriber’s agreement or power of attorney of a reciprocal insurer) a part of the con…

41-1819. Execution of policies. (1) Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney in fact, employee, or representative duly authorized by the insurer. (2) A facsimile signature of any such executing individual may be…

41-1820. Underwriters’ and combination policies. (1) Two (2) or more authorized insurers may jointly issue, and shall be jointly and severally liable on, an underwriters’ policy bearing their names. Any one (1) insurer may issue policies in the name of an underwriter’s department…

41-1821. Validity and construction of noncomplying forms. (1) A policy hereafter delivered or issued for delivery to any person in this state in violation of this code, but otherwise binding on the insurer, shall be held valid, but shall be construed as provided in this code. (2)…

41-1822. Construction of policies. Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any rider, endorsement, or application lawfully made a part of the policy.

41-1823. Binders. (1) Binders or other contracts for temporary insurance may be made orally or in writing and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such supplemental information and applicable endorsements as a…

41-1824. Delivery of policy. (1) Subject to the insurer’s requirements as to payment of premium, every policy shall be mailed or delivered to the insured or to the person entitled thereto within a reasonable period of time after its issuance except where a condition required by t…

41-1825. Renewal by certificate. Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option of the insurer and upon a currently authorized policy form and at the premium rate then required the…

41-1826. Assignment of policies. A policy may be assignable or not assignable, as provided by its terms. Subject to its terms relating to assignability, any life or disability policy, whether heretofore or hereafter issued, under the terms of which the beneficiary may be changed …

41-1827. Right to inspect policies in force. The director shall have the right to inspect any policy covering any risk in this state, and every policyholder shall produce and exhibit any policy in his possession or control when required for such inspection. Any person who violate…

41-1828. Payment discharges insurer — Payment to marital community. (1) Whenever the proceeds of or payments under a life or disability insurance policy or annuity contract heretofore or hereafter issued become payable in accordance with the terms of such policy or contract, or t…

41-1830. notice of lapse or termination of individual life insurance. (1) Notwithstanding the provisions of section 41-1927, Idaho Code, an individual life insurance policy shall not be issued or delivered in this state until the applicant has been afforded the option of designat…

41-1831. Forms for proof of loss to be furnished. An insurer shall furnish, upon written request of any person claiming to have a loss under an insurance contract issued by such insurer, forms of proof of loss for completion by such person, but such insurer shall not, by reason o…

41-1832. Claims administration not waiver. Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer thereunder:…

41-1833. Exemption of proceeds — Life insurance. (1) If a policy of insurance, whether heretofore or hereafter issued, is effected by any person on his own life, or on another life, in favor of a person other than himself, or, except in cases of transfer with intent to defraud cr…

41-1834. Exemption of proceeds — Disability insurance. Except as may otherwise be expressly provided by the policy or contract, the proceeds or avails of all contracts of disability insurance and of provisions providing benefits on account of the insured’s disability which are su…

41-1835. Exemption of proceeds — Group insurance. (1) A policy of group life insurance or group disability insurance or the proceeds thereof payable to the individual insured or to the beneficiary thereunder, shall not be liable, either before or after payment, to be applied by a…

41-1836. Exemption of proceeds — Annuity contracts — Assignability of rights. (1) The benefits, rights, privileges and options which under any annuity contract heretofore or hereafter issued are due or prospectively due the annuitant, shall not be subject to execution nor shall t…

41-1837. Return of unearned premiums on destruction of property. In the event of the total destruction of any insured property, on which the total amount of loss or agreed loss shall be less than the total amount insured thereon, the insurer or insurers shall return to the insure…

41-1838. Venue of suits against insurers. Suit upon causes of action arising within this state against an insurer upon an insurance contract shall be brought in the county where the cause of action arose or in the county where the policy holder instituting such action resides.

41-1839. Allowance of attorney’s fees in suits against or in arbitration with insurers. (1) Any insurer issuing any policy, certificate or contract of insurance, surety, guaranty or indemnity of any kind or nature whatsoever that fails to pay a person entitled thereto within thir…

41-1840. Prepayment of claims. (1) No payment or payments made by any person, or by his insurer by virtue of an insurance policy, on account of bodily injury or death or damage to or loss of property of another, shall constitute an admission of liability or waiver of defense as t…

41-1841. Block cancellations and block nonrenewals — Notice to director required. (1) Any insurer intending to implement block cancellations or block nonrenewals of insurance policies shall provide the director written notice of such intentions no later than one hundred twenty (1…

41-1842. Commercial insurance — Cancellation — Nonrenewal. (1) Applicability. The provisions of this section apply only to: (a) Commercial property insurance policies; (b) Commercial liability insurance policies other than aviation and employer’s liability insurance policies; (c)…

41-1843. Insurance rates and credit rating. (1) No insurer regulated pursuant to this title shall charge a higher premium than would otherwise be charged, or cancel, nonrenew or decline to issue a property or casualty policy or coverage based primarily upon an individual’s credit…

41-1844. Prescription drug benefit restrictions prohibited. (1) A group policy or contract providing for third-party payment or prepayment for prescription drugs may designate an affiliated mail order pharmacy or other specific pharmacy but it shall not require a person covered u…

41-1845. Recreational-related activities. (1) No company providing health insurance benefits may: (a) Deny health care coverage to any individual based solely on that individual’s casual or nonprofessional participation in the following activities: motorcycling, snowmobiling, off…

41-1846. Health care policies — Applicability — Requirement. (1) An insurer offering a health care policy that does not meet the definition of a managed care plan as provided in section 41-3903(15), Idaho Code: (a) Must have the intent to render and the capability for rendering o…

41-1847. Assignment of health insurance contracts. (1) No insurer, as defined in section 41-5601, Idaho Code, shall assign the benefits of any contract with a practitioner or facility, as defined in section 41-5601, Idaho Code, that contains an agreement by the practitioner or fa…