41-2910. POWER OF ATTORNEY OR JOINT POWERS ENTITY. (1) The rights and powers of the attorney or designated joint powers entity of a reciprocal insurer shall be as provided in the power of attorney given it by the subscribers.
(2) The power of attorney must set forth:
(a) The powers of the attorney;
(b) That the attorney is empowered to accept service of process on behalf of the insurer and to authorize the director to receive service of process in actions against the insurer upon contracts exchanged;
(c) The general services to be performed by the attorney or joint powers entity;
(d) The maximum amount to be deducted from advance premiums or deposits to be paid to the attorney and the general items of expense in addition to losses, to be paid by the insurer; and
(e) Except as to nonassessable policies, a provision for a contingent several liability of each subscriber in a specified amount which amount shall be not less than one (1) nor more than ten (10) times the premium or premium deposit stated in the policy.
(3) The power of attorney or joint exercise of powers agreement may:
(a) Provide for the right of substitution of the attorney and revocation of the power of attorney and rights thereunder;
(b) Impose such restrictions upon the exercise of the power as are agreed upon by the subscribers;
(c) Provide for the exercise of any right reserved to the subscribers directly or through their advisory committee; and
(d) Contain other lawful provisions deemed advisable.
(4) The terms of any power of attorney or agreement collateral thereto shall be reasonable and equitable, and no such power or agreement shall be used or be effective in this state until approved by the director.
History:
[41-2910, added 1961, ch. 330, sec. 637, p. 645; am. 1996, ch. 245, sec. 5, p. 778.]
Structure Idaho Code
Chapter 29 - RECIPROCAL INSURERS
Section 41-2901 - “RECIPROCAL” INSURANCE DEFINED.
Section 41-2902 - “RECIPROCAL INSURER” DEFINED.
Section 41-2903 - SCOPE OF CHAPTER — EXISTING INSURERS.
Section 41-2904 - INSURING POWERS OF RECIPROCALS.
Section 41-2905 - NAME — SUITS.
Section 41-2906 - SURPLUS FUNDS REQUIRED.
Section 41-2908 - ORGANIZATION OF RECIPROCAL INSURER.
Section 41-2909 - CERTIFICATE OF AUTHORITY.
Section 41-2910 - POWER OF ATTORNEY OR JOINT POWERS ENTITY.
Section 41-2911 - MODIFICATIONS.
Section 41-2912 - ATTORNEY’S BOND.
Section 41-2913 - DEPOSIT IN LIEU OF BOND.
Section 41-2914 - ACTION ON BOND.
Section 41-2915 - SERVICE OF PROCESS — JUDGMENT.
Section 41-2916 - CONTRIBUTIONS TO INSURER.
Section 41-2917 - ANNUAL STATEMENT.
Section 41-2918 - FINANCIAL CONDITION — METHOD OF DETERMINING.
Section 41-2919 - WHO MAY BE SUBSCRIBERS.
Section 41-2920 - SUBSCRIBERS’ ADVISORY COMMITTEE.
Section 41-2921 - SUBSCRIBERS’ LIABILITY.
Section 41-2922 - SUBSCRIBERS’ LIABILITY ON JUDGMENT.
Section 41-2923 - ASSESSMENTS.
Section 41-2924 - TIME LIMIT FOR ASSESSMENT.
Section 41-2925 - AGGREGATE LIABILITY.
Section 41-2926 - NONASSESSABLE POLICIES.
Section 41-2927 - DISTRIBUTION OF SAVINGS.
Section 41-2928 - SUBSCRIBERS’ SHARE IN ASSETS.