41-1925. LIMITATION OF LIABILITY. (1) No policy of life insurance shall be delivered or issued for delivery in this state if it contains any of the following provisions:
(a) A provision for a period shorter than that provided by statute within which an action at law or in equity may be commenced on such a policy.
(b) A provision which excludes or restricts liability for death caused in a certain specified manner or occurring while the insured has a specified status, except that a policy may contain provisions excluding or restricting coverage as specified therein in the event of death under any one or more of the following circumstances:
(i) Death as a result, directly or indirectly, of war, declared or undeclared, or of action by military forces, or of any act or hazard of such war or action, or of service in the military, naval, or air forces or in civilian forces auxiliary thereto, or from any cause while a member of such military, naval, or air forces of any country at war, declared or undeclared, or of any country engaged in such military action;
(ii) Death as a result of aviation or any air travel or flight;
(iii) Death as a result of a specified hazardous occupation or occupations;
(iv) Death while the insured is a resident outside continental United States and Canada; or
(v) Death within two (2) years from the date of issue of the policy as a result of suicide, while sane or insane.
(2) A policy which contains any exclusion or restriction pursuant to subsection (1) of this section shall also provide that in the event of death under the circumstances to which any such exclusion or restriction is applicable, the insurer will pay an amount not less than a reserve determined according to the commissioners reserve valuation method upon the basis of the mortality table and interest rate specified in the policy for the calculation of nonforfeiture benefits (or if the policy provides for no such benefits, computed according to a mortality table and interest rate determined by the insurer and specified in the policy) with adjustment for indebtedness or dividend credit.
(3) This section shall not apply to group life insurance, disability insurance, reinsurance, or annuities, or to any provision in a life insurance policy or contract supplemental thereto relating to disability benefits or to additional benefits in the event of death by accident or accidental means.
(4) Nothing contained in this section shall prohibit any provision which in the opinion of the director is more favorable to the policyholder that a provision permitted by this section.
History:
[41-1925, added 1961, ch. 330, sec. 456, p. 645.]
Structure Idaho Code
Chapter 19 - LIFE INSURANCE POLICIES AND ANNUITY CONTRACTS
Section 41-1901 - SCOPE OF CHAPTER.
Section 41-1902 - “INDUSTRIAL LIFE INSURANCE” DEFINED.
Section 41-1903 - STANDARD PROVISIONS REQUIRED.
Section 41-1904 - GRACE PERIOD.
Section 41-1905 - INCONTESTABILITY.
Section 41-1906 - ENTIRE CONTRACT.
Section 41-1907 - MISSTATEMENT OF AGE.
Section 41-1909 - POLICY LOAN.
Section 41-1910 - TABLE OF INSTALMENTS.
Section 41-1911 - REINSTATEMENT.
Section 41-1912 - PAYMENT OF PREMIUMS.
Section 41-1913 - PAYMENT OF CLAIMS.
Section 41-1914 - BENEFICIARY — INDUSTRIAL POLICIES.
Section 41-1916 - EXCLUDED OR RESTRICTED COVERAGE.
Section 41-1917 - STANDARD PROVISIONS — ANNUITY AND PURE ENDOWMENT CONTRACTS.
Section 41-1918 - GRACE PERIOD — ANNUITIES.
Section 41-1919 - INCONTESTABILITY — ANNUITIES.
Section 41-1920 - ENTIRE CONTRACT — ANNUITIES.
Section 41-1921 - MISSTATEMENT OF AGE OR SEX — ANNUITIES.
Section 41-1922 - DIVIDENDS — ANNUITIES.
Section 41-1923 - REINSTATEMENT — ANNUITIES.
Section 41-1924 - STANDARD PROVISIONS — REVERSIONARY ANNUITIES.
Section 41-1925 - LIMITATION OF LIABILITY.
Section 41-1926 - PROHIBITED PROVISIONS — INDUSTRIAL LIFE INSURANCE.
Section 41-1927 - STANDARD NONFORFEITURE LAW — LIFE INSURANCE.
Section 41-1927A - STANDARD NONFORFEITURE LAW FOR INDIVIDUAL DEFERRED ANNUITIES.
Section 41-1928 - NONFORFEITURE BENEFITS — CERTAIN INTERIM POLICIES.
Section 41-1929 - INCONTESTABILITY AND LIMITATION OF LIABILITY AFTER REINSTATEMENT.
Section 41-1930 - POLICY SETTLEMENTS.
Section 41-1931 - INDEBTEDNESS DEDUCTED FROM PROCEEDS.
Section 41-1932 - PARTICIPATING AND NONPARTICIPATING POLICIES — RIGHT TO ISSUE.
Section 41-1933 - PARTICIPATING AND NONPARTICIPATING POLICIES — ACCOUNTING.
Section 41-1934 - PROHIBITED POLICY PLANS.
Section 41-1935 - LIFE INSURANCE AND ANNUITIES — TWENTY DAY FREE EXAMINATION.
Section 41-1936 - SEPARATE ACCOUNTS — OPERATION AND MANAGEMENT.
Section 41-1937 - VARIABLE CONTRACTS — STATEMENT OF ESSENTIAL FEATURES.
Section 41-1938 - VARIABLE CONTRACTS — AUTHORITY OF INSURER TO ISSUE.
Section 41-1939 - VARIABLE CONTRACTS — REGULATION THEREOF.
Section 41-1940 - ANNUITY CONSUMER PROTECTIONS ACT.
Section 41-1940A - ANNUITY CONSUMER PROTECTIONS — SUITABILITY DUTIES.
Section 41-1940B - ANNUITY CONSUMER PROTECTION — SUPERVISION SYSTEM.
Section 41-1940C - ANNUITY CONSUMER PROTECTION — PRODUCER TRAINING.
Section 41-1940D - ANNUITY CONSUMER PROTECTION — COMPLIANCE MITIGATION.
Section 41-1940E - ANNUITY CONSUMER PROTECTION — RECORDKEEPING.
Section 41-1941 - ANNUITY CONSUMER PROTECTIONS — DISCLOSURES.
Section 41-1942 - ADVERTISEMENT OF INTEREST-INDEXED ANNUITIES.
Section 41-1943 - STANDARDS FOR POLICY PROVISIONS FOR ANNUITIES.
Section 41-1950 - SHORT TITLE AND SCOPE.
Section 41-1951 - DEFINITIONS.
Section 41-1952 - LICENSE REQUIREMENT.
Section 41-1953 - FILING OF LIFE SETTLEMENT CONTRACTS AND DISCLOSURE STATEMENTS.
Section 41-1954 - REPORTING REQUIREMENTS AND PRIVACY.
Section 41-1955 - EXAMINATION AND RECORDS.
Section 41-1956 - DISCLOSURE TO OWNER UPON APPLICATION.
Section 41-1957 - DISCLOSURE TO OWNER BY PROVIDER UPON SETTLEMENT CONTRACT.
Section 41-1958 - DISCLOSURE TO OWNER BY BROKER UPON SETTLEMENT CONTRACT.
Section 41-1959 - NOTICE OF CHANGE BY PROVIDER.
Section 41-1960 - GENERAL RULES.
Section 41-1961 - PERMITTED LIFE SETTLEMENTS AND SUPPORTING DOCUMENTATION.
Section 41-1962 - PROHIBITED PRACTICES AND CONFLICTS OF INTEREST.
Section 41-1963 - ADVERTISING FOR LIFE SETTLEMENTS.