41-1312. RIGHTS WITH RESPECT TO INSURANCE ON PROPERTY SOLD OR PURCHASED. Sections 41-1310 or 41-1311 shall not prevent:
(1) The reasonable exercise by any person engaged in any such business of his right to approve or disapprove the insurance or the insurer selected to write the insurance, on reasonable grounds related to the risk selection or underwriting practices of the insurer, the adequacy and terms of the coverage with respect to the interest of such person to be insured thereunder, the quality of service rendered by the insurer or its representative in connection with the insurance, and the financial standards to be met by the insurer; nor of his right to furnish such insurance or to renew any insurance required by the contract of sale or mortgage, trust deed or other loan agreement if the borrower or purchaser has failed to furnish the insurance or renewal thereof within such reasonable time or form as may be specified in the sale or loan agreement. The lender or vendor shall not refuse to accept insurance provided by an acceptable insurer on the ground that such insurance provides more coverage than is required in the sale or loan agreement, unless the additional coverage consists of life or disability insurance.
(2) The free choice of insurance agent or broker by any borrower or purchaser at any time, and he may revoke any designation of insurance agent or broker at any time irrespective of the provisions of any loan or purchase agreement, mortgage, or trust deed.
(3) The exercise by any person engaged in such business of his right to furnish such insurance or to renew such insurance, and to charge the account of the borrower or purchaser with the costs thereof, if the borrower or purchaser fails to deliver to the lender or vendor such insurance at least thirty (30) days prior to expiration of the existing policy. If an insurance policy procured by the borrower or purchaser is subsequently substituted for that then in force, the lender or vendor may impose a reasonable service charge as determined by the director for the transaction, and payment of such charge by the agent or broker shall not be a violation of any other provision of this code. No service charge shall be imposed for normal insurance changes made during the term of the policy.
(4) The director may adopt a uniform statewide schedule of permissive maximum charges for the substitution of policies authorized in subdivision (3) above.
History:
[41-1312, added 1961, ch. 330, sec. 290, p. 645.]
Structure Idaho Code
Chapter 13 - TRADE PRACTICES AND FRAUDS
Section 41-1301 - PURPOSES OF TRADE PRACTICES LAW.
Section 41-1302 - UNFAIR METHODS OF COMPETITION AND DECEPTIVE ACT PROHIBITED.
Section 41-1303 - MISREPRESENTATION OR FALSE ADVERTISING OF POLICIES.
Section 41-1304 - FALSE INFORMATION AND ADVERTISING WITH RESPECT TO INSURANCE BUSINESS.
Section 41-1305 - “TWISTING” PROHIBITED.
Section 41-1306 - FALSE FINANCIAL STATEMENTS.
Section 41-1309 - BOYCOTT, COERCION AND INTIMIDATION.
Section 41-1310 - PERSON FINANCING PURCHASE OF PROPERTY NOT TO FAVOR INSURER OR AGENT.
Section 41-1311 - SELLER OF PROPERTY NOT TO FAVOR INSURER OR AGENT.
Section 41-1312 - RIGHTS WITH RESPECT TO INSURANCE ON PROPERTY SOLD OR PURCHASED.
Section 41-1313 - UNFAIR DISCRIMINATION — LIFE INSURANCE, ANNUITIES, AND DISABILITY INSURANCE.
Section 41-1314 - REBATES — ILLEGAL INDUCEMENTS.
Section 41-1315A - DISCOUNTS TO EMPLOYEES.
Section 41-1316 - STOCK OPERATIONS AND ADVISORY BOARD CONTRACTS.
Section 41-1317 - FICTITIOUS GROUPS.
Section 41-1318 - INTERLOCKING OWNERSHIP OR MANAGEMENT.
Section 41-1321 - PROCEDURES AS TO UNDEFINED PRACTICES.
Section 41-1323 - ILLEGAL DEALING IN PREMIUMS — EXCESS CHARGES FOR INSURANCE.
Section 41-1324 - REPORT OF EXACT CONSIDERATION TO INSURER.
Section 41-1325 - BORROWING MONEY FROM CLIENTS.
Section 41-1327 - VIOLATIONS — PENALTY.
Section 41-1328 - PAYMENT OF CLAIMS BY INSURERS.
Section 41-1328A - REPAIR OF MOTOR VEHICLES.
Section 41-1328B - DEFINITIONS.
Section 41-1328C - IDENTIFICATION OF PARTS.
Section 41-1328D - USE OF PARTS — DISCLOSURE.
Section 41-1329 - UNFAIR CLAIM SETTLEMENT PRACTICES.
Section 41-1329A - UNFAIR CLAIMS SETTLEMENT PRACTICES — PENALTY.
Section 41-1330 - FAILURE TO MAINTAIN COMPLAINT HANDLING PROCEDURES.
Section 41-1331 - CLAIMS FORMS STATEMENT.
Section 41-1332 - RETURN OF UNEARNED PREMIUM FOR DISABILITY POLICIES.
Section 41-1333 - REFUND OF UNEARNED HEALTH INSURANCE PREMIUMS.
Section 41-1334 - DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION.
Section 41-1335 - RELEASE OF PATIENT IDENTIFIABLE PRESCRIPTION INFORMATION PROHIBITED — EXCEPTIONS.
Section 41-1336 - REQUIREMENTS FOR COMPLIANCE.
Section 41-1337 - LIFE INSURANCE — PAYMENT OF INTEREST ON BENEFITS.