41-1237. MISREPRESENTATION — ACTION AND PENALTIES. (1) If within twenty-one (21) days following the giving of the notice provided for in section 41-1236, Idaho Code, the insurer has not ceased such dissemination, and if the director has reason to believe that such insurer is soliciting, issuing or delivering contracts of insurance to residents of this state or collecting premiums on such contracts or performing any other transaction in connection with such insurance, and that a proceeding by him in respect to such matters would be in the interest of the public, he shall order the insurer to desist the prohibited practices.
(2) If the director finds that the insurer has misrepresented as referred to in section 41-1236, Idaho Code, he shall by order on such hearing require the insurer to cease and desist from such violation, and shall mail a copy of the order by registered or certified mail to the insurer at its principal place of business last of record with the director and to the insurance supervisory officer of the insurer’s domiciliary state or province. Each violation thereafter of such desist order shall subject the insurer to a penalty of two thousand dollars ($2,000), to be recovered by a civil action brought against the insurer by the director. Service of process upon the insurer in such action may be made upon the director pursuant to section 41-1207, Idaho Code, or in any other lawful manner.
History:
[41-1237, added 1969, ch. 214, sec. 44, p. 625; am. 2005, ch. 78, sec. 2, p. 272.]
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.