41-114B. LEGAL SERVICE EXPENSE PLANS. (1) The term "legal service expense plan," as used in this section, means a contract or agreement for a stated consideration between a plan administrator and a member or group of members, whereby the member pays the administrator, in advance or by installments, for the receipt of professional legal services, advice or representation. Such services in Idaho shall be provided by attorneys at law licensed in Idaho. The attorneys shall be prepaid under a contract or agreement with the administrator to provide specified legal services for the express benefit of the plan member and shall agree to render services to the member when required.
(2) The marketing, sale, contracting, issuance of a contract, plan administration and delivery of services under a legal service expense plan are exempt from all other provisions of title 41, Idaho Code. In addition, such plans shall not be characterized as "insurance" when marketed in Idaho.
(3) Legal service expense plans, but not law firm retainer agreements, shall be subject to the provisions of the Idaho consumer protection act, chapter 6, title 48, Idaho Code, and attorneys providing service shall be subject to the provisions relating to the regulation of the practice of law under title 3, Idaho Code.
History:
[41-114B, added 2001, ch. 127, sec. 1, p. 449.]
Structure Idaho Code
Chapter 1 - SCOPE OF INSURANCE CODE — GENERAL PROVISIONS
Section 41-102 - “INSURANCE” DEFINED.
Section 41-103 - “INSURER” DEFINED.
Section 41-104 - “PERSON” DEFINED.
Section 41-105 - “DIRECTOR,” “DEPARTMENT” DEFINED.
Section 41-106 - “DOMESTIC,” “FOREIGN,” “ALIEN” INSURER DEFINED.
Section 41-107 - “STATE” DEFINED.
Section 41-108 - “DOMICILE” DEFINED.
Section 41-109 - “PRINCIPAL OFFICE” DEFINED.
Section 41-110 - “AUTHORIZED,” “UNAUTHORIZED” INSURER DEFINED.
Section 41-111 - “CERTIFICATE OF AUTHORITY,” “LICENSE” DEFINED.
Section 41-112 - “TRANSACTING INSURANCE” DEFINED.
Section 41-113 - COMPLIANCE REQUIRED — PUBLIC INTEREST.
Section 41-114 - APPLICATION OF CODE AS TO PARTICULAR TYPES OF INSURERS.
Section 41-114A - SERVICE CONTRACTS.
Section 41-114B - LEGAL SERVICE EXPENSE PLANS.
Section 41-115 - PARTICULAR PROVISIONS PREVAIL.
Section 41-116 - CAPTIONS NOT TO AFFECT MEANING.
Section 41-117 - GENERAL PENALTY.
Section 41-117A - PENALTY FOR TRANSACTING INSURANCE WITHOUT PROPER LICENSING.
Section 41-118 - “CHAPTER” DEFINED.
Section 41-119 - APPLICABILITY OF CODE UNDER UNREPEALED LAWS.
Section 41-120 - CHARITABLE GIFT ANNUITIES.
Section 41-121 - EXEMPTION OF HEALTH CARE SHARING MINISTRIES FROM THE INSURANCE CODE.