Title 41 — INSURANCE

41-2211. Scope of act — Replacement of group disability insurance, group nonprofit hospital and medical service contracts and health care service plans. The provisions of this act shall apply to all policies of group disability insurance issued in this state pursuant to the provi…

41-2212. Definitions. In this act, unless the context otherwise requires: (1) "Carrier" shall mean the insurance company, nonprofit hospital and medical service corporation, or other entity responsible for the payment of benefits or provision of services under a policy. (2) "Depe…

41-2213. Policy standards — Disabled individuals. Every policy containing the benefits described in subsections (1), (2) and (3) of this section must contain a provision which provides for a reasonable extension of benefits with respect to employees or dependents who become total…

41-2214. Policy standards — Maternity benefits. If a policy provides any benefits for pregnancy, childbirth or miscarriage and if an employee or dependent covered for such benefit is pregnant at the time of discontinuance and is not eligible for any replacement group coverage wit…

41-2215. Policy standards — Replacement contracts. (1) Any carrier providing replacement coverage with respect to hospital, medical or surgical expense benefits within a period of sixty (60) days from the date of discontinuance of a prior policy providing such hospital, medical o…

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

41-2217. Services provided by governmental entities. (1) From and after July 1, 1990, no group or blanket 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 s…

41-2218. Mammography coverage. (1) From and after July 1, 1992, all group or blanket disability insurance policies 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 mi…

41-2220. Coverage provided to persons having insurance. An insurer providing group disability insurance coverage in this state shall make available to citizens of this state current major medical disability benefit policies under the terms set forth in this section. An insurer pr…

41-2221. Crediting of preexisting condition waiting period. (1) Health benefit plans covering large employers shall comply with the following provisions: (a) A health benefit plan shall not deny, exclude or limit benefits for a covered individual for covered expenses incurred mor…

41-2223. Renewability of coverage. (1) A health benefit plan subject to the provisions of this chapter shall be renewable with respect to all eligible employees or dependents, at the option of the employer, except in any of the following cases: (a) Nonpayment of the required prem…

41-2301. Declaration of purpose. The purpose of this chapter is to promote the public welfare by regulating credit life insurance and credit disability insurance. Nothing in this chapter is intended to prohibit or discharge or discourage reasonable competition. The provisions of …

41-2302. Short title. This chapter may be cited as "the model law for the regulation of credit life insurance and credit disability insurance".

41-2303. Scope of chapter. All life insurance and all disability insurance in connection with loans or other credit transactions shall be subject to the provisions of this chapter; except, that insurance in connection with a loan or other credit transaction of more than fifteen (…

41-2304. Definitions. For the purposes of this chapter: (1) "Credit life insurance" means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction. (2) "Credit disability insurance" means insurance on a debtor to provide inde…

41-2305. Forms of credit life insurance and credit disability insurance. Credit life insurance and credit disability insurance shall be issued only in the following forms: (1) Individual policies of life insurance issued to debtors on the term plan. (2) Individual policies of dis…

41-2306. Amount of insurance. (1) Credit life insurance: (a) The amount of credit life insurance shall not exceed the initial indebtedness, however the indebtedness may be repayable. (b) In cases where an indebtedness is repayable in substantially equal instalments, the amount of…

41-2307. Term of credit life insurance and credit disability insurance. The term of any credit life insurance or credit disability insurance shall, subject to acceptance by the insurer, commence on the date when the debtor becomes obligated to the creditor, except that, where a g…

41-2308. Provisions of policies and certificates of insurance — Disclosure to debtors. (1) All credit life insurance and credit disability insurance shall be evidenced by an individual policy, or in the case of group insurance by a certificate of insurance, which individual polic…

41-2309. Filing, approval and withdrawal of forms. (1) All policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders delivered or issued for delivery in this state and the schedule of premium rates pertaining thereto s…

41-2310. Premiums and refunds. (1) Any insurer may revise its schedules of premium rates from time to time, and shall file such revised schedules with the director. No insurer shall issue any credit life insurance or credit disability insurance policy for which the premium rate e…

41-2311. Issuance of policies. All policies of credit life insurance and credit disability insurance shall be delivered or issued for delivery in this state only by an insurer authorized to do an insurance business therein, and shall be issued only through holders of licenses or …

41-2312. Claims. (1) All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All claims shall be settled as soon as possible and in accordance with the terms of the insurance contract. (2) A…

41-2313. Existing insurance — Choice of insurer. When credit life insurance or credit disability insurance is required as additional security for any indebtedness, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of insurance throu…

41-2314. Enforcement. The director may, after notice and hearing, issue such rules and regulations as he deems appropriate for the supervision of this chapter. Whenever the director finds that there has been a violation of this chapter or any rules or regulations issued pursuant …

41-2316. Penalties. In addition to any other penalty provided by law, any person who violates an order of the director after it has become final, and while such order is in effect, shall, upon proof thereof to the satisfaction of the court, forfeit and pay to the state of Idaho a…

41-2401. Standard fire policy. (1) No fire insurer shall issue any fire insurance policy covering on property or interest therein in this state, other than on the form known as the New York standard as revised in 1943, except as follows: (a) An insurer may print on or in its poli…

41-2501. Contracts are subject to general provisions. All contracts of casualty insurance covering subjects of insurance resident, located, or to be performed in this state are subject to the applicable provisions of chapter 18 (the insurance contract), and to the other applicabl…

41-2502. Uninsured motorist and underinsured motorist coverage for automobile insurance — exceptions. (1) Except as otherwise provided in subsection (2) of this section, no owner’s or operator’s policy of motor vehicle liability insurance that is subject to the requirements of se…

41-2503. Definitions and application. (1) For the purposes of uninsured motorist coverage, the term "uninsured motor vehicle" shall, subject to the terms and conditions of such coverage, be deemed to include an insured motor vehicle where the liability insurer thereof is unable t…

41-2504. Application of uninsured motorist coverage. An insurer’s insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured’s uninsured motorist coverage is in effect where the liability insurer of the tortfeasor becomes ins…

41-2505. Subrogation rights of insurer. In the event of payment to an insured under the coverage required by this section and subject to the terms and conditions of such coverage, the insurer making such payment shall, to the extent thereof, be entitled to the proceeds of any set…

41-2506. Cancellation of policies — Definitions. (1) As used in sections 41-2506 through 41-2512, Idaho Code: (a) "Policy" means any one (1) or more of the following portions of an automobile insurance policy, delivered or issued for delivery in this state, insuring a natural per…

41-2507. Cancellation of policies — Grounds. No notice of cancellation of a policy shall be effective and the insurer shall not refuse renewal of a policy, unless based on one (1) or more of the following reasons: (1) Nonpayment of premium; or (2) The policy was obtained through …

41-2508. Notice of cancellation or intention not to renew. (1) No cancellation of a policy to which section 41-2506 of this act applies shall be effective unless notice thereof is mailed or delivered by the insurer to the named insured at least twenty (20) days prior to the effec…

41-2509. Cancellations and nonrenewal — Exceptions to. Nothing contained in sections 41-2506 through 41-2512 of this act shall be construed to prevent the cancellation or nonrenewal of any such insurance where: (1) Cancellation or nonrenewal is ordered under or in connection with…

41-2510. Exclusion and cancellation of designated individuals. Except as respects the legal liability of the named insured, the insurer shall have the right to exclude, cancel or refuse to renew coverage under an automobile insurance policy as to designated individuals. Any such …

41-2511. Deductible — Permissive. Nothing in sections 41-2506 through 41-2512, Idaho Code, shall prohibit, or be construed to prohibit, an insurer from requiring a provision for a reasonable deductible not exceeding two hundred fifty dollars ($250) in amount as to comprehensive c…

41-2512. Relieving liability for disclosure of cancellation and nonrenewal information. There shall be no liability on the part of and no cause of action of any nature shall arise against the director, or the insurer, its authorized representative, its agents, its employees, or a…

41-2513. Workmen’s compensation policies — Segregation of participating and nonparticipating business. (1) With respect to workmen’s compensation insurance delivered or issued for delivery in this state, the insurer shall not pay dividends to the holders of participating insuranc…

41-2514. Medical payments limitation prohibited. Recovery of costs incurred for injuries sustained under an automobile medical payments insurance contract shall not be limited to less than three (3) years from the date of the injury. This section shall not pertain to any injury t…

41-2515. Discount for certain age groups. (1) Any insurer offering for sale an automobile insurance policy, as policy is defined in subsection (a) of section 41-2506, Idaho Code, in which there is insured a principal operator who is fifty-five (55) years of age or older, shall pr…

41-2516. Optional suspension of automobile insurance coverage. (1) If a person enters into a contract with an insurer for coverage under an automobile insurance policy as defined in section 41-2506, Idaho Code, the insurer may allow the person to suspend policy coverages. The sus…

41-2517. short title. Sections 41-2517 through 41-2521, Idaho Code, shall be known and may be cited as the "Idaho Transportation Network Insurance Act."

41-2518. definitions. As used in this act: (1) "Digital network" means any online enabled application, software, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers. (2) "Dr…

41-2519. financial responsibility of transportation network companies and drivers — proof of coverage. (1) Effective July 1, 2015, and thereafter, a transportation network company driver or transportation network company on the driver’s behalf shall maintain primary automobile in…

41-2520. DISCLOSURES. The transportation network company shall disclose in writing to transportation network company drivers the following before they are allowed to accept a request for a prearranged ride on the transportation network company’s digital network: (1) The insurance…

41-2521. automobile insurance. (1) Insurers that write automobile insurance in this state may exclude or continue to exclude any and all coverage afforded under the owner’s insurance policy for any loss or injury that occurs while a driver is logged on to a transportation network…

41-2603. Justification of surety — Director’s certificate as evidence. (1) The director is authorized to issue to any person applying therefor, a certificate showing that any surety insurer that has complied with the laws of the state of Idaho is qualified to do a surety business…

41-2604. May be sole surety on bonds. Whenever any bond, undertaking, recognizance or other obligation is by law, or by the charter, ordinances, rules or regulations of any municipality, board, body, organization, court, judge or public officer, required or permitted to be made, …