41-1323. ILLEGAL DEALING IN PREMIUMS — EXCESS CHARGES FOR INSURANCE. (1) No person shall wilfully collect any sum as premium or charge for insurance, which insurance is not then provided or is not in due course to be provided (subject to acceptance of the risk by the insurer) by an insurance policy issued by an insurer as authorized by this code.
(2) No person shall wilfully collect as premium or charge for insurance any sum in excess of the premium or charge applicable to such insurance, and as specified in the policy, in accordance with the applicable classifications and rates as filed with and approved by the director; or, in cases where classifications, premiums, or rates are not required by this code to be so filed and approved, such premiums and charges shall not be in excess of those specified in the policy and as fixed by the insurer. This provision shall not be deemed to prohibit the charging and collection, by surplus line brokers licensed under chapter 12 of this code, of the amount of applicable state and federal taxes in addition to the premium required by the insurer. Nor shall it be deemed to prohibit the charging and collection, by a life insurer, of amounts actually to be expended for medical examination of an applicant for life insurance or for reinstatement of a life insurance policy.
(3) Each violation of this section shall be punishable under section 41-117 (general penalty).
History:
[41-1323, added 1961, ch. 330, sec. 301, 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.