Title 41 — INSURANCE

41-2917. Annual statement. (1) The annual statement of a reciprocal insurer shall be made and filed by its attorney or the administrator of a joint powers entity. (2) The statement shall be supplemented by such information as may be required by the director relative to the affair…

41-2918. Financial condition — Method of determining. In determining the financial condition of a reciprocal insurer the director shall apply the following rules: (1) He shall charge as liabilities the same reserves as are required of incorporated insurers issuing nonassessable p…

41-2919. Who may be subscribers. (1) Individuals, partnerships, associations and corporations, public or private, of this state, hereby designated as subscribers, are authorized to exchange reciprocal or interinsurance contracts with each other, or with individuals, partnerships,…

41-2920. Subscribers’ advisory committee. (1) The advisory committee of a domestic reciprocal insurer exercising the subscribers’ rights shall be selected under such rules as the subscribers adopt. (2) Not less than two-thirds (2/3) of such committee shall be subscribers other th…

41-2921. Subscribers’ liability. (1) The liability of each subscriber, other than as to a nonassessable policy, for the obligations of the reciprocal insurer shall be an individual, several and proportionate liability, and not joint. When all participants in a reciprocal insurer …

41-2922. Subscribers’ liability on judgment. (1) No action shall lie against any subscriber upon any obligation claimed against the insurer until a final judgment has been obtained against the insurer and remains unsatisfied for thirty (30) days. (2) Any such judgment shall be bi…

41-2923. Assessments. (1) Assessments may from time to time be levied upon subscribers of a domestic reciprocal insurer liable therefor under the terms of their policies by the attorney upon approval in advance by the subscribers’ advisory committee and the director; or by the di…

41-2924. Time limit for assessment. Every subscriber of a domestic reciprocal insurer having contingent liability shall be liable for, and shall pay his share of any assessment, as computed and limited in accordance with this chapter, if: (1) While his policy is in force or withi…

41-2925. Aggregate liability. No one policy or subscriber as to such policy, shall be assessed or charged with an aggregate of contingent liability as to obligations incurred by a domestic reciprocal insurer in any one calendar year, in excess of the amount provided for in the po…

41-2926. Nonassessable policies. (1) Nongovernmental entities. If a reciprocal insurer has a surplus of assets over all liabilities at least equal to the total surplus required in section 41-313, Idaho Code, as to such insurer, upon application of the attorney and as approved by …

41-2927. Distribution of savings. A reciprocal insurer may from time to time return to its subscribers any unused premiums, savings or credits accruing to their accounts. Any such distribution shall not unfairly discriminate between classes of risks, or policies, or between subsc…

41-2928. Subscribers’ share in assets. Upon the liquidation of a domestic reciprocal insurer, its assets remaining after discharge of its indebtedness and policy obligations, the return of any contributions of the attorney or other persons to its surplus made as provided in secti…

41-2929. Merger or conversion. (1) A domestic reciprocal insurer upon affirmative vote of not less than two-thirds (2/3) of its subscribers who vote on such merger pursuant to due notice and the approval of the director of the terms therefor, may merge with another reciprocal ins…

41-2930. Impaired reciprocals. (1) If the assets of a reciprocal insurer are at any time insufficient to discharge its liabilities, other than any liability on account of funds contributed by the attorney or others, and to maintain the required surplus, its attorney shall forthwi…

41-3001. Definitions. As used in this chapter: (1) "Contract" means an annuity contract. The term "contract" shall not include an annuity used to fund an employment-based retirement plan or program where: (a) The insurer does not perform the recordkeeping services; or (b) The ins…

41-3002. insurer conduct. (1) An insurer shall perform a comparison of its insureds’ in-force policies, contracts and retained asset accounts against a death master file, on at least a semiannual basis, by using the full death master file once and thereafter using the death maste…

41-3003. unfair trade practice. Failure to meet any requirement of this act with such frequency as to constitute a general business practice is a violation of chapter 13, title 41, Idaho Code. Nothing contained in this section shall be construed to create or imply a private cause…

41-3101. Scope of chapter — Provisions exclusive. (1) This chapter applies only to domestic county mutual fire insurers as heretofore organized or doing business under the provisions of title 41, chapter 23, Idaho Code (prior to 1961 revision), or as hereafter organized under thi…

41-3102. Organization of county mutual fire insurers. (1) Twenty-five (25) or more citizens of Idaho, each of whom shall be owner of substantial insurable property in a county of this state within which the insurer proposes to do business, may hereafter incorporate a county mutua…

41-3102A. Conversion into domestic mutual. (1) A county mutual insurer upon affirmative vote of not less than two-thirds (2/3) of its members who vote on such conversion, pursuant to due notice, and the approval of the director of the terms therefor, may be converted to a domesti…

41-3103. Filing of articles — Commencement of business. (1) The articles of incorporation of a proposed new county mutual fire insurer, after due execution and acknowledgment as provided in section 41-3102, shall be filed as required by those provisions of section 41-2805 (filing…

41-3104. Insuring powers. Within the limits of restrictions set forth in its articles of incorporation and otherwise under this chapter, such an insurer may: (1) Issue property insurance, as defined in section 41-504, Idaho Code, as to farm property and personal property reasonab…

41-3104A. Property used to fight fires — Charges. Any county mutual fire insurer may acquire and dispose of real and personal property necessary to prevent, abate or extinguish fires. Non-discriminatory, reasonable charges based on insurable value, as approved by the director, ma…

41-3105. Insurer’s territory. An insurer shall insure only such property as it is otherwise authorized to insure under this chapter, and which is located within one (1) or more of the counties of this state within which the insurer may transact insurance as provided by its articl…

41-3106. Limit of risk. (1) The maximum amount of insurance which an insurer shall retain as to any one (1) subject of insurance, after deduction of applicable reinsurance, shall not exceed ten per cent (10%) of the insurer’s admitted assets or twenty-five thousand dollars ($25,0…

41-3107. Reinsurance. A county mutual fire insurer may cede reinsurance to another county mutual fire insurer or to any insurer authorized in this state to transact the kind of insurance involved or approved by the director. A county mutual fire insurer shall accept reinsurance o…

41-3108. Certificate of authority required. (1) No county mutual fire insurer shall transact insurance except as authorized by a subsisting certificate of authority issued to it by the director. (2) To apply for a certificate of authority the insurer shall file with the director …

41-3109. Directors. (1) The affairs of the insurer shall be under the direction of a board of directors comprised of not less than nine (9) nor more than twenty-five (25) members of the insurer. (2) After expiration of the term of initial directors, if any, as provided for in the…

41-3110. Members. (1) Every policyholder of the insurer is thereby a member of the insurer, with all of the rights and liabilities of membership. (2) All policies issued by the insurer shall state specifically that the liability of each member is not limited. All persons becoming…

41-3111. Advance payments by members. The insurer shall not charge the member, and no member of the insurer shall pay to the insurer, in connection with the inception of insurance in the insurer or any renewal or continuation of such insurance, any charge or amount in excess of s…

41-3112. Assessments. (1) A county mutual fire insurer may from time to time assess and collect from its members, and from the owners or trustees of churches or public halls insured by it, such sums of money as may be necessary to pay losses incurred under policies issued by the …

41-3112A. Advance premiums — Return premiums. (1) Advance premiums. A county mutual insurer having a surplus over all liabilities of not less than $50,000, including a liability for unearned premiums, and for so long as such surplus is continuously maintained, such insurer may bi…

41-3113. Expenses. (1) The operating expenses of the insurer shall be reasonable in amount in relation to the volume of business transacted and insurance losses incurred. (2) The insurer’s by-laws shall contain reasonable limitations of all such expenses, and such provisions and …

41-3114. Investments. (1) The insurer may invest and have invested such funds as it may have on hand pursuant to this chapter but not necessary to expend for current expenses and losses, in investments as authorized by the following sections of the Idaho Code only: (a) Section 41…

41-3115. Site for head office. (1) The board of directors of an insurer may purchase, hold and convey in the name of and for the insurer, real estate for a site for its principal or head office when authorized so to do by the affirmative vote of a majority of the members present …

41-3116. Records — Annual statement. (1) The insurer shall keep at its head office records and accounts of its transactions, claims, and affairs in such form and with such completeness as may be reasonably necessary for the identification and examination thereof. (2) Annually on …

41-3117. Amendment of articles of incorporation. (1) The articles of incorporation of such an insurer may be amended in any lawful respect by approval by its board of directors by affirmative vote of at least two-thirds (2/3) of all its directors and by adoption thereafter by aff…

41-3118. Fees. (1) Every county mutual fire insurer shall pay to the director all fees in advance as provided for by regulation. (2) The director shall transmit and report all fees so collected by him as provided in section 41-406, Idaho Code.

41-3119. Other provisions applicable. The following chapters and provisions of this code shall also apply to county mutual fire insurers to the extent so applicable and not inconsistent with the express provisions of this chapter and the reasonable implications of such express pr…

41-3201. Fraternal benefit societies. Any incorporated society, order or supreme lodge, without capital stock, including one exempted under the provisions of section 41-3237(1)(b), Idaho Code, whether incorporated or not, conducted solely for the benefit of its members and their …

41-3202. Lodge system. (1) A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated or admitted in accordance with its laws, rules and ritual. Subordinate lodges shall be required by the laws of…

41-3203. Representative form of government. A society has a representative form of government when: (1) It has a supreme governing body constituted in one (1) of the following ways: (a) Assembly. The supreme governing body is an assembly composed of delegates elected directly by …

41-3204. Terms used. Whenever used in this chapter: (1) "Benefit contract" shall mean the agreement for provision of benefits authorized by section 41-3216, Idaho Code, as that agreement is described in section 41-3219(1), Idaho Code. (2) "Benefit member" shall mean an adult memb…

41-3205. Purposes and powers. (1) A society shall operate for the benefit of members and their beneficiaries by: (a) Providing benefits as specified in section 41-3216, Idaho Code; and (b) Operating for one (1) or more social, intellectual, educational, charitable, benevolent, mo…

41-3206. Qualifications for membership. (1) A society shall specify in its laws or rules: (a) Eligibility standards for each and every class of membership, provided that if benefits are provided on the lives of children, the minimum age for adult membership shall be set at not le…

41-3207. Location of office, meetings, communications to members, grievance procedures. (1) The principal office of any domestic society shall be located in this state. The meetings of its supreme governing body may be held in any state, district, province or territory wherein su…

41-3208. No personal liability. (1) The officers and members of the supreme governing body or any subordinate body of a society shall not be personally liable for any benefits provided by a society. (2) Any person may be indemnified and reimbursed by any society for expenses reas…

41-3209. Waiver. The laws of the society may provide that no subordinate body, nor any of its subordinate officers or members shall have the power or authority to waive any of the provisions of the laws of the society. Such provision shall be binding on the society and every memb…

41-3210. Organization. A domestic society organized on or after the effective date of this act shall be formed as follows: (1) Seven (7) or more citizens of the United States, a majority of whom are citizens of this state, who desire to form a fraternal benefit society, may make,…

41-3211. Amendments to laws. (1) A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof or, if its laws so provide, by referendum. Such referendum may be held in accordance …