41-311. NAME OF INSURER. (1) No insurer shall be formed, authorized or otherwise allowed to transact insurance in this state which has or uses a name or principal identifying name factor which is the same as or deceptively similar to that of another insurer earlier authorized or allowed to transact insurance in this state.
(2) No life insurer shall be authorized or otherwise allowed to transact insurance in this state which has or uses a name deceptively similar to that of another insurer authorized or otherwise allowed to transact insurance in this state within the preceding ten (10) years if life insurance policies originally issued by such other insurer are still outstanding in this state.
(3) No insurer shall hereafter be formed, newly authorized or otherwise allowed to transact insurance in this state which has or uses a name the same as or deceptively similar to the name of any foreign insurer doing business elsewhere than in this state if such foreign insurer has within the last preceding twelve (12) months signified its intention to secure incorporation in this state under such name, or do business as a foreign insurer in this state under such name by filing notice of such intention with the director, unless the written consent to the use of such name or deceptively similar name has been given by such foreign insurer.
(4) No insurer shall be authorized or otherwise allowed to transact insurance in this state which has or uses a name which tends to deceive or mislead as to the type of organization of the insurer.
(5) In case of conflict of names hereafter between two (2) insurers, or a conflict otherwise prohibited under this section, the director may permit, or shall require as a condition to the issuance of an original certificate of authority or other approval to transact insurance in this state to an applicant insurer, the insurer to use in this state such supplementation or modification of its name or such business name as may reasonably be necessary to avoid the conflict. No such name, supplementation or modification shall contain the principal identifying factor of the name of any other insurer already authorized or otherwise allowed to transact insurance in this state.
History:
[41-311, added 1961, ch. 330, sec. 74, p. 645; am. 2004, ch. 91, sec. 1, p. 331.]
Structure Idaho Code
Chapter 3 - AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS
Section 41-301 - “STOCK” INSURER DEFINED.
Section 41-302 - “MUTUAL” INSURER DEFINED.
Section 41-302A - “DEPOSIT GUARANTEE” CORPORATION DEFINED.
Section 41-303 - “RECIPROCAL” INSURER DEFINED.
Section 41-304 - “CHARTER” DEFINED.
Section 41-305 - CERTIFICATE OF AUTHORITY REQUIRED.
Section 41-306 - EXCEPTIONS TO CERTIFICATE OF AUTHORITY REQUIREMENT.
Section 41-306A - INTERSTATE INSURANCE SALES.
Section 41-307 - AUTHORIZATION FOR INVESTMENT PURPOSES ONLY.
Section 41-308 - GENERAL ELIGIBILITY FOR CERTIFICATE OF AUTHORITY.
Section 41-309 - GOVERNMENT-OWNED INSURERS NOT TO BE AUTHORIZED.
Section 41-310 - PAYMENT OF BACK TAXES.
Section 41-311 - NAME OF INSURER.
Section 41-312 - COMBINATIONS OF INSURING POWERS — ONE INSURER.
Section 41-313 - CAPITAL FUNDS REQUIRED — FOREIGN INSURERS AND NEW DOMESTIC INSURERS.
Section 41-313A - DOMESTIC RECIPROCAL INSURERS WITH FEWER THAN SEVEN SUBSCRIBERS.
Section 41-315 - PERMISSIBLE INSURING COMBINATIONS WITHOUT ADDITIONAL CAPITAL FUNDS.
Section 41-316 - DEPOSIT — FOREIGN OR ALIEN INSURERS.
Section 41-316A - DEPOSIT — GENERAL REQUIREMENT — DOMESTIC INSURERS.
Section 41-318 - COOPERATION WITH THE DEPARTMENT OF HEALTH AND WELFARE.
Section 41-319 - APPLICATION FOR CERTIFICATE OF AUTHORITY.
Section 41-320 - CONSIDERATION OF APPLICATION.
Section 41-322 - ISSUANCE OR REFUSAL OF CERTIFICATE OF AUTHORITY.
Section 41-322A - CERTIFICATES OF AUTHORITY FOR DEPOSIT GUARANTEE CORPORATIONS.
Section 41-323 - WHAT CERTIFICATE EVIDENCES — OWNERSHIP OF CERTIFICATE.
Section 41-324 - CONTINUANCE, EXPIRATION, OR REINSTATEMENT OF CERTIFICATE OF AUTHORITY.
Section 41-325 - AMENDMENT OF CERTIFICATE OF AUTHORITY.
Section 41-326 - SUSPENSION OR REVOCATION OF CERTIFICATE OF AUTHORITY — MANDATORY GROUNDS.
Section 41-330 - IMPAIRED INSURERS — NOTICE TO AGENTS — PENALTY.
Section 41-331 - IMPAIRED INSURERS — LIABILITY OF OFFICERS.
Section 41-333 - DIRECTOR AS PROCESS AGENT FOR FOREIGN INSURERS AND DOMESTIC RECIPROCAL INSURERS.
Section 41-334 - SERVING PROCESS — TIME TO PLEAD.
Section 41-335 - ANNUAL STATEMENT.
Section 41-336 - REVIEW OF ANNUAL STATEMENT — ADDITIONAL INFORMATION.
Section 41-337 - RESIDENT AGENT, COUNTERSIGNATURE LAW.
Section 41-338 - EXCEPTIONS TO RESIDENT AGENT, COUNTERSIGNATURE LAW.
Section 41-340 - RETALIATORY PROVISION.
Section 41-342 - REDOMESTICATION AS A DOMESTIC INSURER — CONVERSION TO FOREIGN INSURER.
Section 41-343 - ARTICLES OF REDOMESTICATION.
Section 41-344 - EFFECTIVE DATE OF REDOMESTICATION.
Section 41-346 - ACQUISITIONS AND DISPOSITIONS OF ASSETS.
Section 41-347 - NONRENEWALS, CANCELLATIONS OR REVISIONS OF CEDED REINSURANCE AGREEMENTS.