41-902. WRITTEN AGREEMENT NECESSARY. (1) No administrator shall act as such without a written agreement between the administrator and the insurer, and the written agreement shall be retained as part of the official records of both the insurer and the administrator for the duration of the agreement and for five (5) years thereafter. The agreement shall be consistent with the provisions of this chapter and shall contain all provisions required in this chapter, except insofar as those requirements do not apply to the functions performed by the administrator.
(2) The written agreement shall include a statement of duties that the administrator is expected to perform on behalf of the insurer and the lines, classes or types of insurance for which the administrator is to be authorized to administer. The agreement shall make provision with respect to underwriting or other standards pertaining to the business underwritten by the insurer.
(3) The insurer or administrator may, with written notice to the other party and the director, terminate the written agreement as provided in the agreement. The insurer may suspend the underwriting authority of the administrator during the pendency of any dispute regarding the termination of the written agreement. The insurer shall fulfill any lawful obligations with respect to policies affected by the written agreement regardless of any dispute between the insurer and the administrator.
History:
[41-902, added 2010, ch. 31, sec. 2, p. 52.]
Structure Idaho Code
Chapter 9 - INSURANCE ADMINISTRATORS
Section 41-902 - WRITTEN AGREEMENT NECESSARY.
Section 41-903 - PAYMENT TO ADMINISTRATOR.
Section 41-904 - MAINTENANCE OF INFORMATION.
Section 41-905 - ADVERTISING — APPROVAL.
Section 41-906 - PREMIUM COLLECTION AND PAYMENT OF CLAIMS.
Section 41-907 - DELIVERY OF MATERIALS TO COVERED INDIVIDUALS.
Section 41-908 - COMPENSATION TO THE ADMINISTRATOR.
Section 41-909 - NOTICE TO COVERED INDIVIDUALS — DISCLOSURE OF CHARGES AND FEES.
Section 41-910 - REGISTRATION REQUIREMENT.
Section 41-911 - HOME STATE LICENSE.
Section 41-912 - NONRESIDENT ADMINISTRATOR LICENSE.
Section 41-913 - EXPIRATION AND RENEWAL OF ADMINISTRATOR LICENSE.
Section 41-914 - ANNUAL REPORT.
Section 41-915 - GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF LICENSE.