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 hold policies of insurance issued or delivered in this state by insurers while not authorized to do business in this state, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under such policies. In furtherance of such state interest, the legislature herein provides a method of substituted service of process upon such insurers and declares that in so doing it exercises its power to protect its residents and to define, for the purpose of this statute, what constitutes doing business in this state, and also exercises powers and privileges available to the state by virtue of Public Law 15, 79th Congress of the United States, chapter 20, 1st session, S. 340, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.
History:
[41-1205, added 1961, ch. 330, sec. 249, p. 645.]
Structure Idaho Code
Chapter 12 - UNAUTHORIZED INSURERS AND SURPLUS LINES
Section 41-1201 - REPRESENTING OR AIDING UNAUTHORIZED INSURER PROHIBITED.
Section 41-1202 - REPRESENTING OR AIDING UNAUTHORIZED INSURER PROHIBITED — PENALTY.
Section 41-1203 - SUITS BY UNAUTHORIZED INSURER PROHIBITED.
Section 41-1204 - UNAUTHORIZED INSURERS PROCESS ACT — TITLE — INTERPRETATION.
Section 41-1205 - PURPOSE OF PROCESS ACT.
Section 41-1206 - ACTS CONSTITUTING DIRECTOR AS PROCESS AGENT.
Section 41-1207 - HOW PROCESS IS SERVED — DEFAULT JUDGMENT.
Section 41-1208 - DEFENSE OF ACTION BY UNAUTHORIZED INSURER.
Section 41-1209 - UNAUTHORIZED INSURER FAILING TO PAY CLAIM — ATTORNEY FEES.
Section 41-1210 - EXEMPTIONS FROM PROCESS ACT.
Section 41-1211 - SURPLUS LINE LAW — SHORT TITLE — PURPOSE.
Section 41-1212 - EXEMPTIONS FROM SURPLUS LINE LAW.
Section 41-1213 - DEFINITIONS.
Section 41-1214 - CONDITIONS FOR EXPORT.
Section 41-1215 - BROKER’S AFFIDAVIT.
Section 41-1216 - OPEN LINES FOR EXPORT.
Section 41-1217 - ELIGIBLE SURPLUS LINES INSURERS.
Section 41-1218 - ELIGIBLE SURPLUS LINE INSURERS — PENALTY FOR VIOLATION.
Section 41-1219 - EVIDENCE OF THE INSURANCE — CHANGES — PENALTY.
Section 41-1220 - ENDORSEMENT OF CONTRACT.
Section 41-1221 - SURPLUS LINE INSURANCE VALID.
Section 41-1222 - LIABILITY OF INSURER AS TO LOSSES AND UNEARNED PREMIUMS.
Section 41-1223 - LICENSING OF SURPLUS LINE BROKERS.
Section 41-1224 - SUSPENSION OR REVOCATION OF BROKER’S LICENSE.
Section 41-1226 - ACCEPTANCE OF BUSINESS FROM AGENTS.
Section 41-1227 - RECORDS OF BROKER.
Section 41-1228 - ANNUAL REPORT OF BROKER.
Section 41-1229 - TAX ON SURPLUS LINES.
Section 41-1230 - FAILURE TO FILE REPORT OR REMIT TAX — PENALTY.
Section 41-1231 - LEGAL PROCESS AGAINST SURPLUS LINE INSURER.
Section 41-1232 - RULES AND REGULATIONS.
Section 41-1233 - REPORT AND TAX OF INDEPENDENTLY PROCURED COVERAGES.
Section 41-1234 - RECORDS OF INSUREDS.
Section 41-1235 - FALSE ADVERTISING ACT.
Section 41-1236 - MISREPRESENTATION BY UNAUTHORIZED INSURER.