Title 41 — INSURANCE

41-227. Examination report. (1) The director or his examiner shall make a full and true written report of every examination made by him under this chapter, and shall verify the report by his oath. (2) The report shall comprise only facts appearing upon the books, papers, records …

41-228. Examination expense. (1) Every insurer or corporation so examined shall, at the direction of the director, pay the actual travel expenses, reasonable living expense allowance, and compensation, at reasonable rates customary for such examination and as approved by the dire…

41-229. Witnesses and evidence. (1) As to the subject of any examination, investigation, or hearing being conducted by him the director or any deputy or examiner appointed by him may administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence, and…

41-230. Testimony compelled — Immunity from prosecution. (1) If any person asks to be excused from attending or testifying or from producing any books, papers, records, contracts, documents, or other evidence in connection with any examination, hearing, or investigation being con…

41-231. Hearings and appeal — Scope of provisions. Except as otherwise provided in title 41, Idaho Code, and to the extent not inconsistent therewith, chapter 52, title 67, Idaho Code, shall apply as to all hearings and as to all appeals from the director relative to any matter t…

41-232. Hearings in general. (1) The director may hold a hearing which he deems necessary for any purpose within the scope of this code. (2) The director shall hold a hearing: (a) If required by any provision of this code; or (b) Upon written demand for a hearing by a person aggr…

41-232A. Hearings upon the denial, nonrenewal, suspension or revocation of a certificate of authority or license or imposition of administrative penalties. (1) In the event the director denies an applicant’s application for a certificate of authority or for a license, the directo…

41-234. Place of hearing — Admission of public. The hearing shall be held at the place designated by the director, and at his discretion it may be open to the public.

41-235. Notice of hearing. (1) Except where a longer period of notice is provided by other provisions of this code relative to particular matters, not less than fourteen (14) days in advance the director shall give notice of the time and place of the hearing, stating the matters …

41-236. Show cause notice. If any person is entitled to a hearing by any provision of the insurance code before any proposed action is taken, the notice of the proposed action may be in the form of a notice to show cause stating that the proposed action may be taken, unless such …

41-237. Adjourned hearing. The director may adjourn any hearing from time to time and from place to place without other notice of the adjourned hearing than announcement thereof at the hearing.

41-238. Nonattendance. The validity of any hearing held in accordance with the notice thereof shall not be affected by failure of any person to attend or to remain in attendance.

41-240. Order on hearing. (1) In the conduct of hearings under this code and making his order thereon, the director shall act in a quasi-judicial capacity. (2) Within thirty (30) days after termination of a hearing and completion of the transcript, if any, or of any rehearing the…

41-247. Inquiry powers of director. The director shall have power to direct an inquiry in writing to any person subject to his jurisdiction with respect to any insurance transaction or matter relative to a subject of insurance resident, located, or to be performed in this state. …

41-248. Interstate relations. If the matter that the director seeks to obtain by request is located outside the state, the person so requested may make it available to the director or his representative to examine the matter at the place where it is located. The director may desi…

41-249. Sharing of information among governmental agencies and the national association of insurance commissioners. (1) Any document, report, or other recorded information provided to the director by any federal, state or foreign regulatory or law enforcement agency, or any combi…

41-253. Statement of purpose — Adoption of international fire code. (1) The purpose of sections 41-253 through 41-269, Idaho Code, is to protect human life from fire, and to prevent fires. These sections are intended to prescribe regulations consistent with nationally recognized …

41-254. Powers and duties of state fire marshal — International fire code, enforcement and regulations — Reports. The state fire marshal shall be appointed by the director of the department of insurance, with the approval of the governor and shall serve at the pleasure of the dir…

41-255. Duties of state fire marshal. In addition to the duties prescribed in section 41-254, Idaho Code, the state fire marshal shall: (1) Administer and enforce this act. (2) Appoint, employ and discharge such deputies and other employees as in his judgment may be necessary, co…

41-256. Assistants to state fire marshal — Local appeal procedure. (1) The chief of the fire department, or his deputy, of every city or county, or fire protection district organized under state law in which a fire department is established, and in areas where no organized fire d…

41-257. State fire marshal as chief arson investigation officer. The state fire marshal shall be the chief arson investigation officer in the state, and shall have the same responsibility and power in arson investigation as a county sheriff. He shall not, however, interfere at an…

41-258. Report of losses by fire insurance companies to state fire marshal. Every fire insurance company authorized to transact business in this state is hereby required to report to the office of the state fire marshal, within seven (7) days after settlement of all fire losses o…

41-259. Inspection of buildings — Order of remedy or removal — Service of order. The state fire marshal, his deputies or assistants, upon the written and signed complaint of any person or whenever he or they shall deem it necessary, may at reasonable hours inspect buildings and p…

41-260. Appeal from order of remedy or removal — Appeal from local appeal decision. If an order to remedy or remove, or a local appeal decision regarding the interpretation of the International Fire Code or rules of the state fire marshal, is made by the deputies or assistants of…

41-261. Failure to comply with order of remedy or removal — Failure to comply with local decision or local appeal decision — Penalty — Civil action to recover penalty. Any owner or occupant failing to comply with such order or local decision, or local appeal decision within thirt…

41-262. Failure to comply with order of remedy or removal — Repair or demolition of premises — Expense. If any person fails to comply with the order of any officer, the state fire marshal or assistants to the state fire marshal under the preceding sections or with the order as mo…

41-263. Failure to pay expense of repair or demolition — Assessment. If, within thirty (30) days thereafter, such person shall fail, neglect or refuse to repay the expenses for demolishing or repair of said building incurred under the provisions of this act, to the state fire mar…

41-264. Investigative hearings — Subpoena of witnesses — Conduct of hearing. The state fire marshal or his deputies shall have the power to request the district court to subpoena witnesses and compel them to attend before them, or either of them, and to testify in relation to any…

41-265. Witness fees — Charge for service of process. Each person summoned and testifying before the state fire marshal, his deputies or assistants, shall on the certification of the fire marshal and upon audit of the proper officer of the state, receive such sum or sums for witn…

41-266. Admission of international fire code in evidence. A copy of the international fire code, 2000 edition, or later editions and supplements adopted by the state of Idaho, shall be received in any court in this state as conclusive evidence of the contents of said code.

41-268. Arson, fire and fraud prevention account. (1) There is hereby created an account in the agency asset fund in the state treasury, to be designated the "arson, fire and fraud prevention account." The account shall be used by the director of the department of insurance for e…

41-269. Liberal construction of act. It is hereby declared that this act is necessary for the public safety, health, peace and welfare, is remedial and preventive in nature, and shall be construed liberally.

41-286. Uniform claims processing. (1) Beginning July 1, 1995, all providers of health insurance coverage in Idaho shall use a uniform claim form/format and uniform billing and claim codes. (2) The uniform claim form/format and billing codes shall be promulgated by the director a…

41-287. Application of provisions adopted by national association of insurance commissioners. The department may not require an insurer to comply with any rule, regulation, directive or standard adopted by the national association of insurance commissioners unless application of …

41-288. Retaliatory requirement. Should an insurance department, commissioner, director, or other similar insurance regulatory official of any other state or territory of the United States, impose any sanctions, fines, penalties, financial or deposit requirements, prohibitions, r…

41-290. Fraudulent claims. Any insurer which has facts to support a belief that a fraudulent claim is being or has been made shall, within sixty (60) days of the receipt of such notice, send to the director of insurance, on a form prescribed by the director, the information reque…

41-291. Definitions. As used in sections 41-290 through and including 41-298, Idaho Code: (1) Sections 41-290 through 41-298, Idaho Code, shall be known as the "Idaho Arson and Fraud Reporting-Immunity Act." (2) "Authorized agencies" shall mean: (a) Any law enforcement agency of …

41-292. Disclosure of information by insurers. (1) The director of the department of insurance, state fire marshal or any authorized agency may, in writing, require the insurance company at interest to release to the requesting agency any or all relevant information or evidence d…

41-293. Insurance fraud. Insurance fraud includes: (1) (a) Any person who, with the intent to defraud or deceive an insurer for the purpose of obtaining any money or benefit, presents or causes to be presented to any insurer, producer, practitioner or other person, any statement …

41-294. Damage to or destruction of insured property. Any person who wilfully burns or in any other manner injures or destroys any property which is at the time insured against loss or damage, with intent to defraud or prejudice the insurer or for personal gain, whether the same …

41-295. Duties of the investigation section. The investigation section of the department of insurance shall have the following duties: (1) To conduct civil or criminal investigations within or outside this state as deemed necessary to determine whether any person has violated any…

41-296. Confidentiality — Compulsory testimony. (1) The department of insurance, state fire marshal or authorized agency described in section 41-291, Idaho Code, which has received any information furnished pursuant to section 41-258, 41-290 or 41-292, Idaho Code, shall hold the …

41-297. Disclosure requirements. (1) No person or agency shall intentionally or knowingly refuse to release any information requested pursuant to section 41-292(1) or (3), Idaho Code. (2) No person shall intentionally or knowingly refuse to provide authorized agencies relevant in…

41-298. Jurisdiction — Construction of provisions. (1) The provisions of this chapter shall not be construed to affect or repeal any ordinance of any municipality relating to fire prevention or the control of arson or fraud, but the jurisdiction of the state fire marshal, the dir…

41-301. "Stock" insurer defined. For the purposes of this code a "stock" insurer is an incorporated insurer with its capital divided into shares and owned by its stockholders.

41-302. "Mutual" insurer defined. A "mutual" insurer is an incorporated insurer without capital stock and the governing body of which is elected by its policy holders. This definition shall not be deemed to exclude as "mutual" insurers certain foreign insurers found by the direct…

41-302A. "Deposit guarantee" corporation defined. A deposit guarantee corporation is an incorporated insurer without capital stock, the members of which are policy holders and the governing body of which is elected by its members.

41-303. "Reciprocal" insurer defined. A "reciprocal" insurer is as defined in section 41-2902.

41-304. "Charter" defined. "Charter" means articles of incorporation, articles of agreement, articles of association or other basic constituent document of a corporation, or the power of attorney of a reciprocal insurer.

41-305. Certificate of authority required. (1) No person shall act as an insurer and no insurer or its agents, attorneys, subscribers, or representatives shall directly or indirectly transact insurance in this state except as authorized by a subsisting certificate of authority is…