41-1317. FICTITIOUS GROUPS. (1) No insurer, whether an authorized insurer or an unauthorized insurer, shall make available through any rating plan or form, property, casualty or surety insurance to any firm, corporation, or association of individuals, any preferred rate or premium based upon any fictitious grouping of such firm, corporation, or individuals. For the purposes of this section a "fictitious" group is one in which members of such group do not have a common insurable interest as to the subject of the insurance and the risk or risks insured or to be insured.
(2) No form or plan of insurance covering any group or combination of persons or risks shall be written or delivered within or outside of Idaho to cover Idaho persons or risks at any preferred rate or form other than that offered to persons not in such group and the public generally, unless such form, plan or policy and the rates or premiums to be charged therefor have been submitted to and approved by the director as not in conflict with subsection (1) above, and section 41-1405 (rate standards), Idaho Code.
(3) Nothing in this section shall apply to workmen’s compensation, life or disability insurance or to annuity contracts; nor to any insurer which restricts its insurance coverages to members of a particular association or organization with which the insurer is directly affiliated; nor to credit unemployment insurance indemnifying a creditor for installment or other periodic payments on indebtedness becoming due while a debtor has suffered loss of income resulting from involuntary unemployment; nor to municipal corporations, governmental employers or governmental entities; nor to group casualty or liability coverage when the director has determined that an affinity of interest legitimately exists between or among the members of the group.
History:
[41-1317, added 1961, ch. 330, sec. 295, p. 645; am. 1969, ch. 214, sec. 47, p. 625; am. 1972, ch. 360, sec. 1, p. 1065; am. 1977, ch. 241, sec. 1, p. 718; am. 1979, ch. 315, sec. 2, p. 849.]
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.