41-341. OPERATIONAL STANDARDS BETWEEN INSURER, ITS PARENT CORPORATION, SUBSIDIARY OR AFFILIATED PERSON. (1) No insurer shall engage directly or indirectly in any transaction or agreement with its parent corporation, or with any subsidiary or affiliated person which shall result or tend to result in:
(a) Substitution through any method of any asset of the insurer with an asset or assets of inferior quality or lower fair market value; or
(b) Deception as to the true operating results of the insurer; or
(c) Deception as to the true financial condition of the insurer; or
(d) Allocation to the insurer of a proportion of the expense of combined facilities or operations which is unfair and unfavorable to the insurer; or
(e) Unfair, unnecessary or excessive charges against the insurer for services, or facilities, or supplies, or reinsurance; or
(f) Unfair and inadequate charges by the insurer for reinsurance, services, facilities, or supplies furnished by the insurer to others; or
(g) Payment by the insurer for services, facilities, supplies, or reinsurance not reasonably needed by the insurer.
(2) In all transactions between the insurer and its parent corporation, or involving the insurer and any subsidiary or affiliated person, full recognition shall be given to the paramount duty and obligation of the insurer to protect the interests of policyholders, both existing and future.
(3) For the purposes of this section a "subsidiary" is a person of which either the insurer and/or the parent corporation holds practical control, and an "affiliated person" is a person controlled by any combination of the insurer, the parent corporation, a subsidiary, or the principal stockholders or officers or directors of any of the foregoing.
History:
[I.C., sec. 41-341, as added by 1969, ch. 214, sec. 9, p. 625.]
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.