41-1812. FILING, USE AND DISAPPROVAL OF FORMS. (1) No basic insurance policy or annuity contract form, or application form where written application is required and is to be made a part of the policy or contract, or printed rider or endorsement form or form of renewal certificate, shall be delivered, or issued for delivery in this state, unless the form has been filed with the director. This provision shall not apply to surety bonds, or to specially rated inland marine risks, nor to policies, riders, endorsements, or forms of unique character designed for and used with relation to insurance upon a particular subject, or which relate to the manner of distribution of benefits or to the reservation of rights and benefits under life or disability insurance policies and are used at the request of the individual policyholder, contract holder, or certificate holder. As to group insurance policies effectuated and delivered outside this state but covering persons resident in this state, the group certificates to be delivered or issued for delivery in this state shall be filed with the director. As to forms for use in property, marine (other than wet marine and transportation insurance), casualty and surety insurance coverages the filing required by this subsection may be made by rating organizations on behalf of its members and subscribers; but this provision shall not be deemed to prohibit any such member or subscriber from filing any such forms on its own behalf.
(2) Every such filing shall be submitted with a certification, in such form as may be determined by the director, by an officer of the insurer that each policy, form, endorsement, or rider in use complies with Idaho law. The director shall have the power to examine such filings to determine whether the policies, forms, endorsements, and riders, as filed, comply with the certification of the insurer and with Idaho law relating to the content of such documents. Upon a determination that any document filed in accordance with this section does not comply with Idaho law, the director shall, in accordance with the Idaho administrative procedure act, prohibit the use of such policy, form, endorsement, rider or other document.
(3) The director may, by order, exempt from the requirements of this section for so long as he deems proper any insurance document or form or type thereof as specified in such order, to which, in his opinion, this section may not practicably be applied, or the filing and approval of which are, in his opinion, not desirable or necessary for the protection of the public.
History:
[41-1812, added 1961, ch. 330, sec. 404, p. 645; am. 1982, ch. 148, sec. 1, p. 412; am. 1995, ch. 137, sec. 1, p. 591; am. 1997, ch. 344, sec. 1, p. 1027.]
Structure Idaho Code
Chapter 18 - THE INSURANCE CONTRACT
Section 41-1801 - SCOPE OF CHAPTER.
Section 41-1802 - “POLICY” DEFINED.
Section 41-1803 - “PREMIUM” DEFINED.
Section 41-1804 - INSURABLE INTEREST — PERSONAL INSURANCE.
Section 41-1805 - LIFE INSURANCE FOR BENEFIT OF CERTAIN INSTITUTIONS.
Section 41-1806 - INSURABLE INTEREST — PROPERTY.
Section 41-1807 - POWER TO CONTRACT — PURCHASE OF INSURANCE BY MINORS.
Section 41-1808 - APPLICATION REQUIRED — LIFE AND DISABILITY INSURANCE.
Section 41-1809 - ALTERATION OF APPLICATION — LIFE AND DISABILITY INSURANCE.
Section 41-1810 - APPLICATION AS EVIDENCE.
Section 41-1811 - REPRESENTATIONS IN APPLICATIONS.
Section 41-1812 - FILING, USE AND DISAPPROVAL OF FORMS.
Section 41-1813 - GROUNDS FOR DISAPPROVAL.
Section 41-1814 - STANDARD PROVISIONS IN GENERAL.
Section 41-1815 - CONTENTS OF POLICIES IN GENERAL.
Section 41-1816 - ASSESSMENT POLICIES — SPECIAL CONTENTS.
Section 41-1817 - ADDITIONAL POLICY CONTENTS.
Section 41-1818 - CHARTER AND BY-LAW PROVISIONS.
Section 41-1819 - EXECUTION OF POLICIES.
Section 41-1820 - UNDERWRITERS’ AND COMBINATION POLICIES.
Section 41-1821 - VALIDITY AND CONSTRUCTION OF NONCOMPLYING FORMS.
Section 41-1822 - CONSTRUCTION OF POLICIES.
Section 41-1824 - DELIVERY OF POLICY.
Section 41-1825 - RENEWAL BY CERTIFICATE.
Section 41-1826 - ASSIGNMENT OF POLICIES.
Section 41-1827 - RIGHT TO INSPECT POLICIES IN FORCE.
Section 41-1828 - PAYMENT DISCHARGES INSURER — PAYMENT TO MARITAL COMMUNITY.
Section 41-1830 - NOTICE OF LAPSE OR TERMINATION OF INDIVIDUAL LIFE INSURANCE.
Section 41-1831 - FORMS FOR PROOF OF LOSS TO BE FURNISHED.
Section 41-1832 - CLAIMS ADMINISTRATION NOT WAIVER.
Section 41-1833 - EXEMPTION OF PROCEEDS — LIFE INSURANCE.
Section 41-1834 - EXEMPTION OF PROCEEDS — DISABILITY INSURANCE.
Section 41-1835 - EXEMPTION OF PROCEEDS — GROUP INSURANCE.
Section 41-1836 - EXEMPTION OF PROCEEDS — ANNUITY CONTRACTS — ASSIGNABILITY OF RIGHTS.
Section 41-1837 - RETURN OF UNEARNED PREMIUMS ON DESTRUCTION OF PROPERTY.
Section 41-1838 - VENUE OF SUITS AGAINST INSURERS.
Section 41-1839 - ALLOWANCE OF ATTORNEY’S FEES IN SUITS AGAINST OR IN ARBITRATION WITH INSURERS.
Section 41-1840 - PREPAYMENT OF CLAIMS.
Section 41-1841 - BLOCK CANCELLATIONS AND BLOCK NONRENEWALS — NOTICE TO DIRECTOR REQUIRED.
Section 41-1842 - COMMERCIAL INSURANCE — CANCELLATION — NONRENEWAL.
Section 41-1843 - INSURANCE RATES AND CREDIT RATING.
Section 41-1844 - PRESCRIPTION DRUG BENEFIT RESTRICTIONS PROHIBITED.
Section 41-1845 - RECREATIONAL-RELATED ACTIVITIES.
Section 41-1846 - HEALTH CARE POLICIES — APPLICABILITY — REQUIREMENT.
Section 41-1847 - ASSIGNMENT OF HEALTH INSURANCE CONTRACTS.
Section 41-1849 - CONTRACTS WITH PROVIDERS OF DENTAL SERVICES.
Section 41-1850 - CERTIFICATES OF INSURANCE.
Section 41-1851 - ELECTRONIC NOTICES AND DOCUMENTS.
Section 41-1852 - DISCRIMINATION AGAINST LIVING ORGAN DONORS PROHIBITED.