41-1201. REPRESENTING OR AIDING UNAUTHORIZED INSURER PROHIBITED. (1) No person shall in this state directly or indirectly act as agent for, or otherwise represent or aid on behalf of another, any insurer not then authorized to transact such insurance in this state, in the solicitation, negotiation, procurement or effectuation of insurance or annuity contracts, or […]
41-1202. REPRESENTING OR AIDING UNAUTHORIZED INSURER PROHIBITED — PENALTY. Any person who violates section 41-1201[, Idaho Code,] shall upon conviction thereof be guilty of a misdemeanor punishable by a fine of not to exceed two thousand dollars ($2,000) or by imprisonment in the county jail for not to exceed six (6) months, or by both […]
41-1203. SUITS BY UNAUTHORIZED INSURER PROHIBITED. (1) No unauthorized insurer shall institute or file, or cause to be instituted or filed, any suit, action or proceeding in this state to enforce any right, claim or demand arising out of any insurance transaction in this state. (2) This section does not apply as to: (a) Transactions […]
41-1204. UNAUTHORIZED INSURERS PROCESS ACT — TITLE — INTERPRETATION. (1) Sections 41-1204 through 41-1210[, Idaho Code,] constitute and may be cited as the Unauthorized Insurers Process Act. (2) Such act shall be so interpreted as to effectuate its general purpose to make uniform the law of those states which enact it. History: [41-1204, added 1961, […]
41-1205. PURPOSE OF PROCESS ACT. The purpose of the unauthorized insurers process act is to subject certain insurers to the jurisdiction of courts of this state in suits by or on behalf of insureds or beneficiaries under insurance contracts. The legislature declares that it is a subject of concern that many residents of this state […]
41-1206. ACTS CONSTITUTING DIRECTOR AS PROCESS AGENT. Any of the following acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer, is equivalent to and shall constitute an appointment by such insurer of the director to be its true and lawful attorney, upon whom may be served all lawful […]
41-1207. HOW PROCESS IS SERVED — DEFAULT JUDGMENT. (1) Such service of process shall be made as provided for in section 41-334(1), [Idaho Code,] and: (a) The director shall forthwith mail by registered mail one (1) of the copies of such process to the defendant at its last known principal place of business, and shall […]
41-1208. DEFENSE OF ACTION BY UNAUTHORIZED INSURER. (1) Before any unauthorized foreign or alien insurer shall file or cause to be filed any pleading in any action, suit or proceeding instituted against it, such unauthorized insurer shall: (a) Deposit with the clerk of the court in which such action, suit or proceeding is pending, cash […]
41-1209. UNAUTHORIZED INSURER FAILING TO PAY CLAIM — ATTORNEY FEES. In any action against an unauthorized foreign or alien insurer, upon a contract of insurance issued or delivered in this state to a resident thereof, or to a corporation authorized to do business therein, if the insurer has failed for thirty (30) days after demand […]
41-1210. EXEMPTIONS FROM PROCESS ACT. The provisions of this unauthorized insurers process act shall not apply to any action, suit or proceeding against any unauthorized foreign or alien insurer arising out of any contract of: (1) Reinsurance, ocean marine, aircraft or railway insurance; (2) Insurance effectuated in accordance with the surplus line law or any […]
41-1211. SURPLUS LINE LAW — SHORT TITLE — PURPOSE. (1) Sections 41-1211 through 41-1234, Idaho Code, constitute and may be cited as the "surplus line law." (2) It is declared that the purposes of the surplus line law are to provide orderly access for the insuring public of Idaho to insurers not authorized to transact […]
41-1212. EXEMPTIONS FROM SURPLUS LINE LAW. (1) The provisions of this surplus line law controlling the placing of insurance with unauthorized insurers shall not apply to reinsurance or, except as to subsection (2) below, to the following insurances when so placed by licensed agents or surplus line brokers of this state: (a) Ocean marine and […]
41-1213. DEFINITIONS. As used in this chapter and any applicable rules, the following definitions shall apply: (1) "Affiliated" means, with respect to an insured, any entity that controls, is controlled by or is under common control with the insured. (2) "Affiliated group" means any group of entities that are all affiliated. (3) "Broker" means a […]
41-1214. CONDITIONS FOR EXPORT. If certain insurance coverages cannot be procured from authorized insurers, such coverages, hereinafter designated "surplus lines," may be procured from unauthorized insurers, subject to the following conditions: (1) The insurance must be procured through a licensed surplus line broker who is a member of a surplus line association approved by the […]
41-1215. BROKER’S AFFIDAVIT. At the time of procuring any such surplus line insurance the broker shall execute an affidavit, in form as prescribed or accepted by the director, setting forth facts from which it can be determined whether such insurance was eligible for export under section 41-1214, Idaho Code. The broker shall file, or cause […]
41-1216. OPEN LINES FOR EXPORT. (1) The director may by order or by rule declare eligible for export generally and without compliance with the provisions of sections 41-1214(2), 41-1214(3) and 41-1215, Idaho Code, any class or classes of insurance coverage or risk which he finds, consistent with the procedural requirements of chapter 52, title 67, […]
41-1217. ELIGIBLE SURPLUS LINES INSURERS. (1) A broker shall not knowingly place surplus lines insurance with an insurer that is unsound financially, or that is ineligible under this section. (2) The director shall from time to time compile or approve a list of all surplus lines insurers deemed by him to be eligible currently, and […]
41-1218. ELIGIBLE SURPLUS LINE INSURERS — PENALTY FOR VIOLATION. (1) For any violation of section 41-1217, Idaho Code, the broker or a person who independently procures its own insurance shall, upon conviction thereof, be guilty of a misdemeanor punishable as provided in section 41-117, Idaho Code (general penalty). (2) The director may impose an administrative […]
41-1219. EVIDENCE OF THE INSURANCE — CHANGES — PENALTY. (1) Upon placing a surplus line coverage, the broker shall promptly issue and deliver to the insured evidence of the insurance consisting either of the policy as issued by the insurer or, if such policy is not then available, a certificate showing the description and location […]
41-1220. ENDORSEMENT OF CONTRACT. Every insurance contract procured and delivered as a surplus lines coverage pursuant to this law shall have stamped upon it, either in red ink with at least ten (10) point bold print or in black ink with at least twelve (12) point bold print, and bear the name of the surplus […]
