Idaho Code
Chapter 2 - THE DEPARTMENT OF INSURANCE
Section 41-291 - DEFINITIONS.

41-291. DEFINITIONS. As used in sections 41-290 through and including 41-298, Idaho Code:
(1) Sections 41-290 through 41-298, Idaho Code, shall be known as the "Idaho Arson and Fraud Reporting-Immunity Act."
(2) "Authorized agencies" shall mean:
(a) Any law enforcement agency of this state;
(b) Any prosecuting attorney who may be responsible for prosecution in the jurisdiction where the fire or fraud occurred;
(c) The attorney responsible for the prosecution in the jurisdiction where the fire or fraud occurred as designated by the attorney general;
(d) The department of insurance, which includes the state fire marshal.
(3) Solely for the purpose of section 41-292(1), Idaho Code, "authorized agencies" shall also include:
(a) The United States attorney’s office when authorized or charged with investigation or prosecution of the fire or fraud in question;
(b) The federal bureau of investigation or any other federal agency, charged with investigation or prosecution of the fire or fraud in question.
(4) "Relevant" means information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.
(5) Material will be "deemed important," if within the sole discretion of the "authorized agency," such material is requested by the "authorized agency."
(6) "Action," as used in this chapter, shall include nonaction or the failure to take action.
(7) "Immunity" means that no civil action may arise against any person for furnishing information pursuant to section 41-248, 41-258, 41-290, 41-292, 41-296 or 41-297, Idaho Code, where actual malice on the part of the insurance company, department of insurance, state fire marshal, authorized agency, their employees or agents, is not present.
(8) "Financial loss" includes, but is not limited to, loss of earnings, out-of-pocket and other expenses, repair and replacement costs and claims payments.
(9) "Person" means a natural person, company, corporation, unincorporated association, partnership, professional corporation and any other legal entity.
(10) "Practitioner" means a licensee of this state authorized to practice medicine and surgery, psychology, chiropractic, law or any other licensee of the state whose services are compensated, directly or indirectly, by insurance proceeds, or a licensee similarly licensed in other states and nations or the practitioner of any nonmedical treatment rendered in accordance with a recognized religious method of healing.
(11) "Statement" includes, but is not limited to, any of the following regardless of how it is made and in what format it is contained:
(a) Information submitted on an application for insurance;
(b) Description of policy terms, conditions, benefits or illustrations;
(c) Proof of insurance, certificate of insurance, or insurance card;
(d) Proof of claim, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or medical records, X-rays, test results or other evidence of loss, injury or expense; and
(e) Any other notice, correspondence, representation or information relating to an insurance coverage or claim.
(12) "Insurer" shall mean any insurance company contemplated by title 41, Idaho Code, any business operating as a self-insured for any purpose, the state insurance fund, and any self-insured as contemplated by title 72, Idaho Code.
(13) "Runner" means a person who procures, or persons working in conjunction with each other who procure, clients at the direction of, or in cooperation with, a person who, with the intent to deceive or defraud, performs or obtains a service or benefit under a contract of insurance or asserts a claim against an insured.

History:
[(41-291) 41-270, added 1982, ch. 120, sec. 19, p. 345; am. and redesig. 1994, ch. 219, sec. 3, p. 697; am. 1997, ch. 122, sec. 1, p. 367; am. 1998, ch. 428, sec. 5, p. 1349; am. 2000, ch. 469, sec. 104, p. 1557; am. 2005, ch. 74, sec. 1, p. 251; am. 2007, ch. 239, sec. 1, p. 707.]

Structure Idaho Code

Idaho Code

Title 41 - INSURANCE

Chapter 2 - THE DEPARTMENT OF INSURANCE

Section 41-201 - DEPARTMENT OF INSURANCE.

Section 41-202 - DIRECTOR — APPOINTMENT — TERM — QUALIFICATIONS.

Section 41-203 - TERMS CONSTRUED.

Section 41-204 - DIRECTOR’S OATH AND BOND.

Section 41-205 - OFFICIAL SEAL.

Section 41-206 - DIVISIONS AND EMPLOYEES.

Section 41-207 - DELEGATION OF POWERS.

Section 41-208 - PROHIBITED INTERESTS, REWARDS.

Section 41-209 - PROFESSIONAL SERVICES.

Section 41-210 - GENERAL POWERS, DUTIES.

Section 41-211 - RULES.

Section 41-212 - ORDERS, NOTICES.

Section 41-213 - ENFORCEMENT.

Section 41-214 - RECORDS — REPRODUCTION — DESTRUCTION.

Section 41-215 - USE OF REPRODUCTIONS AND CERTIFIED COPIES AS EVIDENCE.

Section 41-216 - DIRECTOR’S ANNUAL REPORT.

Section 41-217 - PUBLICATIONS AUTHORIZED.

Section 41-218 - PUBLICATIONS — SALE.

Section 41-219 - EXAMINATION OF INSURERS.

Section 41-220 - EXAMINATION OF AGENTS, BROKERS, CONSULTANTS, MANAGERS, ADJUSTERS, PROMOTERS.

Section 41-221 - PLACE OF EXAMINATION.

Section 41-222 - EXAMINATION COOPERATION WITH OTHER STATES.

Section 41-223 - CONDUCT OF EXAMINATION — ACCESS TO RECORDS — CORRECTION OF ACCOUNTS — REMOVAL OF RECORDS.

Section 41-224 - EXAMINATION — APPRAISAL OF ASSET.

Section 41-225 - OBSTRUCTION OF EXAMINATION — PENALTY.

Section 41-226 - EXAMINERS — QUALIFICATIONS.

Section 41-227 - EXAMINATION REPORT.

Section 41-228 - EXAMINATION EXPENSE.

Section 41-229 - WITNESSES AND EVIDENCE.

Section 41-230 - TESTIMONY COMPELLED — IMMUNITY FROM PROSECUTION.

Section 41-231 - HEARINGS AND APPEAL — SCOPE OF PROVISIONS.

Section 41-232 - HEARINGS IN GENERAL.

Section 41-232A - HEARINGS UPON THE DENIAL, NONRENEWAL, SUSPENSION OR REVOCATION OF A CERTIFICATE OF AUTHORITY OR LICENSE OR IMPOSITION OF ADMINISTRATIVE PENALTIES.

Section 41-234 - PLACE OF HEARING — ADMISSION OF PUBLIC.

Section 41-235 - NOTICE OF HEARING.

Section 41-236 - SHOW CAUSE NOTICE.

Section 41-237 - ADJOURNED HEARING.

Section 41-238 - NONATTENDANCE.

Section 41-240 - ORDER ON HEARING.

Section 41-247 - INQUIRY POWERS OF DIRECTOR.

Section 41-248 - INTERSTATE RELATIONS.

Section 41-249 - SHARING OF INFORMATION AMONG GOVERNMENTAL AGENCIES AND THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS.

Section 41-253 - STATEMENT OF PURPOSE — ADOPTION OF INTERNATIONAL FIRE CODE.

Section 41-254 - POWERS AND DUTIES OF STATE FIRE MARSHAL — INTERNATIONAL FIRE CODE, ENFORCEMENT AND REGULATIONS — REPORTS.

Section 41-255 - DUTIES OF STATE FIRE MARSHAL.

Section 41-256 - ASSISTANTS TO STATE FIRE MARSHAL — LOCAL APPEAL PROCEDURE.

Section 41-257 - STATE FIRE MARSHAL AS CHIEF ARSON INVESTIGATION OFFICER.

Section 41-258 - REPORT OF LOSSES BY FIRE INSURANCE COMPANIES TO STATE FIRE MARSHAL.

Section 41-259 - INSPECTION OF BUILDINGS — ORDER OF REMEDY OR REMOVAL — SERVICE OF ORDER.

Section 41-260 - APPEAL FROM ORDER OF REMEDY OR REMOVAL — APPEAL FROM LOCAL APPEAL DECISION.

Section 41-261 - FAILURE TO COMPLY WITH ORDER OF REMEDY OR REMOVAL — FAILURE TO COMPLY WITH LOCAL DECISION OR LOCAL APPEAL DECISION — PENALTY — CIVIL ACTION TO RECOVER PENALTY.

Section 41-262 - FAILURE TO COMPLY WITH ORDER OF REMEDY OR REMOVAL — REPAIR OR DEMOLITION OF PREMISES — EXPENSE.

Section 41-263 - FAILURE TO PAY EXPENSE OF REPAIR OR DEMOLITION — ASSESSMENT.

Section 41-264 - INVESTIGATIVE HEARINGS — SUBPOENA OF WITNESSES — CONDUCT OF HEARING.

Section 41-265 - WITNESS FEES — CHARGE FOR SERVICE OF PROCESS.

Section 41-266 - ADMISSION OF INTERNATIONAL FIRE CODE IN EVIDENCE.

Section 41-268 - ARSON, FIRE AND FRAUD PREVENTION ACCOUNT.

Section 41-269 - LIBERAL CONSTRUCTION OF ACT.

Section 41-286 - UNIFORM CLAIMS PROCESSING.

Section 41-287 - APPLICATION OF PROVISIONS ADOPTED BY NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS.

Section 41-288 - RETALIATORY REQUIREMENT.

Section 41-290 - FRAUDULENT CLAIMS.

Section 41-291 - DEFINITIONS.

Section 41-292 - DISCLOSURE OF INFORMATION BY INSURERS.

Section 41-293 - INSURANCE FRAUD.

Section 41-294 - DAMAGE TO OR DESTRUCTION OF INSURED PROPERTY.

Section 41-295 - DUTIES OF THE INVESTIGATION SECTION.

Section 41-296 - CONFIDENTIALITY — COMPULSORY TESTIMONY.

Section 41-297 - DISCLOSURE REQUIREMENTS.

Section 41-298 - JURISDICTION — CONSTRUCTION OF PROVISIONS.